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Change employer on RSMS

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Hi guys, i recently got approved rsms application visa a month ago as a cook. I know its pretty clear from immigration that i required to stay with my employer for 2 years after granted. My boss recently change the business structure together with the abn, whilst putting me to his other store with different store name and abn too. I had been working with him for 2 years and never got paid super from the last 1.5 years, took away some annual leave whilst i did not using them, work over time 10-15hours unpaid (some people will think its normal in hospitality area), we are always understaff too. What are the chance for me to change the employer? Do i need to stay like this for another 23 months? I just dont want to let my hardwork to get the permanent resident strip, because i recklessly change the employer without taking the right step. Thank you so much for anyone willing to take the time to reply my thread. 

 

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If the changes were prior to the visa being granted, then I would say you have a good chance. If they were prior, forget it, as the transfer of your job to what is effectively a different business should have been reported to the department and the failure to do so could still cause issues.

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@VERYSTORMY it is prior after the granted, so i guess i have a good chance. How do i do this, would hire a immigration lawyer better to resolve the solution? 

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The issue is that if your business effectively changed - new place of work, new abn, new conditions before the grant, you and the business should have notified the department and because you didn't, could lead to your visa being cancelled. I recommend professional advice 

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The change happen 2 weeks after my visa is granted though, not before.

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I would report your employer to Fair Work Australia regarding the missing superannuation, annual leave and unpaid overtime as those issues should be resolved irrespective of your immigration status.  But having those issues investigated may also give you some support with DHA if you ask for leniency to change employers before completing 2 years with your employer.


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186 ENS Temporary Residence Transition - Granted Dec 2013 :biggrin:

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