fantastico Posted May 24, 2013 Share Posted May 24, 2013 Hi Guys , i am already 5 years in Australia and in normal rules we can get the citizenship after 1year of permanent visa , so you think for rsms we need to wait for 2 years? or we can apply for citizenship after one year???Thanks Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted May 24, 2013 Share Posted May 24, 2013 Thanks for ur valuable advice.fyi iam using a ma No worries! Yeah if you haven't been in contact with your MA, I would definitely ring them as soon as possible and explain the situation. I wouldn't be concerned about disclosing this information to your MA. They are there to represent you with DIAC. I mean... it's a bit of a tricky one. If DIAC were aware that your employer is going to close up shop, or if they do close before the visa is granted, DIAC will obviously not grant the visa. But if your employer waits until you have PR and then closes up shop, you will be fine as that is out of your control. You would just need to find a similar job in regional Australia and notify DIAC. Speak to your MA. Let them know you are very concerned about the status of your visa, as it has been 11 months and see if your MA will contact DIAC to make an enquiry. You have nothing to lose and everything to gain, and it is certainly a reasonable request at this stage. Feel out the situation - if you feel confident that your MA is trustworthy and will do everything they can to help you, let them know your situation with your employer and hopefully they will get on it with DIAC... I'm sorry you're in this situation mate. I wish you the best of luck! Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted May 24, 2013 Share Posted May 24, 2013 Hi Guys , i am already 5 years in Australia and in normal rules we can get the citizenship after 1year of permanent visa , so you think for rsms we need to wait for 2 years? or we can apply for citizenship after one year???Thanks This question has come up a few times in the forums, and a valid question indeed. In order to meet the requirements for citizenship, you must be in Australia for a minimum of 4 years and at least 1 year must be on a permanent residency visa. I would think that after 1 year on the RSMS you would technically qualify for citizenship and once you have that you are under no further obligation to fulfill the 2 year contract with your sponsoring employer because you are a citizen. Blossom79 may be able to provide further information, but that's my opinion! You could always call DIAC and ask them - that's what they're there for Quote Link to comment Share on other sites More sharing options...
blossom Posted May 24, 2013 Share Posted May 24, 2013 Yes, after one year, in your situation you can apply for citizenship. However, this can take months to actually get. One person did post a little while ago that they were on a rsms and had applied for citizenship and had been told that they could not go for their test as they had left the employer before the two years were up. Not very helpfully, that is all they said, and never answered any of the questions we asked to work out what had happened. But yes, as soon as I have had my pr for a year I will be applying! Quote Link to comment Share on other sites More sharing options...
Lovepreet Posted May 25, 2013 Share Posted May 25, 2013 feeling impatient, frustrated and very annoyed.. 12th month has started yet nothing. whatever the result is i just want to get over it.. feels restless as when i applied back in june i was told i will get the decision maximum in 9 months. :confused: Quote Link to comment Share on other sites More sharing options...
prayash Posted May 25, 2013 Share Posted May 25, 2013 My case was same ...nomination got rejected after 9 months from SA.....it was a roadhouse and CO said its more like a fast food menu .. ...I wasted over a y ear to hear that stupid decision .... Hi blossom n all, I have been following this forum from last 5 months..... My friend applied RSMS off shore(cook) on June 29th 2012 with approved RCB from SA... after all long wait they have been requested twice to DIAC about their application decision..... Last Monday(19/5/2013) straight away they had decision of refusal as co considered roadhouse restaurant is fast food according to menu even though they had main meals...... Most of the road house restaurants have standard main meals with many fast food dishes. It was really surprised... they do not have a second chance to prove. Finally if they want to claim they have to go for MRT which is not worth waiting for one more year. Dear friends I feel contacting twice to Diac is not worth. It may be result with straight away decision either positive or negative. We should have chance for further investigation for refusal reason prior to decision made. Hope this information helps those who waiting.... Good luck to all.... I really thank to blossom for being helpful to all... Quote Link to comment Share on other sites More sharing options...
Guest Bheema Posted May 25, 2013 Share Posted May 25, 2013 My case was same ...nomination got rejected after 9 months from SA.....it was a roadhouse and CO said its more like a fast food menu .. ...I wasted over a year to hear that stupid decision .... Hi prayash that really sad bro...!! Hope u find other good way.... Could u please share your time line? Did you go through an agent? Quote Link to comment Share on other sites More sharing options...
