bernie inn Posted September 11, 2012 Share Posted September 11, 2012 Can somebody clarify I am on a RSMS 119. Does the 2 years run from visa grant or from job start. I can't stand where I work and want out sooner rather than later, however I also want to do it without any sort of repercussion from IMMI? Link to comment Share on other sites More sharing options...
nicolac34 Posted September 11, 2012 Share Posted September 11, 2012 Can somebody clarify I am on a RSMS 119. Does the 2 years run from visa grant or from job start. I can't stand where I work and want out sooner rather than later, however I also want to do it without any sort of repercussion from IMMI? From when you start the job, not grant. If you were already working there at the time of grant then it would be when granted - but I'm assuming this isn't the case as a 119 is Offshore. Link to comment Share on other sites More sharing options...
bernie inn Posted September 11, 2012 Share Posted September 11, 2012 From when you start the job, not grant. If you were already working there at the time of grant then it would be when granted - but I'm assuming this isn't the case as a 119 is Offshore. This line statement in my Visa approval letter contradicts that opinion: Visa validity Please note that under the Regional Sponsored Migration Scheme if your employment ceases within 2 years from approval, your visa may be subject to cancellation. However wherever I look I can't get a definitive answer on this Link to comment Share on other sites More sharing options...
blossom Posted September 11, 2012 Share Posted September 11, 2012 Can somebody clarify I am on a RSMS 119. Does the 2 years run from visa grant or from job start. I can't stand where I work and want out sooner rather than later, however I also want to do it without any sort of repercussion from IMMI? If you are already in the country and working in your job then it is two years from the visa grant. So if you are already working and have applied for an offshore visa it will be two years from when you have gone overseas to get your visa, and THEN started work again. Any time working for your employer before your visa is granted is not counted. Link to comment Share on other sites More sharing options...
Guest emmahardy214 Posted September 11, 2012 Share Posted September 11, 2012 Hi I have a question. I am a nurse working for queensland health in townsville. i got PR 1st august last year. with all the job losses is it possible to be made redundant??? anmd what happens to my visa?? many thanks Emma Link to comment Share on other sites More sharing options...
nicolac34 Posted September 11, 2012 Share Posted September 11, 2012 Hi I have a question. I am a nurse working for queensland health in townsville. i got PR 1st august last year. with all the job losses is it possible to be made redundant??? anmd what happens to my visa?? many thanks Emma Nothing will happen to your visa, you'll still continue to have it. Being made redundant isn't your fault - so you will have made a genuine effort to stay in the job, it's the job that's ended. Link to comment Share on other sites More sharing options...
nicolac34 Posted September 11, 2012 Share Posted September 11, 2012 This line statement in my Visa approval letter contradicts that opinion: Visa validity Please note that under the Regional Sponsored Migration Scheme if your employment ceases within 2 years from approval, your visa may be subject to cancellation. However wherever I look I can't get a definitive answer on this This is on the immi website: [h=2]Employee obligations[/h]The employee must meet the following obligations. commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia remain employed in the nominated position in the regional area for at least two years. The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer. You wouldn't say you'd started a contract with an employer before you actually started work, would you? And 'remaining in the position for two years' - you wouldn't be 'in the position' if you weren't working for them yet. Link to comment Share on other sites More sharing options...
bernie inn Posted September 11, 2012 Share Posted September 11, 2012 This is on the immi website:Employee obligations The employee must meet the following obligations. commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia remain employed in the nominated position in the regional area for at least two years. The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer. You wouldn't say you'd started a contract with an employer before you actually started work, would you? And 'remaining in the position for two years' - you wouldn't be 'in the position' if you weren't working for them yet. Whilst that is true, but the proviso on the actual visa confirmation letter contradicts that statement, as it references 2 years from visa approval. That statement is from a 119 confirmation, not an 857 so which is right? Also you have to supply a contract signed by both parties in order for the visa to be granted. Immi have a copy of that contract so is that what they would judge on? Link to comment Share on other sites More sharing options...
nicolac34 Posted September 11, 2012 Share Posted September 11, 2012 Whilst that is true, but the proviso on the actual visa confirmation letter contradicts that statement, as it references 2 years from visa approval. That statement is from a 119 confirmation, not an 857 so which is right? Also you have to supply a contract signed by both parties in order for the visa to be granted. Immi have a copy of that contract so is that what they would judge on? Yes that is taken from the 119/857 info (they are both the same other than one is offshore the other is onshore). I take what had been told to me by my migration agent and what I read above to mean that it's from when you start in the position, not when it was approved. These are all technicalities though, if you want out of your job you best speak to a migration agent. FYI on my visa grant letter there is no mention of anything to do with the 2 years validity - I don't take that to mean that I don't have to work for my Company for two years though. Link to comment Share on other sites More sharing options...
