187 Visa Processing Time

[Ray123]

Hi,, Everyone One of my friend apply October 2017 and I am also applied same employer January 2018 In March 2018 my friend Nominaton was Rejected reason is Different ANZCO code both of application done by our employer my application is same PositionPosition suddenly employer try to withdraw my application before she called immigration and asked what we have to this.. it was NSW processing Centre they said no need to withdraw application applicant and employer should send the e mails from mentions to change code no. Then we did and we got replied email change that code and CO can access your changers. But still worries what they doing end of the day. But my employer said if they refused we have evidence to AAT.  I was 457 same position.what you guys thinking 

[Chef187F2018wyeriver]

11 hours ago, MilaMocha said:

wrong.

2 years from the day you started working full-time. 

Hi there, I am working  full time casual since July 2017 and applied rsms direct entry feb 2018  it’s been 8 months already lodged my application if got my visa by next July I would complete my 2 years full job basis so in this case if I quit job would effect my visa ? 

[Ray123]

From the grant date to two yeas bro

[CarlG]

8 hours ago, Annie21 said:

im glad that people loves their job, love what they're doing everyday. but sadly i dont enjoy it for reasons. i didnt complain a thing though. so please dont feel unpleasant, or judge people whose different opinion

I understand you, I have seen people that looks like they have no soul at the end of their sponsorship. 

[CarlG]

12 hours ago, cavas85 said:

Hi everyone,

I discovered this amazing forum few weeks ago, and I have been a silent follower since then. 

It helps a lot sharing experience from all of us.

My question regard our conditions:

Do we count the 2 years from the day we start to be employed or  from the day visa is granted? In my opinion, reading the government website, is clear that  it starts from the moment the we begin employed. But I heard different and opposite opinion from various MA.

Which is your opinion ? Do you have any experience to share?

 

 

According to the migration act 1958 and to my migration agent. The time start running from the day you started the full time employment.

[Bishal911]

1 minute ago, CarlG said:

According to the migration act 1958 and to my migration agent. The time start running from the day you started the full time employment.

Hi all I have been working full time casual  as chef 2017and applied rsms direct entry feb 2018  it’s been 8months already lodged my application if got my visa by next July I would complete my 2 years full job basis so in this case if I quit job would effect my visa ? 

 

 

[CarlG]

17 minutes ago, Bishal911 said:

Hi all I have been working full time casual  as chef 2017and applied rsms direct entry feb 2018  it’s been 8months already lodged my application if got my visa by next July I would complete my 2 years full job basis so in this case if I quit job would effect my visa ? 

 

 

•  

If you are casual it will. If you have sign a full time contract then you'll be free after 2 years of the celebration of the contract if you get your PR

[Manu]

11 hours ago, RazzArora said:

Hey Manu, sorry to hear that! Could you plz share what reason have been given for the refusal? Also if you could plz share how many people were working there already and business turnover? This might help others in their case. Thanks in advance 

Lawyer made the mess of it.that was in 2015 then i relodge again last may. Waiting so hopefully am lucky this time.4 people sponsor in the business. Am on a 457 visa but i lodge rsms

[ring3018]

2 hours ago, CarlG said:

According to the migration act 1958 and to my migration agent. The time start running from the day you started the full time employment.

Wrong, ask some of the well-known registered migration agents and even call the immigration to make sure. 2 years full-time counted when you were granted a visa.

They don’t count when you work with the employers before the visa granted. If you quit that’s your risk except if you have compelling circumstances like the store is into liquidation or injured etc. Some of the 457 i know work for the employers for 4 years and they don’t count as well.

They make it really hard especially in regional areas if you’ve seen the news.

Call them and hear your answer

[Mavi]

Hello guys,

I have seen few people talking about visa conditions after approval. Well I have attached my visa obligations letter which I received  when I got my PR almost two years ago. And it clearly says that you commence your contract with in six months after PR and remain in the same position for 2 years, if you don’t meet obligations you may face visa cancellation. READ FOLLOWING COPY PASTE FROM MY LETTER AND HAVE A LOOK IN ATTACHED PHOTO of my visa approval letter. 

