Guest pommie1987 Posted October 30, 2011 Share Posted October 30, 2011 ok here goes...i have been working for my current employer for 1 year and 5 months. 8 months of that has been on a RSMS 857 which is a permanent resident visa where i am obliged to work for my sponsoring employer for a period of 2 years from the date of my visa grant. The area i am working in is extremely remote, i am not even on mainland australia. I have a long term partner on mainland australia. The plan was for him to move to where i am but my employer refused to let him move into the property i rent from her and with no other available accommodation on the island (and even if there was my wage doesnt cover the rent prices), we have been forced to live apart for the past year and 5 months. I have finally hit a brick wall and i can no longer continue living in this situation. I think it is totally unreasonable for me to live apart from my now fiance...we want to start our life together, get married, start a family....but this is totally impossible with him living on mainland and me living on remote island community. what is meant to have been the happiest time of my live has been the most miserable and depressive and i want out. So i am handing in my resignation tomorrow. I have no idea what the future will hold....what are the chances of my visa being revoked? I am aware my case with go to headquarters in Canberra...does anybody know how long this process takes before i get a response on my visa status. Me and my partner also have a holiday booked at the beginning of next year....if i leave the country am i going to have difficulty getting back into austrailia if there is a decision pending on my visa status? Am i better off just cancelling the holiday of which i will get no refund but its not about the money its about my happiness. Argh im so stressed but there is no point me being so sad anymore, i need to take some action. Oh and i will be moving to another regional area, which is my partners home town, where we plan on eventually buying property so i will be a long term regional queenslander. Somebody please help Quote Link to comment Share on other sites More sharing options...
wrussell Posted October 30, 2011 Share Posted October 30, 2011 i am obliged to work for my sponsoring employer for a period of 2 years from the date of my visa grant. This condition is not imposed on an 857 visa. You might have an issue with your contractual obligation with your employer. Other that there is no problem telling her to stick it where it fits. Quote Link to comment Share on other sites More sharing options...
Guest pommie1987 Posted October 30, 2011 Share Posted October 30, 2011 Thanks for that wrussel...made me laugh with the telling her where to stick it bit....lol i understand the contractual issue part but she has also broken her contract with me regarding wages so it would be *** for tat really in my opinion. I am very nervous to hand it in, i might not make it out of the office alive but i have to do it, i cant do this anymore. Do you think it would be wise of me to ring immigration and let them know before she does? Thankyou Quote Link to comment Share on other sites More sharing options...
Guest tandcmum Posted October 30, 2011 Share Posted October 30, 2011 i would say that if you are bein treated badly by your employer with regards human rights re your finace and they have also broken the rules re.wages then you would have immigration on your side. You have also given it a good shot with your employer, it's not as i you have got the visa and left after a week. I believe on the RSMS visa the employer has to provid you with work for a 2 yr period but you do not have to stay for that length of time but you do have to stay in a regional area which you are going to be doing you could give immigration call, but i think you will be fine Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted October 30, 2011 Share Posted October 30, 2011 Thanks for that wrussel...made me laugh with the telling her where to stick it bit....lol i understand the contractual issue part but she has also broken her contract with me regarding wages so it would be *** for tat really in my opinion. I am very nervous to hand it in, i might not make it out of the office alive but i have to do it, i cant do this anymore. Do you think it would be wise of me to ring immigration and let them know before she does? Thankyou Maybe ring Westly to give you some comfort? Good luck! Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 1, 2011 Share Posted November 1, 2011 I am worse than immi at answering the phone. For the most part I let the answering service do it and then delete the messages. Quote Link to comment Share on other sites More sharing options...