Guest emmahardy214 Posted September 11, 2012 Share Posted September 11, 2012 thats what i was hoping but i can't get through to anyone at work or immigration to confirm this!! thanks for the reply Link to comment Share on other sites More sharing options...
nicolac34 Posted September 11, 2012 Share Posted September 11, 2012 thats what i was hoping but i can't get through to anyone at work or immigration to confirm this!! thanks for the reply I really wouldn't worry. Maybe try and speak to the migration agent that processed your visa? There are quite few posts on this forum about RSMS visas and people wanting out before the two years are up, so the fact that you have no choice in the matter would mean that they cannot cancel your visa. Good luck getting out of immigration themselves, judging from the posts from people who have tried to contact them in the past, you will get different information depending on who you speak to. Immigration put the two year stipulation in for RSMS visas to stop people just getting the visa and then not working for the Company or the regional area. They are looking for people not willing to abide by the rules of the visa and that have got it fradulently - they are not looking for decent people who have come over and then been made redundant. Link to comment Share on other sites More sharing options...
Guest emmahardy214 Posted September 11, 2012 Share Posted September 11, 2012 I really wouldn't worry. Maybe try and speak to the migration agent that processed your visa? There are quite few posts on this forum about RSMS visas and people wanting out before the two years are up, so the fact that you have no choice in the matter would mean that they cannot cancel your visa. Good luck getting out of immigration themselves, judging from the posts from people who have tried to contact them in the past, you will get different information depending on who you speak to. Immigration put the two year stipulation in for RSMS visas to stop people just getting the visa and then not working for the Company or the regional area. They are looking for people not willing to abide by the rules of the visa and that have got it fradulently - they are not looking for decent people who have come over and then been made redundant. I didn't use an agent. we came over on a 457 visa and then got sponsorship for 857 when we had been here for 12 months. On both occasions I did everything myself. Hopefully it's not going to get that far! thanks again Link to comment Share on other sites More sharing options...
Guest Olivenca Posted October 2, 2012 Share Posted October 2, 2012 Hi everybody, I am new on that forum and I am in the same situation as you guys, so lets share!! I have been in Australia for 4 years.I have been working in a restaurant since my internship visa got approved back on July 2009, before one year working on my internship visa my boss offer 457 and a promotion as restaurant manager back on July 2010. Late 2011 Perth got the title for regional and I waived my 457 instead 857 which got granted tree months ago. My relationship with my boss is not the best since i start work that for some reason, however i am really capable what I am doing for his bussines. The problem is I can't stand my job place any more and i am not feeling happy as an employer. Firstly I have been working 55 hours without get paid for overtime. Secondly only administration people get day off on public holidays Tiredly sometimes I work 8 days straight with out take my RDOs and when I asked them my boss laugh In conclusion and the worse part of my job is two times per week dependence on schedule I have to work back to back with 7 or 9 hours between shift after a massive 15 hours shift. I love Perth and I don't want to lose my visa but they have been unfair with me and I don't know what should i do because it is seems everybody do work more hours tham get paid but I work more than all the employer in my company. Thank you for consider my pain !!!! Link to comment Share on other sites More sharing options...
rahul trehan Posted March 11, 2014 Share Posted March 11, 2014 Hi Gill,Thanks for your reply. The relationship between my boss and I has broken down really for personal reasons, not for any regulation or rule breach that I can think of. I came to the conclusion a while ago that she was running the business in a manner which I consider to be unethical, although I am 100% sure is not illegal in any way. I felt that from a moral standpoint I could not stay in the position. Up until now she supported my decision to leave although repeatedly tried to persuade me to stay. I am very anxious not to cause ructions in the workplace as there are other overseas workers who are relying on their sponsorships. I'm just very confused as to why any conditions applied to my permanent residency visa still apply as I am now an Australian citizen. Hi maysy sorry to disturb u but plz let me know what hepened after that did u complete your two year with your boss or u quit .because I am going to apply my citizenship can I leave my job after citizenship or not Link to comment Share on other sites More sharing options...
blossom Posted March 11, 2014 Share Posted March 11, 2014 Hi maysy sorry to disturb u but plz let me know what hepened after that did u complete your two year with your boss or u quit .because I am going to apply my citizenship can I leave my job after citizenship or not Maysy had not logged onto the site since 2010. Many people ask a question and then never come back. Link to comment Share on other sites More sharing options...
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