 

And it says that:

 

“Your obligations
You must meet the following obligations:
- commence employment within six (6) months of arriving in Australia as the holder of this visa or within six (6) months of the visa grant if you are already in Australia
- remain employed in the nominated position in the regional area for at least two (2) years.

Your visa may be cancelled if you do not make a genuine effort to comply with the above mentioned obligations. If you have any enquiries regarding your obligations please contact 131 881 or write to the Permanent Employer Sponsored Entry Centre of Excellence nearest you. More details can be found on our website at www.border.gov.au”

 

 

Guys my suggestion is please seek proper legal ADVICE from REGISTERED MIGRATION AGENT  before terminating your RSMS contact after approval to avoid adverse consequences because it takes a lot to get permanent residency. 

 

Kind regards,

Mavi 

[Ray123]

4 hours ago, Ray123 said:

Hi,, Everyone One of my friend apply October 2017 and I am also applied same employer January 2018 In March 2018 my friend Nominaton was Rejected reason is Different ANZCO code both of application done by our employer my application is same PositionPosition suddenly employer try to withdraw my application before she called immigration and asked what we have to this.. it was NSW processing Centre they said no need to withdraw application applicant and employer should send the e mails from mentions to change code no. Then we did and we got replied email change that code and CO can access your changers. But still worries what they doing end of the day. But my employer said if they refused we have evidence to AAT.  I was 457 same position.what you guys thinking 

 

[Ray123]

Just now, Ray123 said:

 

Hi,, Everyone One of my friend apply October 2017 and I am also applied same employer January 2018 In March 2018 my friend Nominaton was Rejected reason is Different ANZCO code both of application done by our employer my application is same PositionPosition suddenly employer try to withdraw my application before she called immigration and asked what we have to this.. it was NSW processing Centre they said no need to withdraw application applicant and employer should send the e mails from mentions to change code no. Then we did and we got replied email change that code and CO can access your changers. But still worries what they doing end of the day. But my employer said if they refused we have evidence to AAT.  I was 457 same position.what you guys thinking 

[rhg]

16 hours ago, ring3018 said:

If you read it clearly, the sentence above you highlighted is if you Do Not make a genuine effort to begin your employment within 6 months of:

the visa being granted if you were granted this visa while you were in Australia

2 years started from the day you were granted the visa.

 

2 years count from visa granted date.

[CarlG]

1 hour ago, ring3018 said:

Wrong, ask some of the well-known registered migration agents and even call the immigration to make sure. 2 years full-time counted when you were granted a visa.

They don’t count when you work with the employers before the visa granted. If you quit that’s your risk except if you have compelling circumstances like the store is into liquidation or injured etc. Some of the 457 i know work for the employers for 4 years and they don’t count as well.

They make it really hard especially in regional areas if you’ve seen the news.

Call them and hear your answer

MIGRATION ACT 1958 - SECT 137Q

Cancellation of regional sponsored employment visas

Employment does not commence

             (1)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and

                     (b)  the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.

Employment terminates within 2 years

             (2)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that:

                              (i)  the person commenced the employment referred to in the relevant employer nomination(whether or not within the period prescribed by the regulations); and

                             (ii)  the employment terminated within the period of 2 years starting on the day the person commenced that employment; and

                     (b)  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.

 

pay special attention to the phrases

(whether or not within the period prescribed by the regulations);

(the period of 2 years starting on the day the person commenced that employment) That day is when both parts celebrate the full time employment contract witch is used to do the nomination

 

In the court database you can find examples of similar cases in witch the judge has used the above interpretation of law

[ring3018]

4 hours ago, rhg said:

2 years count from visa granted date.

I said the same thing, the 2 years started from the visa granted date. He said it’s counted when you start a 2 years contract when the employer. Which is different, you can work for 10 years full-time with the employer however you want but with Rsms 187 it’s only counted the period after the visa granted.

Edited October 13, 2018 by ring3018

[ring3018]

4 hours ago, CarlG said:

MIGRATION ACT 1958 - SECT 137Q

Cancellation of regional sponsored employment visas

Employment does not commence

             (1)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and

                     (b)  the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.

