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Guest cowboy

employer breach the conditions of contract paper on rsms 857 visa.

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Guest cowboy

Dear Experts,

What are the consiquence if a employer breach all the conditions of agreement paper in rsms visa..for example no super, no penalty rates, no award wages, no fulltime work.

will the employee visa b cancelled if he leaves the position..

What if DIAC finds the employee later that he left the position ..will the above reason be sufficient to prove that the employee have done best..

or does the employee needs to notify diac that the he have left the position..

can some one give me a proper advice ..what an employee should do in this circumstances..

 

Thanks in advance..

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If it were me, I would keep DIAC informed, just to show I tried to do the right thing. If your employer is in breach of contract, then I think DIAC would be sympathetic to your case.

 

Funny there are always seems to be these problems on the RSMS visa.

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Guest Unha99Y

If they are not paying super they are breaking the law, you should also inform the ATO and they will take action and recover your super

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Guest cowboy

i just want to leave but will it be safe to resign and go in another regional area?

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Hi

 

I dont know if this helps it was sent to me by someone in an email. it is a recent response from immigration regarding leaving an 857 when the employer is paying below the normal rates for the occupation.

 

"...If an 857 visa holder does not complete 2 years employment with the sponsor we can consider cancellation of the visa. The main considerations are the effort the visa holder has made to remain employed, that the employment has been for at least one year and that future employment is obtained in a regional area.

 

seeking fair remuneration for your occupation with your employer is considered as being a genuine effort to remain employed. One of the criteria that should be applied when an employer is approved for the regional scheme is that the salary they are offering is reflective of the award with regional variations. If your company will not pay you a fair wage for your occupation and skills and another regional employer will then it is unlikely that your visa would be cancelled as long as you have given your current employer a reasonable chance to match the salary..."

 

I should imagine if you can leave because they arent matching the correct pay, then you could certainly leave if they are not fulfilling their part of the contract. I would go see a lawyer if possible, even if it is for $50 half hour advice!! I would also keep a diary or put the points in order and forward it to the immigration. I cant see how it would be fair or reasonable for them to expect you to stay in those circumstances.

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Guest cowboy

Thanks mate,

At least there is a hope and the power is not just centralised in the employers hand.

its really good to see the response given by the immigration department ..i hope not only mine but all the rsms employee those who have been suffered by thier employer and had the fear that their visa will b cancelled if we all leave the position before two years ..(no matter what are the conditions ) have been solved .

I wil try to take a legal advice too and soon find another job in a regional area ..but im planning to be here till the end of financlial year..so that i would hv sufficient evidence when i clam the tax from tax office.

 

 

Thanks mate..

best of luck for your future..i hope u hv solved ur case also and at least someone find the courage in this PIO and took at step to ask immigration..instead of giving the advice using ..well i thnik..fingure crossed...success is never guranted..in my openion..bla bla bla..

 

cheers mate:hug:

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Guest cowboy

hey mate ,

how did u go..did u got any responce about ur case frm diac?

 

cheers mate.

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Will be handing my notice in Monday and sending the info on Monday! Will defo keep you posted!!! Just waiting for my offer letter, got a job through an agency start at the beginning of August! Having a holiday in Malaysia first!! Very very disappointed with the company I was with after 3 years they still wouldn't pay the correct rates and with Perth becoming more and more unaffordable to live it just couldn't go on!!!

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Guest cowboy

hi mate..any news from immigration department?

thanks

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Hey

 

I emailed immi and sent my new job offer etc, and I was emailed back saying they would only ask for these if immi decided to investigate and that there were no conditions attached to my visa. I think if the employer had complained it might have been a different story as they would then have to investigate, but if you have enough evidence to back up your claim then it's not in their best interest to take away your visa. it doesnt promote the visa class much otherwise and people wont go to rural areas. I think anther factor was that the job I got (although in the Perth and not regional) wasnt really far from the regional area I was in, if I had got a job in the City after working in Karratha (top of WA and very remote) then they probably would have had more of an issue or required some evidence/interview. I think it can depend who you get at immi sometimes!! If I were you and you do leave I would just send them an email saying Ive left my employment and then just wait and see if you hear anything.

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Guest Alice Y

I am having similar problems about my RSMS.

 

Here is the reply from DIAC.

 

 

 

Thank you for your email regarding employee obligations under the Regional Sponsored Migration Scheme (RSMS). Please consider the following information.

 

 

Your Obligations

 

Under RSMS you 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.

 

 

Permanent residents in Australia have no condition on their visa that compels them to work for a particular employer. *Therefore, there is no impediment to them commencing work with another employer other than their nominating employer.

 

However, as a two-year contract was a prerequisite for the grant of your RSMS visa, if you cease work within two years of the grant of your visa it will mean that the department will need to consider whether or not to cancel your visa, and an assessment will need to be made about whether you have made a genuine effort to complete the two-year contract. *As part of this assessment, consideration will be given to factors such as the reasons why you have ceased employment and events outside your control. *If a determination is made that you did not make a genuine effort, the department will contact you and advise that consideration is being given to the cancellation of your visa. *You would then have the opportunity to advise the department why your visa should not be cancelled.

