187 DE Posted July 30, 2018 Share Posted July 30, 2018 On 26/07/2018 at 18:42, ring3018 said: https://www.myaccessaustralia.com/rsms-visa-leave-employer/ I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers Quote Link to comment Share on other sites More sharing options...
Legend Posted July 30, 2018 Share Posted July 30, 2018 29 minutes ago, 187 DE said: I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers That's a great news for us 1 Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 30, 2018 Share Posted July 30, 2018 Quiet monday Quote Link to comment Share on other sites More sharing options...
Legend Posted July 30, 2018 Share Posted July 30, 2018 39 minutes ago, 187 DE said: I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers What about staying at the regional area for 2 years? Do we still need to stay there? Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 30, 2018 Share Posted July 30, 2018 15 minutes ago, Legend said: That's a great news for us Great news indeed Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 2 minutes ago, Legend said: What about staying at the regional area for 2 years? Do we still need to stay there? Unfortunately I do not have any info about that... Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 30, 2018 Share Posted July 30, 2018 58 minutes ago, 187 DE said: I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers Is the full time for visa purpose going to be counted when visa is applied or when rcb is applied? Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 (edited) 1 hour ago, 187 DE said: I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers I swear never believe in the immigration phone calls, some of them are not training well. Ask other registered migration agent and you will know. Thanks to their information, my cousin's visa turns to bridging visa E and he has to leave the country. Edited July 30, 2018 by ring3018 Quote Link to comment Share on other sites More sharing options...
Iloveaus Posted July 30, 2018 Share Posted July 30, 2018 1 hour ago, 187 DE said: I have contacted the Immi dept today asking for the above info. They replied that the 2 years start from when the applicant commence to work full time for the visa purposes and not from when the 187 visa is granted. The reason is because in the past the 187 visa took between 6 and 8 months to be granted. Cheers Hi there, That sounds like a great news. Not that I am not believing you, but this has been so controversial and everyone is saying something different. Could you please advise where can we find this info on the immi website? Cheers Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 30, 2018 Share Posted July 30, 2018 17 minutes ago, ring3018 said: I swear never believe in the immigration phone calls, some of them are not training well. Ask other registered migration agent and you will know. Thanks to their information, my cousin's visa turns to bridging visa E and he has to leave the country. I think the best way to get this clear is to write to the immigration rather than phone call. This will provide a better evidence in case any thing happens in future. 2 Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 Just now, Synergy22 said: I think the best way to get this clear is to write to the immigration rather than phone call. This will provide a better evidence in case any thing happens in future. Yeah, better ask them to provide a legislation copied from the Homesaffair or gov website as well. Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 1 hour ago, Synergy22 said: Is the full time for visa purpose going to be counted when visa is applied or when rcb is applied? Well, when you apply for the visa you should have all the documentation ready to submit to the department including your contract. The 2 years starts from the day of your contract. Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 46 minutes ago, ring3018 said: I swear never believe in the immigration phone calls, some of them are not training well. Ask other registered migration agent and you will know. Thanks to their information, my cousin's visa turns to bridging visa E and he has to leave the country. My agent confirmed it, and actually makes sense. And the legislation is quite clear about it as it states that the 2 years start when the applicant commence to work and not when the visa is granted. What happened with your cousin if you don't mind? Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 40 minutes ago, Iloveaus said: Hi there, That sounds like a great news. Not that I am not believing you, but this has been so controversial and everyone is saying something different. Could you please advise where can we find this info on the immi website? Cheers According to the MIGRATION LEGISLATION AMENDMENT (INTEGRITY OF REGIONAL MIGRATION SCHEMES) BILL 2000, The Minister may only cancel a person’s visa under new subsection 137Q(2) if: - the Minister is satisfied that: - the person commenced the employment referred to in the relevant employer nomination; and - the employment terminated within the required employment period of 2 years starting on the day the person commenced that employment; and - the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period. 