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119 rsms after 2 years ?


Guest the dobbas

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Guest the dobbas

hi all

 

we are going to oz on a employer sponsored 119 rsms visa, i know you have to work for the employer for two years but what happens then? as this is classed as a permanent visa do you have apply for anything or do you just become a resident ???

any help please

 

dobba:hug:

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Guest chris_mac
hi all

 

we are going to oz on a employer sponsored 119 rsms visa, i know you have to work for the employer for two years but what happens then? as this is classed as a permanent visa do you have apply for anything or do you just become a resident ???

any help please

 

dobba:hug:

 

Hi Dobba

 

Not sure myself but booklet five may help..

 

Employer Sponsored Migration Booklet - Australian Immigration

 

Best wishes

 

Chris

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hi all

 

we are going to oz on a employer sponsored 119 rsms visa, i know you have to work for the employer for two years but what happens then? as this is classed as a permanent visa do you have apply for anything or do you just become a resident ???

any help please

 

dobba:hug:

 

Subclass 119 is a permanent resident visa. You do not have to work for anyone in particular, or at all. There could be a failure of business conditions, or some other factor that prevents you from working for your sponsoring employer, however if you do not make a reasonable attempt to do so you are looking for trouble. If you land in Australia a immediately undertake different employment DIAC might well take the view that you provided false and misleading information in your visa application. Similarly DIAC would be unimpressed if there were a reason (or reasons) to believe that the job offer was not genuine. If everbody acts in good faith and something goes wrong you are ok.

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Guest the dobbas
Subclass 119 is a permanent resident visa. You do not have to work for anyone in particular, or at all. There could be a failure of business conditions, or some other factor that prevents you from working for your sponsoring employer, however if you do not make a reasonable attempt to do so you are looking for trouble. If you land in Australia a immediately undertake different employment DIAC might well take the view that you provided false and misleading information in your visa application. Similarly DIAC would be unimpressed if there were a reason (or reasons) to believe that the job offer was not genuine. If everbody acts in good faith and something goes wrong you are ok.

 

hi

i will be working for the sponsoring employer but i thought if things went wrong for whatever reason you only have 28 days to find another employer ( for the first two years anyway ) or is this not the case.

dobba

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hi

i will be working for the sponsoring employer but i thought if things went wrong for whatever reason you only have 28 days to find another employer ( for the first two years anyway ) or is this not the case.

dobba

 

It is not the case.

 

You possibly have in mind the mandatory condition 8107 imposed on subclass 457 visas. It can not be imposed on a subclass 119 visas.

8107

 

The holder must not:

 

 

(a) if the visa was granted to enable the holder to be employed in Australia:

(i) cease to be employed by the employer in relation to which the visa was granted; or

(ii) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

(iii) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; or

(b) in any other case:

(i) cease to undertake the activity in relation to which the visa was granted; or

(ii) engage in an activity inconsistent with the activity in relation to which the visa was granted; or

(iii) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

 

 

There are no mandatory conditions that can be imposed on a subcalass 119 visa and the only discretionary condition that can be imposed relates to secondary applicants not entering Australia before the primary applicant.

 

 

The 28 days is the time (usually) allowed for people who find themselves without a valid visa and prefer not to become a guest of Her Majesty to make other arrangements, find another sponsor, make another visa application, appeal the decision, leave Australia and so on.

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Guest the dobbas
It is not the case.

 

You possibly have in mind the mandatory condition 8107 imposed on subclass 457 visas. It can not be imposed on a subclass 119 visas.

8107

 

The holder must not:

 

 

(a) if the visa was granted to enable the holder to be employed in Australia:

(i) cease to be employed by the employer in relation to which the visa was granted; or

(ii) work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

(iii) engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted; or

(b) in any other case:

(i) cease to undertake the activity in relation to which the visa was granted; or

(ii) engage in an activity inconsistent with the activity in relation to which the visa was granted; or

(iii) engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

 

 

There are no mandatory conditions that can be imposed on a subcalass 119 visa and the only discretionary condition that can be imposed relates to secondary applicants not entering Australia before the primary applicant.

 

 

The 28 days is the time (usually) allowed for people who find themselves without a valid visa and prefer not to become a guest of her Majesty to make other arrangements, find another sponsor, make another visa application, appeal the decision, leave Australia and so on.

 

thanks wrussel

 

so what happens at the end of the two years because in booklet 5 it says you work for your sponsoring employer for 2 years if possible. do you have to write to somone or apply for somthing ( basicly what im trying to say is how do they know you have worked in those two years ). sorry for going on it is just that i what to get things right and do what im suposed to

thanks dobba

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thanks wrussel

 

so what happens at the end of the two years because in booklet 5 it says you work for your sponsoring employer for 2 years if possible. do you have to write to somone or apply for somthing ( basicly what im trying to say is how do they know you have worked in those two years ). sorry for going on it is just that i what to get things right and do what im suposed to

thanks dobba

 

DIAC might, or might not, check at some stage. It is better to assume that they will and act accordingly

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