Move2 Posted May 25, 2013 Share Posted May 25, 2013 feeling impatient, frustrated and very annoyed.. 12th month has started yet nothing. whatever the result is i just want to get over it.. feels restless as when i applied back in june i was told i will get the decision maximum in 9 months. :confused: LOvepreet You should be close to decision now. Hang On. Quote Link to comment Share on other sites More sharing options...
prayash Posted May 26, 2013 Share Posted May 26, 2013 yea it was dec 2011 ....I applied for RCb which got approved after 4 months ..then nomination and visa on may 2012 . 857 visa application withdrawal on feb 2013 as the nomination of the business got rejected on the same month.... Hi prayash that really sad bro...!! Hope u find other good way.... Could u please share your time line? Did you go through an agent? Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted May 26, 2013 Share Posted May 26, 2013 yea it was dec 2011 ....I applied for RCb which got approved after 4 months ..then nomination and visa on may 2012 . 857 visa application withdrawal on feb 2013 as the nomination of the business got rejected on the same month.... I feel so bad for you, prayash! That is terrible for you to wait so many months only for DIAC to tell you to withdrawal your application because they weren't satisfied with the job requirement. In my opinion, that is was the first stage of the process - the RCB - should be assessing. Maybe this isn't necessarily the case for all states/territories, but in South Australia, the RCB is Immigration SA. So if the RCB assesses the nomination and they are satisfied, then that should be it. It is very unfair for an applicant to wait so long for DIAC to tell them that they "don't meet the requirements". I know I would much rather find out at the RCB stage than several months later when DIAC assesses the nomination. It's really silly that the RCB stage even exists due to the fact the DIAC still needs to assess the nomination. What is the point of the RCB stage then? I've been told that the RCB's advice "may influence" the decision of DIAC's assessment of the nomination, but to be honest, it almost seems like having the RCB assess the nomination and then DIAC assess the nomination is redundant... If the RCB stage is going to exist, then DIAC should trust that their assessment is good enough to proceed with the visa application. Quote Link to comment Share on other sites More sharing options...
prayash Posted May 26, 2013 Share Posted May 26, 2013 Totally agreed ..Sonic blue ...I shifted to WA and applied from a roadhouse again ...apparently here are 5 people already gone through 857 and 457 process and got their visa granted ..I dun understand if this roadhouse can sponsor people then Y couldn't the previous one ....I think its all about luck and fate ......... I feel so bad for you, prayash! That is terrible for you to wait so many months only for DIAC to tell you to withdrawal your application because they weren't satisfied with the job requirement. In my opinion, that is was the first stage of the process - the RCB - should be assessing. Maybe this isn't necessarily the case for all states/territories, but in South Australia, the RCB is Immigration SA. So if the RCB assesses the nomination and they are satisfied, then that should be it. It is very unfair for an applicant to wait so long for DIAC to tell them that they "don't meet the requirements". I know I would much rather find out at the RCB stage than several months later when DIAC assesses the nomination. It's really silly that the RCB stage even exists due to the fact the DIAC still needs to assess the nomination. What is the point of the RCB stage then? I've been told that the RCB's advice "may influence" the decision of DIAC's assessment of the nomination, but to be honest, it almost seems like having the RCB assess the nomination and then DIAC assess the nomination is redundant... If the RCB stage is going to exist, then DIAC should trust that their assessment is good enough to proceed with the visa application. Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted May 26, 2013 Share Posted May 26, 2013 Totally agreed ..Sonic blue ...I shifted to WA and applied from a roadhouse again ...apparently here are 5 people already gone through 857 and 457 process and got their visa granted ..I dun understand if this roadhouse can sponsor people then Y couldn't the previous one ....I think its all about luck and fate ......... Yes perhaps so! Well best of luck to you and good on you for finding another employer to sponsor you so quickly! And hey, Perth seems to be processing applications a little quicker now, and at least you've been through the whole process and know what to expect. Fingers crossed you don't have to wait so long this time around. I think DIAC has nearly cleared their backlog from June - or at least the Perth office, anyway. Keep us updated! On another note and out of curiosity, did you enquire about getting a refund from your first application? I doubt DIAC would refund it, but you never know? Or perhaps allow you to apply that paid visa application fee to your new application? Quote Link to comment Share on other sites More sharing options...