Guest Posted November 1, 2011 Share Posted November 1, 2011 what about if u get citizenship and then leave the employer...? Quote Link to comment Share on other sites More sharing options...
rammygirl Posted November 1, 2011 Share Posted November 1, 2011 I am worse than immi at answering the phone. For the most part I let the answering service do it and then delete the messages. You do make me smile. I see your avatar as a hedgehog in my head...........prickly, but good to have around to eat the slugs! :biggrin: Quote Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted November 1, 2011 Share Posted November 1, 2011 what about if u get citizenship and then leave the employer...? if you qualify for citizenship then you would no longer be on a visa, but you have to be here 4 years to apply for citizenship and have spent at least 12 months on a PR visa. I think that's how it works. before you can be considered for citizenship. Quote Link to comment Share on other sites More sharing options...
p182 Posted November 1, 2011 Share Posted November 1, 2011 This condition is not imposed on an 857 visa. You might have an issue with your contractual obligation with your employer. Other that there is no problem telling her to stick it where it fits. The Department offer different advice on their website so make sure you get some good advice. See here: http://www.immi.gov.au/skilled/skilled-workers/rsms/obligations.htm Regional Sponsored Migration Scheme (Subclass 119/857) Obligations Employer obligations The employer must make sure that all relevant workplace laws and award conditions are met. The employer must provide the employee with a letter of offer or employment contract which states that the employee will be employed: full-time for a minimum of 2 years in a regional area. 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. Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 1, 2011 Share Posted November 1, 2011 The Department offer different advice on their website so make sure you get some good advice. See here: http://www.immi.gov.au/skilled/skilled-workers/rsms/obligations.htm Regional Sponsored Migration Scheme (Subclass 119/857) Obligations Employer obligations The employer must make sure that all relevant workplace laws and award conditions are met. The employer must provide the employee with a letter of offer or employment contract which states that the employee will be employed: full-time for a minimum of 2 years in a regional area. 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. Do not rely on information published on the DIAC website. Quote Link to comment Share on other sites More sharing options...
Guest Posted November 3, 2011 Share Posted November 3, 2011 i do qualify but heard that immigration fine ( no idea how much amount) if job left before 2 years...but can they cancel citizenship?? Quote Link to comment Share on other sites More sharing options...
Guest Posted November 3, 2011 Share Posted November 3, 2011 i do qualify for citizenship but not sure can i leave employer or not as i heard that immigration fine the person ( not sure about amount) for breaking the contract... Quote Link to comment Share on other sites More sharing options...
Guest Posted November 3, 2011 Share Posted November 3, 2011 if you qualify for citizenship then you would no longer be on a visa, but you have to be here 4 years to apply for citizenship and have spent at least 12 months on a PR visa. I think that's how it works. before you can be considered for citizenship. i do qualify but not sure leaving the emplyer before time..as i heard immigration fine ( not sure the amount) for breaking the contract... Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 3, 2011 Share Posted November 3, 2011 i do qualify but heard that immigration fine ( no idea how much amount) if job left before 2 years...but can they cancel citizenship?? No executive branch of the (federal) government may exercise a judicial function. Imposing a fine is a judicial function. The DIAC is a executive branch ... You should be able to work it out from there. How may cases have you heard about where Australian citizenship was cancelled? Quote Link to comment Share on other sites More sharing options...
Guest Posted November 4, 2011 Share Posted November 4, 2011 No executive branch of the (federal) government may exercise a judicial function. Imposing a fine is a judicial function. The DIAC is a executive branch ... You should be able to work it out from there. How may cases have you heard about where Australian citizenship was cancelled? have't heard any case of cancelation but someone on this website has written about imposing fine..... Quote Link to comment Share on other sites More sharing options...
melbournegirlinny Posted November 4, 2011 Share Posted November 4, 2011 Listen to Westly. He is correct. There are lots of things written on forums that are wrong. I'm sure no migration agent or lawyer wrote that since it is wrong. Quote Link to comment Share on other sites More sharing options...
George Lombard Posted November 4, 2011 Share Posted November 4, 2011 Listen to Westly. He is correct. There are lots of things written on forums that are wrong. I'm sure no migration agent or lawyer wrote that since it is wrong. Actually I was just going to take Westly to task about citizenship cancellation, or "revocation" as it's called under s.34 of the Australian Citizenship Act, I don't think those provisions are inactive. He's quite correct though that there's no likelihood of a fine (or even an administrative penalty) for leaving an RSMS employer prematurely. The major issue with RSMS cancellations is compliance with the PAMS governing s.137Q and what constitutes a "genuine effort". Regards, George Lombard Quote Link to comment Share on other sites More sharing options...
melbournegirlinny Posted November 4, 2011 Share Posted November 4, 2011 Yes, agree on all that :-) Quote Link to comment Share on other sites More sharing options...
