jimtrish

hi, got the job offer in townsville and asked for the RSMS visa as felt this was better for me and the family, also will be newly qualified as an RGN from april 8th as I will have finished my conversion then.
The employer emailed today and adviced that the visa they are applying for is the above, and I know nothing about it, only that there are no certainties of getting PR once there and you have to leave the country whilst its granted. I have asked them to reconsider for the rsms, but maybe the cost is better for them to go with temp visa.
Are there restrictions on the working for them, as in with the rsms? would this still be ok for the family to be included and for the husband to work whilst there?
Im in a real tizz as I really thought they would go for the rsms option and I know nothing about the temp visa (4year).
will I still get one with being newly qualified in the eyes of DIMIA?

please help!

thankyou

Trish :scared:

Alan Collett

Hmmm ... did you know that if you leave the employer who has nominated you for a RSMS visa within two years of visa grant your visa can be cancelled => is the 457 visa that bad an option?

Maybe you should apply for a permanent skilled independent visa while you are in Australia on a 457 (assuming this is a pathway that is available)?

From an employer's perspective the 457 visa is likely to be preferable as it is indeed a cheaper option than an RSMS visa (assuming they would be picking up the cost of a RSMS visa application), but do they need you as much as you need them? If so, there may be a basis for discussing their decision to only offer the 457 (ie you might offer to pay the cost of the visa application charge).

As a general observation I sense that some (many?) employers in regional areas of Australia are not fully up to speed with the RSMS visa, and stick with what they know (the 457 visa) rather than the permanent visa option (which might enable them to attract more people).

Happy to give input to you or your prospective employer if required ...

Best regards.

JAJ

Alan
While that is true, a big difference between the RSMS and a 457 is that if the employee is laid off then he doesn't have to leave Australia.

Also, the employee does not have to worry about the employer reneging on a promise to sponsor for a permanent visa later on (which happens all the time, unfortunately).

Plus - in all other respects an RSMS visa offers permanent residency rights to the individual (time counts for Australian citizenship, no FIRB restrictions, no overseas uni fees etc).

Considering there is the guarantee that an employee can't abuse the system by leaving immediately without making a genuine effort to fulfil two years, I cannot see why any responsible employer would prefer to have its overseas staff on 457 visas if there's eligibility for RSMS.

Jeremy

Alan Collett

Agreed - I meant to convey the fact that the RSMS cancellation provisions usually apply if the visaholder leaves the nominating employer of his or her own volition ... thanks for clarifying the point Jeremy.

Best regards.

jimtrish

getting lots of advice, but is it really as straight forward as im being told, to apply for PR once im in australia? how long do you have to leave oz to validate once its approved (if)? can this visa be extended?
dont know why but feel very nervous all of a sudden!

JAJ

There is no automatic route to a PR visa from a 457 visa.

Employer has got to sponsor and meet DIMIA requirements. Once the employer has the person in Australia, working on a temporary visa, often the idea of sponsoring for PR drops off the employer's priority list.

You can apply for employer nominated PR onshore - but you need the sponsorship for PR to succeed. A 457 visa can be extended, but that only delays your return home if you don't get PR.

I think it's reasonable for anyone who's going to uproot themselves for an job in Australia to ask the employer to sponsor for PR. If the employer won't sponsor - first question has got to be 'why not'.

On top of that there are health issues at PR visa stage. Some 457 holders have discovered they are ineligible at PR application time for this reason => one way ticket home in due course.


Jeremy

jimtrish

Thanks Jeremy,
If they wont sponsor me PR then I think the sensible option is to not go for that job, its not worth the risk.
Besides which, not even sure if I would be eligible for the 457 as, although im enrolled nurse now, I will finish my nursing course and be RN as from april 8th.
Cant understand why an employer would choose the temp over the PR, I am awaiting to hear from them and have offered to pay for my visa etc.
Its a shame, as its a job I would have loved.
What do you mean by health issues? dont they check all this prior to the temp visa?
cheers

Trish

JAJ

The most generous possibility is that they just don't understand the system, especially the RSMS visa.

Some employers do prefer to have their employees tied to them. Although as noted, this does exist with the RSMS visa but only for 2 years.


Health requirements for a temporary visa are not the same as for a permanent visa. Also remember the time lag - there have also been cases where people have developed health problems when in Australia on a 457 and as a result were not able to qualify for PR.

The question of what visa you're eligible for is something you should look at with a professional. Rules for the 457 are less strict for regional Australia.

The 457 is not a bad idea for everyone - especially as a stopgap if you are waiting to be eligible for PR and there is no other visa solution - but it's important to go into it with eyes wide open.

Jeremy

jimtrish

thankyou jeremy,

thats certainly more clear now. so *if* i did go for the visa on offer, would I be able to apply for rsms once in oz? or would it have to be another type of PR visa. If they were willing to sponsor me would I be eligible for the skilled independent pr visa?also, can a pr visa be applied for at same time as the 457? or can it be done once on oz soil.

thanks for your advice

Trish

JAJ

Yes - but you need employer sponsorship. If employer is not willing to sponsor you for RSMS before you leave, why do you think they be willing to do so when you are there on a 457?



You can apply for skilled independent if you meet the requirements. Have you read the Skilled Migration Booklet?



If you meet the requirements .....


Look I think you need to take a deep breath and start re-reading the information you've been given from scratch - as you now sound very confused about what you should do.

If this employer you've spotted in Townsville says clearly that they will not sponsor for RSMS maybe you should start looking for another employer who will.

Jeremy

jimtrish

jeremy, have read and re-read the booklets. will definately suss the situation out with the employer though.
even though i would be newly qualified would i be eligible just on what ive told you, im just worried about being newly qualified, ive heard that they take into account the amount of time ive been a nurse, even enrolled.

cheers

trish

lauralollipop

trish

I dont know if this is right, but i am sure alan or jaj will correct me if i am wrong, but hopefully we will be going to aus on 4 year temp visa, provided by the employer (that is if he gets the job on friday) We were orignally about to start our PR application and this is totally out of the blue......

but our plan is to go out there on temp 4 year, and after 6 months of being there start our PR application as skilled independant as we were doing already.......

why dont you just do that?

laura
x

harveyhare

We are doing the same. I don't meet the recent experience for Skilled independent by two weeks! as i recently left work for personal reasons.
We plan to apply for PR once we have settled in Oz, yes its a gamble but we have no other options.

Di

Sharpy67

One reason why a lot of 457 visa holders DON't apply for the skilled visa route (myself included) once they are in OZ, is because the 120 point increase last April curtailed it for most of those over 35!!!

I was lucky. I got the company to sponser me for the ENS visa. And that was only after I'd pleaded & argued my case as to why I did not want to be stuck on the crappy 457 visa and that I would pay for it.

jimtrish

thanks laura, i will try to get them to agree to rsms, if not need more info.
do they have to sponsor you for skilled independent as on shore application? and does anyone know for definate if you have to leave the country for on shore applications to validate the visa?
once there, where do you go to get this info and start the process? i will be in queensland.

cheers honey

Trish