 

The department cannot pre-assess whether your visa could be cancelled and the assessment of the factors as mentioned above can only be made after the event. *If you cease employment with your employer within the 2 year obligation you must notify this department. *This can be done by completing the questionnaire attached at the end of this email and sending it to us using one of the delivery methods listed below.

 

Communicating with this department

 

In writing:

Permanent Sponsored Entry Unit

RSMS Cancellation Unit

Department of Immigration and Citizenship

GPO Box 241

Melbourne VIC 3001

 

By email: vic.pse@immi.gov.au

By phone: 131 881

 

 

More Information - *regarding your rights as a worker in Australia.

 

Unions Australia - for enquiries about conditions of service for specific occupations: *http://www.unionsaustralia.com.au or 1300 486 466.

 

Fair Work Australia*- for enquiries about payment of wages or treatment within the workplace: *http://www.fairwork.gov.au or 13 13 94.

 

Office of the MARA*– for enquries about a migration agent or to provide feedback regarding the services of a migration agent: *http://www.mara.gov.au or 1300 22 62 72

 

For information in languages other than English phone the Translation and Interpreting Service on 131 450.

 

 

Kind regards,

 

Permanent Employer Sponsored Entry

Department of Immigration and Citizenship

GPO Box 241

Melbourne VIC 3001

Ph: 131 881

 

(See attached file: RSMS Questionnaire.pdf)

 

 

 

--------------------------------------------------------------------

Important Notice: If you have received this email by mistake, please advise

the sender and delete the message and attachments immediately. This email,

including attachments, may contain confidential, sensitive, legally privileged

and/or copyright information. Any review, retransmission, dissemination

or other use of this information by persons or entities other than the

intended recipient is prohibited. DIAC respects your privacy and has

obligations under the Privacy Act 1988. The official departmental privacy

policy can be viewed on the department's website at http://www.immi.gov.au. See:

http://www.immi.gov.au/functional/privacy.htm

 

 

---------------------------------------------------------------------

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Hi Alice,

Could you forward me the RSMS questionnaire, please?

 

Ta

 

 

I am having similar problems about my RSMS.

 

Here is the reply from DIAC.

 

 

 

Thank you for your email regarding employee obligations under the Regional Sponsored Migration Scheme (RSMS). Please consider the following information.

 

 

Your Obligations

 

Under RSMS you 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.

 

 

Permanent residents in Australia have no condition on their visa that compels them to work for a particular employer. *Therefore, there is no impediment to them commencing work with another employer other than their nominating employer.

 

However, as a two-year contract was a prerequisite for the grant of your RSMS visa, if you cease work within two years of the grant of your visa it will mean that the department will need to consider whether or not to cancel your visa, and an assessment will need to be made about whether you have made a genuine effort to complete the two-year contract. *As part of this assessment, consideration will be given to factors such as the reasons why you have ceased employment and events outside your control. *If a determination is made that you did not make a genuine effort, the department will contact you and advise that consideration is being given to the cancellation of your visa. *You would then have the opportunity to advise the department why your visa should not be cancelled.

 

The department cannot pre-assess whether your visa could be cancelled and the assessment of the factors as mentioned above can only be made after the event. *If you cease employment with your employer within the 2 year obligation you must notify this department. *This can be done by completing the questionnaire attached at the end of this email and sending it to us using one of the delivery methods listed below.

 

Communicating with this department

 

In writing:

Permanent Sponsored Entry Unit

RSMS Cancellation Unit

Department of Immigration and Citizenship

GPO Box 241

Melbourne VIC 3001

 

By email: vic.pse@immi.gov.au

By phone: 131 881

 

 

More Information - *regarding your rights as a worker in Australia.

 

Unions Australia - for enquiries about conditions of service for specific occupations: *www.unionsaustralia.com.au or 1300 486 466.

 

Fair Work Australia*- for enquiries about payment of wages or treatment within the workplace: *www.fairwork.gov.au or 13 13 94.

 

Office of the MARA*– for enquries about a migration agent or to provide feedback regarding the services of a migration agent: *www.mara.gov.au or 1300 22 62 72

 

For information in languages other than English phone the Translation and Interpreting Service on 131 450.

 

 

Kind regards,

 

Permanent Employer Sponsored Entry

Department of Immigration and Citizenship

GPO Box 241

Melbourne VIC 3001

Ph: 131 881

 

(See attached file: RSMS Questionnaire.pdf)

 

 

 

--------------------------------------------------------------------

Important Notice: If you have received this email by mistake, please advise

the sender and delete the message and attachments immediately. This email,

including attachments, may contain confidential, sensitive, legally privileged

and/or copyright information. Any review, retransmission, dissemination

or other use of this information by persons or entities other than the

intended recipient is prohibited. DIAC respects your privacy and has

obligations under the Privacy Act 1988. The official departmental privacy

policy can be viewed on the department's website at www.immi.gov.au. See:

http://www.immi.gov.au/functional/privacy.htm

 

 

---------------------------------------------------------------------

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Christy, this is an old thread and the last poster has not posted since 2011, they also would not be able to PM you anyway as a new member. Can I suggest you start your own thread and explain what help you are looking for and I am sure someone will be along.

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