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Guest wearytraveller

RSMS 857 visa issues

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Guest wearytraveller

Dear all,

 

I was on a student visa 573 (just done with my masters). I was employed just after I had finished my Masters. My employer and me had decided to go for RSMS 857 visa option. It is a small business firm and he has obtained regional certification which will enable him to nominate me for RSMS. The real problem now is "who pays the visa fee". Both of us know pretty well that this position is hard to be filled and he doesn't want to let me go. Still he is reluctant to pay the visa fees. I am quite not ready to pay the money as I am not sure whether I will get the visa or not. Is there a hard and fast rule regarding who has to pay for the visa fees and the lawyer fees.

 

My second question is "if the employer decides to fire me after an year (RSMS visa rules -commitment to the sponsoring employer for 2 years)- whether my visa will be canceleld?" Because I have made a genuine effort to continue in the job, but he has not let me do so..

 

Please help me out.. thank you

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2 answers....

It would be more considerate if your employee paid for the visa, but no one seems fussed who pays ... we paid for our 856...no one can guarantee u a visa these days you just have betta odds lol..... just make sure that if they do pay they dont put in the contract that you will reimberse them of any costs or at least come to some agreement to protect yourself.....

If things dont work out for u and ur employer say in a years time and its best that you leave etc it is unlikely your visa will be revoked unless you came under false pretences or became a master criminal... think they call them bikies here lol... the only hassle u will have is to find another job to carrying on living the life you have become accustomed to.


Starting life as an proper Aussie............. 457 to citizen ....5 years

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Guest wearytraveller
2 answers....

It would be more considerate if your employee paid for the visa, but no one seems fussed who pays ... we paid for our 856...no one can guarantee u a visa these days you just have betta odds lol..... just make sure that if they do pay they dont put in the contract that you will reimberse them of any costs or at least come to some agreement to protect yourself.....

If things dont work out for u and ur employer say in a years time and its best that you leave etc it is unlikely your visa will be revoked unless you came under false pretences or became a master criminal... think they call them bikies here lol... the only hassle u will have is to find another job to carrying on living the life you have become accustomed to.

 

 

Thank you so much for your reply.

We(me and boss) have agreed to split the costs (I am returning the money in parts to my boss from my salary). The employer has submitted his nomination for approval two weeks back. No reply yet from DIAC. My visa is about to expire on the 15th of March. I am a bit anxious about the fact that only 20 more days are there. My boss tells me he will pay in the first week of March. The attorney feels that we have time till the 10th of March.

 

One quick question. I have a OHSC- student health cover. My friend told me that I will be eligible for medicare cover once I am in bridging visa (as RSMS entitles medical cover). I am not quite sure though. SHould I get a private health cover for the bridging visa period.

 

thank you in advance.

 

regards,

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Hi,

i have applied rsms bw857 onshore in Victoria on 8th march 2012. But still I haven't got any reply from immi .. Department. As I have been told that I will be answered with in 5-7 months and it's already 5 now. But yesterday someone made me crazy by saying that you still on student visa and there is very less chances that you will get a positive result. As my student visa will be finish in march next year I m very confused with all this. Could any one help me to sought out this...

Thanks

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Why would they think that? As long as all is right with the application that is rubbish.


Has two beautiful Aussie little girls :-)

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Thanks for your reply. But one thing more that now it is already more than 5 months do I need to give a call to immi.. Depart and ask them about my processing status or not. As now I m just working in my restaurant for 15-20 hours per week, my owner and me we generally talk about my visa bcos it is very hard for him to find some one work like me with him. Thanks

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I can't imagin it would speed things up. You didn't use an agent I assume? In which case five months it still within the time frame they have advertised for a ling time. I would start questioning at 8 months if you didn't have a decission ready application (which you must have used an agent for).


Has two beautiful Aussie little girls :-)

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Thanks for reply. I do have agent for this and he did everything for me. But as per you said that it is still in the time frame so Ill wait and hope that everything will be alright. But I have one more question. That my student visa last for march 2013 but my course will finished in October. If until that I wouldn't get any reply on my file then can I ceased my student visa and come on bridging so that I can work full time in my restaurant. Thanks

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You can't cease your student visa to go onto the bridging visa, but once your course has officially finished you are not in course time and so can work full time (the same as in holidays). It has to be the official course finish time, not just that you have finished all your course work early etc.


Has two beautiful Aussie little girls :-)

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Thanks for reply. I hope everything will be good.... One more thing , as my owner have 5 restaurant all together . I want to ask you that is it compulsory that i have to work in the same restaurant from which i got sponsored or he can put me to work anywhere . Thanks

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I have no idea on that one I'm affraid. I know for my job it was in the job description that I would do some work off site. Probably best asking an agent that one.


Has two beautiful Aussie little girls :-)

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Hi.One of my colleague. She got refusal for rsms because she had student visa . So I am afraid I will get the same decision . Because I am on student visa as well . I came to know about this bcos we have same employer and he is making these stories ... I'm not sure what will happen with me bcos I have same condition....

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Why on earth would they be refused because they are on a student visa? There is nothing to say you can't apply while on a student visa. There must be other reasons for the refusal.


Has two beautiful Aussie little girls :-)

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Thanks for reply one thing more now I have already finished my study and already got completion letter but as you know my student visa is going to finished on march 2013 , could I able to work full time now or I need to inform immi regarding this to change my status or is there any need to submit my certificate to them. And one of my friend she applied on 29 June onshore rsms but her visa in going to finished on mar 2014. Does she have any problem as she is worrying bcos of that girls refusal.