Lovepreet Posted May 27, 2013 Share Posted May 27, 2013 Hope we get a good news this week.. Good luck Quote Link to comment Share on other sites More sharing options...
prayash Posted May 27, 2013 Share Posted May 27, 2013 Yea but the disappointing part is I applied in Melbourne office and it's again non DRC Yes perhaps so! Well best of luck to you and good on you for finding another employer to sponsor you so quickly! And hey, Perth seems to be processing applications a little quicker now, and at least you've been through the whole process and know what to expect. Fingers crossed you don't have to wait so long this time around. I think DIAC has nearly cleared their backlog from June - or at least the Perth office, anyway. Keep us updated! On another note and out of curiosity, did you enquire about getting a refund from your first application? I doubt DIAC would refund it, but you never know? Or perhaps allow you to apply that paid visa application fee to your new application? Quote Link to comment Share on other sites More sharing options...
Deep Sandhu Posted May 27, 2013 Share Posted May 27, 2013 Hi everyone Here's my situation i had applied for RCB and got negative reply by saying doesn't satisfied,haven't got told any reason that why it was negative now my question is if it is still safe to lodge nomination and visa application & if not what's risk factor? Please give your suggestions will be appreciated.Thanks Quote Link to comment Share on other sites More sharing options...
blossom Posted May 27, 2013 Share Posted May 27, 2013 Hi everyoneHere's my situation i had applied for RCB and got negative reply by saying doesn't satisfied,haven't got told any reason that why it was negative now my question is if it is still safe to lodge nomination and visa application & if not what's risk factor? Please give your suggestions will be appreciated.Thanks Welcome to poms in oz. I most definitely wouldn't apply for the visa if you got turned down by the rcb. Which rcb was this? Adelaide turned down my first one and sent a very long letter saying why. Are you using an agent? What occupation are you applying under? Quote Link to comment Share on other sites More sharing options...
Deep Sandhu Posted May 27, 2013 Share Posted May 27, 2013 (edited) Thanx heaps for your reply,yea its geelong (Victoria) rcb i work as motor mechanic in Toyota dealership and pretty much my agent had provided all the documents but in result my agent just got bck 1404 form says not satisfies no reason no other letter so my agent & manager both rang RCB to know the reason it ws bumped back but they said sorry can't share any info. You have to apply for nomination and then case-officer will hopefully tell us..so I have got no option rather then moving forward.Does it happen if RCB given negative advise nomination still get approved? Edited May 27, 2013 by Deep Sandhu Quote Link to comment Share on other sites More sharing options...
blossom Posted May 27, 2013 Share Posted May 27, 2013 You are the only other person bar me I have ever heard of being turned down by the rcb. Previously you couldn't apply for the visa without a positive rcb. We reapplied for the rcb and passed, but we knew the reasons they had refused us. That is crazy that they won't tell you. Did your company advertise the job? Quote Link to comment Share on other sites More sharing options...
Deep Sandhu Posted May 27, 2013 Share Posted May 27, 2013 Yup everything was done,RCB said we neither refuse nor approve its just advice (opinion)that was asked by DIAC.so we have deal with DIAC and now I don't know what should I do now so stressed Quote Link to comment Share on other sites More sharing options...
SonicBlue82 Posted May 27, 2013 Share Posted May 27, 2013 Yup everything was done,RCB said we neither refuse nor approve its just advice (opinion)that was asked by DIAC.so we have deal with DIAC and now I don't know what should I do now so stressed Yeah that is ridiculous that they won't tell you or your employer what the reasoning is behind their decision. How are you supposed to address an issue when you're unaware of the issue? Personally I would seek the advice of a reputable migration agent. It is already risky enough lodging a nomination and visa together with DIAC, as once the visa is lodged you must pay the visa application fee. If the nomination assessment with DIAC is unsatisfactory, then you lose the cost of the visa........... Knowing in advance that the RCB was not satisfied sort of sets off a mental alarm that maybe your application wouldn't be successful with DIAC. It's very difficult to tell. What visa are you on at the moment and when does it expire? If you have time on your side, you could always lodge just the nomination with DIAC, as there is no cost associated with the nomination. Therefore, if DIAC is not satisfied with the nomination, the only thing you will have lost is time, but not the $3060 from the visa application. But if you don't have enough time, the only way to get a bridging visa is to lodge the visa application in which case you must pay the fee. Sorry to hear you're in this predicament! Quote Link to comment Share on other sites More sharing options...