Guest Posted November 4, 2011 Share Posted November 4, 2011 Actually I was just going to take Westly to task about citizenship cancellation, or "revocation" as it's called under s.34 of the Australian Citizenship Act, I don't think those provisions are inactive. He's quite correct though that there's no likelihood of a fine (or even an administrative penalty) for leaving an RSMS employer prematurely. The major issue with RSMS cancellations is compliance with the PAMS governing s.137Q and what constitutes a "genuine effort". Regards, George Lombard i called immigration about cancellation of citizenship on 4/11/11...lady explained that citizenship can not be cancelled in any case , unless someone is involved in terrorism activities or fighting against Australia from enemy side...she also explained once citizenship is granted our PR staus is void..we r no more on visa..so in that case ,i reckon if we leave employer on 857 (after citizenship) ..no fine and no more visa cancellation. Quote Link to comment Share on other sites More sharing options...
Guest pommie1987 Posted November 5, 2011 Share Posted November 5, 2011 i do not qualify for citizenship yet. I have not been in australia for the adequate amount of years. Resigning went a lot better than expected. I told immigration myself that i had resigned, although i dont offically leave untill december....but they could not help me with regards as to what happens next regarding my visa status.... All i know is i now have to put my reasons in writing and then i guess it goes from there.... Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 14, 2011 Share Posted November 14, 2011 Actually I was just going to take Westly to task about citizenship cancellation, or "revocation" as it's called under s.34 of the Australian Citizenship Act, I don't think those provisions are inactive. He's quite correct though that there's no likelihood of a fine (or even an administrative penalty) for leaving an RSMS employer prematurely. The major issue with RSMS cancellations is compliance with the PAMS governing s.137Q and what constitutes a "genuine effort". Regards, George Lombard How many cases can you cite where Australian citizenship has been revoked? Quote Link to comment Share on other sites More sharing options...
George Lombard Posted November 14, 2011 Share Posted November 14, 2011 Westly I don't know whether the provision is ever invoked (although that would in itself seem strange) but I would hate it if one of my clients was the first. Cheers, George Lombard Quote Link to comment Share on other sites More sharing options...
wrussell Posted November 15, 2011 Share Posted November 15, 2011 Westly I don't know whether the provision is ever invoked (although that would in itself seem strange) but I would hate it if one of my clients was the first. Cheers, George Lombard Dear George Thank you for your reply. I know of many cases where citizenship has been refused, but none in recent years where it has been revoked. I looked into this matter some years ago after the Department of Immigration, Local Government and Ethnic Affairs illegally cancelled my wife's PR visa and then jettisoned the file to cover up the crime. I wanted to be confident that they could not do the same to her citizenship. Up until the 'Murdoch Amendments' an Australian citizen could lose citizenship by taking citizenship of another country, or serving in the armed forces of a country at war with Australia. Up until some time in 1997 (from memory) once a person was granted citizenship he or she was beyond the reach of the immigration department. As I read it, the only way to have citizenship revoked (apart from assassinating the monarch or fighting for the enemy) is to have obtained (one ore more?) of the resident visas on which it depended by fraudulent means. If someone assumed a false identity to obtain a visa one might expect that would be enough to have citizenship revoked. It would be interesting to find out what it would take for a discrepancy in a visa application to result in revocation of citizenship. My feeling is that a discrepancy that would have resulted in a visa refusal/cancellation if discovered might not n necessarily be enough to result in revocation of citizenship. Quote Link to comment Share on other sites More sharing options...
Guest LemonB Posted December 26, 2011 Share Posted December 26, 2011 Hi pommie1987, great to see your posts as I am in the same situation. Resigned and informed DIAC by email, now awaiting a response. I am interested if you have had a response from DIAC ? Thanks Quote Link to comment Share on other sites More sharing options...
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