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As your course has finished you can work full time until your visa runs out. You don't need to do anything.

It is hard to comment on your friend without knowing the full facts as to why the first one was turned down. Had the first one actually finished their course? That is the only thing I can think of, that they were not yet qualified.


Has two beautiful Aussie little girls :-)

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Thanks for reply. I'll get back to you when i get my visa. Thanks blossom.

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Hi blossom merry Xmas. How r ya? I hope im not disturbing you. I came to know the reason that why that girl got refused. I saw her rejection letter and it was written that she got refused bcos of clause 857.212 which means that we can't apply rsms while student visa is continue.. Then that girl email to her case officer and her officer said that very less lawyer know about this clause... I'm very worry about my case now bcos I'm on the same ship to... So please reply regarding this. Thanks

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Blossom please reply bcos immi already update 8th march on rsms timeline and I have submit my file on that date. And one thing more i spoke to my owner regarding this and he said that he is going to nominate him self in the place of my lawyer. And before my file open he is going to request to immi so that they can make changes in my file( onshore to offshore) . I'm still confused don't know what to do and from whom to ask. Reply pls. Thanks

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Hi blossom merry Xmas. How r ya? I hope im not disturbing you. I came to know the reason that why that girl got refused. I saw her rejection letter and it was written that she got refused bcos of clause 857.212 which means that we can't apply rsms while student visa is continue.. Then that girl email to her case officer and her officer said that very less lawyer know about this clause... I'm very worry about my case now bcos I'm on the same ship to... So please reply regarding this. Thanks

 

If very few migration agents know about this clause, then it is doubtful that anyone on PIO will. I certianly am not aware of any reason why somebody cannot apply for the RSMS visa whilst on a student visa and Blossom has already said the same.

 

If you are really worried about this, then why not engage with a migration agent of your own choosing to find out the facts. Or you can just wait and see, presumably you cannot change anything anyway.

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Ok, we'll after a very quick google, that clause number appears to only apply to citizens of New Zealand. I'm camping in the middle of nowhere, with slow Internet, so couldn't find exactly what it stipulates, but it definatly appears to be for kiwis. Is this girl from New Zealand? If not, are you sure that is the correct number?


Has two beautiful Aussie little girls :-)

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Ok, we'll after a very quick google, that clause number appears to only apply to citizens of New Zealand. I'm camping in the middle of nowhere, with slow Internet, so couldn't find exactly what it stipulates, but it definatly appears to be for kiwis. Is this girl from New Zealand? If not, are you sure that is the correct number?

 

I also googled it, with a very good internet connection and found nothing relating to Australia immigration and this clause.

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I definatly found that clause, but only in a file talking about changes made to immigration policy in I think it was 2006?? But that clause was definatly under the New Zealand citizens section, I just couldn't see what the clause was. From the sounds of the changes it didn't sound like anything to do with student visas and pr.


Has two beautiful Aussie little girls :-)

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I found this after a quick google search - does it help?

 

New subclause 857.212(1) provides that, subject to new subclause 857.212(2) inserted by these Regulations, the applicant has to meet subclause 857.212(3), (5), (6) or (7) listed below.

Under new subclause 857.212(2), new subclause 857.212(1) does not apply to an applicant who does not hold a substantive visa if he or she would have satisfied the requirements of that subclause if the application had been made immediately before his or her substantive visa ceased.

New subclause 857.212(3) provides that the applicant meets the requirements of this subclause if he or she holds a qualifying visa. "Qualifying visa" is defined in new subclause 857.212(4).

New subclause 857.212(5) provides that the applicant meets the requirements of this new subclause if he or she:

* held one or more Group 2.6 (refugee and humanitarian (temporary entry)) entry permits under the Migration (1993) Regulations which permitted temporary residence in Australia for a total period of more than twelve months; and

* is taken to hold a transitional (temporary) visa under the Migration Reform (Transitional Provisions) Regulations on the basis that he or she had held a Group 2.6 (refugee and humanitarian (temporary entry)) entry permit under the Migration (1993) Regulations immediately before 1 September 1994.

New subclause 857.212(6) provides that the applicant satisfies the requirements of this subclause if.

* he or she is the holder of a Student (Temporary) (Class TU) visa granted in relation to an award course at associate diploma level or above completed by the applicant while he or she was the holder of that visa and, subject to new subclause 857.212(8) inserted by these Regulations, is not an assisted student; or

* he or she is :

- the holder of a Group 2.2 (student) entry permit granted under the Migration (1993) Regulations in relation to a formal course or category A course, which was completed by the applicant while he or she was the holder of that permit; and

- is not a category B student for the purposes of the Migration (1993) Regulations or, subject to new subclause 857.212(8), is not an "assisted student".

New subclause 857.212(7) provides that the applicant meets the requirements of this subclause if he or she is the holder of a Working Holiday (Temporary) (Class TZ) visa.

New subclause 857.212(8) provides that, for the purposes of subparagraphs 857.212(6)(a)(ii) and (b)(ii), "assisted student" does not include a person granted entry to Australia to study or train under the Subsidised Overseas Students Program.

 

 

​NWM

 

p.s. a lot more info is here: http://www.comlaw.gov.au/Details/F2005L03037/Explanatory%20Statement/Text

Edited by noworriesmate
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Ah yess. That is crystal clear now.

 

:laugh:

 

Somebody in Australian immigration department needs to go on one of those plain English courses me thinks.

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