137Q.rtf Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 1 minute ago, 187 DE said: My agent confirmed it, and actually makes sense. And the legislation is quite clear about it as it states that the 2 years start when the applicant commence to work and not when the visa is granted. What happened with your cousin if you don't mind? My agent said the 2 years started when the visa is granted, now I'm confused. My cousin visa got refused and he didn't receive the email. So he missed the 28 days AAT, bridging A expired so he's basically stayed illegally without knowledge. The immi doesn't want to take the blame, he calls immi and they said he can apply for another visa while on bridging visa A. However, the true is when you got refused he got barred by Schedule 48 section 3, he got bridging visa E plus 3 years ban. 1 Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 41 minutes ago, ring3018 said: Yeah, better ask them to provide a legislation copied from the Homesaffair or gov website as well. http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 2 minutes ago, 187 DE said: http://www8.austlii.edu.au/cgi-bin/viewdoc/au/legis/cth/consol_act/ma1958118/s137q.html I read this as well. It is not stated before or after visa granted. Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 (edited) Here, on Homesaffairs page it stated: https://www.homeaffairs.gov.au/trav/visa-1/187- Your obligations You and your family must comply with all visa conditions and Australian laws. We might cancel this visa if you do not make a genuine effort to begin employment with your employer within six months of: your first entry to Australia if you were granted this visa while you were outside of Australia; or the visa being granted if you were granted this visa while you were in Australia. We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled. Edited July 30, 2018 by ring3018 1 Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 2 minutes ago, ring3018 said: I read this as well. It is not stated before or after visa granted. That's right, it states 2 years starting when the applicant start to work and not 2 years starting when the visa is granted. I guess it makes sense as nowadays it takes 24 months for the visa granted. Then another 2 years to work for the same employer is a total of 4 years...quite ridiculous I think. I mean, circumstances can change... Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 The processing time is also ridiculous, no countries increase their visa fee like that and force people to wait for 24 months for a visa. 2 Quote Link to comment Share on other sites More sharing options...
187 DE Posted July 30, 2018 Share Posted July 30, 2018 4 minutes ago, ring3018 said: Here, on Homesaffairs page it stated: https://www.homeaffairs.gov.au/trav/visa-1/187- Your obligations You and your family must comply with all visa conditions and Australian laws. We might cancel this visa if you do not make a genuine effort to begin employment with your employer within six months of: your first entry to Australia if you were granted this visa while you were outside of Australia; or the visa being granted if you were granted this visa while you were in Australia. We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled. It states that they cancel your visa if you don't start to work within 6 months when you have the visa granted, or if you start to work, but you quit before the 2 years starting from when you commence to work. At least it is my interpretation. If you got your visa granted and you work in the position for more than 2 years, there is any issue. Quote Link to comment Share on other sites More sharing options...
ring3018 Posted July 30, 2018 Share Posted July 30, 2018 1 minute ago, 187 DE said: It states that they cancel your visa if you don't start to work within 6 months when you have the visa granted, or if you start to work, but you quit before the 2 years starting from when you commence to work. At least it is my interpretation. If you got your visa granted and you work in the position for more than 2 years, there is any issue. you do not start working in your nominated position within six months from the date of the granting of the visa, or you fail to convince the DIBP that you have made a genuine effort to start working in the position you are supposed to undertake within six months after entering the country. you start employment but you terminate it within the first two years and you fail to satisfy the DIBP as to your effort to remain in your sponsored job for the prescribed two years. Because, 187 Rsms doesn't state that you have to work there before the visa granted even if you're onshore. It's your choice to work with them before the visa granted. The purpose for this visa is for you to move in the regional area and stay there for 2 years when you got the visa. Quote Link to comment Share on other sites More sharing options...
JJJ Posted July 30, 2018 Share Posted July 30, 2018 Sometimes thats coming into my mind is, would there be any way to express speak out , our voices, towards public, to the government. I mean the program is made to benefit the Country but what about us? why do we have to be left in a unstable condition for 2 years? The processing time is non-sense. Quote Link to comment Share on other sites More sharing options...
Synergy22 Posted July 30, 2018 Share Posted July 30, 2018 Delay in visa processing is the cause of all this questions and debates. When the times comes, i will write to the immigration to find out if it is possible to leave employer if one have completed 2 years full time upon the time of employment not when visa was granted. 1 Quote Link to comment Share on other sites More sharing options...
Sharma99 Posted July 30, 2018 Share Posted July 30, 2018 5 minutes ago, JJJ said: Sometimes thats coming into my mind is, would there be any way to express speak out , our voices, towards public, to the government. I mean the program is made to benefit the Country but what about us? why do we have to be left in a unstable condition for 2 years? The processing time is non-sense. I thoroughly agree with you. Quote Link to comment Share on other sites More sharing options...
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