Employment terminates within 2 years

             (2)  The Minister may cancel a regional sponsored employment visa held by a person if:

                     (a)  the Minister is satisfied that:

                              (i)  the person commenced the employment referred to in the relevant employer nomination(whether or not within the period prescribed by the regulations); and

                             (ii)  the employment terminated within the period of 2 years starting on the day the person commenced that employment; and

                     (b)  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.

 

pay special attention to the phrases

(whether or not within the period prescribed by the regulations);

(the period of 2 years starting on the day the person commenced that employment) That day is when both parts celebrate the full time employment contract witch is used to do the nomination

 

In the court database you can find examples of similar cases in witch the judge has used the above interpretation of law

This regulation doesn’t state that 2 years counted before or after the visa granted. Can you highlight that for me? The Homesaffair  page stated it really clearly. My agent stated the same, this is a quote of his email: 

“If within six months of the date of your approval or within six months upon entering Australia as a holder of an RSMS visa you did not commence employment in your nominated role and you did not satisfy the Department of Immigration of your genuine effort to commence employment within the six months period”

You seriously need to consult a registered migration agent.

Edited October 13, 2018 by ring3018

[Synergy22]

Why not write to the immigration direct about this issue and hear what they will say instead of third party information. 

[Ish90]

On 12/10/2018 at 18:53, Ish90 said:

Hi Everyone,

My MA has got a call from immigration today, requesting for latest financial documents.. within the next 7 days. I've been waiting since Mar 2017 and finally, it looks like they are speeding up the process. I will just share my time line, if someone is interested to know.

Occupation: Childcare group leader 

State: ACT

RCB is already approved in 2017 April

Applied for nomination on March 2017. Applied for Visa on 30th of Jan 2018.  It's been 20 months since I applied for nomination. Who knows what will happen. Hope for the best!!

 

On 12/10/2018 at 21:38, k2018rlcc said:

Hi, can I just ask why did you apply for the nomination first and then visa after 9 months? I’m this same occupation and state but applied in Feb 2018. I’m working for large childcare 

It's just coz I didn't have some documents ready at the time to lodge both nomination and visa together. 

[Ray123]

[Ray123]

On 13/10/2018 at 07:03, Ray123 said:

Hi,, Everyone One of my friend apply October 2017 and I am also applied same employer January 2018 In March 2018 my friend Nominaton was Rejected reason is Different ANZCO code both of application done by our employer my application is same PositionPosition suddenly employer try to withdraw my application before she called immigration and asked what we have to this.. it was NSW processing Centre they said no need to withdraw application applicant and employer should send the e mails from mentions to change code no. Then we did and we got replied email change that code and CO can access your changers. But still worries what they doing end of the day. But my employer said if they refused we have evidence to AAT.  I was 457 same position.what you guys thinking 

 

[brarz]

2 hours ago, Ray123 said:

 

Hi can any anyone suggest me my friend got pr 2 month ago her employer wants to sell her business due to personal conflict, and she keep saying to her that she cannot afford her now. What she should do? 

[Rajat Babbar]

It is shock to read that there are still 2016 cases pending. It demorolize soo much.
People from 2018 should stop thinking about results and busy in normal life.
It may take time.
2017 first quarter is still pending currently.

[k2018rlcc]

20 hours ago, Ish90 said:

 

It's just coz I didn't have some documents ready at the time to lodge both nomination and visa together. 

Thank you. Good luck and let us know once you will get PR, very soon I’m sure. 

[sam777]

Hi can any anyone suggest me my friend got pr 2 month ago her employer wants to sell her business due to personal conflict, and she keep saying to her that she cannot afford her now. What she should do? 

Try to find same occupation in the same regional or different regional where she should get same position and Salary. It is better because she must need to look for another job in any regional in Australia. I hope it will work it out.

[Mano@187]

On 10/10/2018 at 21:39, Talwaar Khan said:

Whats ur time line?

Applied both nomination and visa in April 2017. Status still received.