Deep Sandhu Posted May 27, 2013 Share Posted May 27, 2013 Thanks for your reply guys really appreciate,so what can be the options and can I also apply for state sponsership as a backup. Quote Link to comment Share on other sites More sharing options...
yazzi Posted May 27, 2013 Share Posted May 27, 2013 Hi, I am currently on a TR visa subclass 485. I have to lodge my RSMS in a couple of weeks time as a cook in QLD. I have Certificate III in Hospitality (Commercial Cookery) and Advanced Diploma in Hospitality. I have all my documents ready and my employer has already done his paper work for my visa 187. Now, my lawyer is saying I need Certificate IV in Hospitality (Commercial Cookery) to lodge my visa application OR I have to show 2 years of past experience as a full-time along with Cert. III as cook. Now, I do not understand the point of getting a Cert. IV when I have Advanced Diploma which is advanced course of Cert. III. Why immigration needs that when it was not required for my TR 485. I am so confused. My employer is ready to sponsor me. Now, what option do I have? Has anyone gone through this recently? The chaos I must say! Thanks, Yazzi I feel so bad for you, prayash! That is terrible for you to wait so many months only for DIAC to tell you to withdrawal your application because they weren't satisfied with the job requirement. In my opinion, that is was the first stage of the process - the RCB - should be assessing. Maybe this isn't necessarily the case for all states/territories, but in South Australia, the RCB is Immigration SA. So if the RCB assesses the nomination and they are satisfied, then that should be it. It is very unfair for an applicant to wait so long for DIAC to tell them that they "don't meet the requirements". I know I would much rather find out at the RCB stage than several months later when DIAC assesses the nomination. It's really silly that the RCB stage even exists due to the fact the DIAC still needs to assess the nomination. What is the point of the RCB stage then? I've been told that the RCB's advice "may influence" the decision of DIAC's assessment of the nomination, but to be honest, it almost seems like having the RCB assess the nomination and then DIAC assess the nomination is redundant... If the RCB stage is going to exist, then DIAC should trust that their assessment is good enough to proceed with the visa application. Quote Link to comment Share on other sites More sharing options...
like a limbo Posted May 27, 2013 Share Posted May 27, 2013 hi,i am currently on a tr visa subclass 485. I have to lodge my rsms in a couple of weeks time as a cook in qld. I have certificate iii in hospitality (commercial cookery) and advanced diploma in hospitality. I have all my documents ready and my employer has already done his paper work for my visa 187. Now, my lawyer is saying i need certificate iv in hospitality (commercial cookery) to lodge my visa application or i have to show 2 years of past experience as a full-time along with cert. Iii as cook. Hi now, i do not understand the point of getting a cert. Iv when i have advanced diploma which is advanced course of cert. Iii. Why immigration needs that when it was not required for my tr 485. I am so confused. my employer is ready to sponsor me. Now, what option do i have? Has anyone gone through this recently? The chaos i must say! Thanks, yazzi hi yazzi i understand your situation because i have been through this and i did my cert 4 in commercial cookery in two days from rpl metro college of technology queensland while m in perth and i did everything online in 2 days you just need to show them some pictures and videos of your work you r doing in restaurant and a referance letter from your employer and pay the fee $3500 and you get the cert 4 in cookery straight away easy as that and that instituition is rto registered as well which diac wants as per their requirements good luck Quote Link to comment Share on other sites More sharing options...
yazzi Posted May 28, 2013 Share Posted May 28, 2013 Hello, my question is Do I really need Cert. IV to apply for RSMS now? I have already done Cert. III and Advanced Diploma which overall is advance course of Cert. IV. hi yazzi i understand your situation because i have been through this and i did my cert 4 in commercial cookery in two days from rpl metro college of technology queensland while m in perth and i did everything online in 2 days you just need to show them some pictures and videos of your work you r doing in restaurant and a referance letter from your employer and pay the fee $3500 and you get the cert 4 in cookery straight away easy as that and that instituition is rto registered as well which diac wants as per their requirements good luck Quote Link to comment Share on other sites More sharing options...
blossom Posted May 28, 2013 Share Posted May 28, 2013 Hello,my question is Do I really need Cert. IV to apply for RSMS now? I have already done Cert. III and Advanced Diploma which overall is advance course of Cert. IV. I only have a diploma. No cert 1, 2, 3 or 4. I got my visa using a diploma. I'm in a different profession though. The issue might be if your diploma is in management not actually cooking? Quote Link to comment Share on other sites More sharing options...
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