Looking forward to Oz

Hi all,

im currently on a regional sponsored visa which i understand restricts me to be in the regional area for two years.

Ive been in the region for nearly 9 months now but im finding my job really frustating as the company i am working for is small and doesnt deal with large clients (which i should have guessed before i came out here sponsored but i didnt think it would make my work so boring). It looks like i need a proper city (sydney, melbourne etc) to get the same kind of work as what im used to (and what i enjoy most).

Before i contact potential employers in cities does anyone know how easy it is to convert/obtain an open PR visa from a RSMS 119 regional sponsored visa?

My job is really depressing me and i cant wait to move to a city (even though it would mean leaving bf behind because he doesnt want to leave the regional area).

thanks.

HASAN

As I know there is no way within two years...........

Looking forward to Oz

i thought i remembered seeing something on diac website that said if you demonstrate to them that you made a good attempt/gave it a go then diac may be able to release you...or something along those lines. ive had another look on diac website but i cant seem to find any info about demonstrating you tried but it wont work.

with my question i was wondering whether anyone has managed to sucessfully demonstrate that they are unable/dont want to remain in the regional area....?

perhaps i was just wishful thinking at the time of applying...or whether they have altered the rules?!

Looking forward to Oz

Ah, just found this...

"The Act also provides powers to cancel an RSMS visa if the
employee left the position within 2 years of commencement of employment. It is not
intended to cancel a visa where the employee had made a genuine effort to complete the
2-year contract with the employer."

source: http://www.immi.gov.au/allforms/booklets/1131.pdf

does the above mean that you may be able to change employer but you still have to remain in the same region?

its all sooo confusing!

JAJ

Why is it confusing? It means what it says.

wookiee06

If I were u, i would wait until you have work in your role for one year, as you would of complete one part of the regional requirements. Of working in a skilled area for one year. you are only 3 months off the target

Between now and then search and make contacts, i also read somewhere, you can transfer over visa status to another state. So if you found an employer in another rational area. It might count towards the two years period

You could have more power in your hands than 9 months. So folk would consider you tried your best, you completed one of the requirements.

Safin

I think you are talking about the 475 visa wookie not the 119.

Short of hoping DIAC will not revoke your visa (you could make contact and ask - though no idea what their response will be) or getting another sponsorship/visa I think you may be stuck. Has your employer any idea how you feel? Can anything be done to make it more bearable?

Sorry not waht you are hoping for I know

ponyrama

There are lots of different opinions on this subject. Technically you are obliged to remain with the employer that sponsored you and in the same regional area (thats not state but the actual RCB area that approved your position) for two years.

The migration regulations make provision for cancellation of the visa if you do not complete the two years and the 'minister' (i think) is not satisfied that you made a genuine effort to do so.

The grey area of 'genuine effort' is a minefield. DIAC do not routinely follow up on RSMS visas and so the only way DIAC would know would be if you employer told them you left.

If you left because of 'employer issues' i.e. redundancy, change to job description that meant you couldnt do the job etc etc, DIAC is unlikely to cancel. If you got sacked - maybe they will cancel.

If you are offered a better deal in the same regional area, you must give your current employer chance to match or better the offer. If they cant - DIAC will ordinarily allow you to change employer. The key to this is remaining in an area relevant to the visa subclass you are in (so no Sydney, Melbourne or Brisbane for you I'm afraid).

The info above I gleened from another forum from agents who post there (I think Alan Collett was one) - so its just my interpretation of what they had to say.

Also, i know of several people who have contact DIAC about this issue (myself included) and have been told categorically 'you have a permanent visa - there are no conditions attached to your visa that oblige you to remain with a specific employer'. Not yet met anyone brave enough to test this. The thread on the 'other forum' talks about the difference between legislation and policy intent - most of the RSMS obligations are policy intent but not covered in the actual legislation.

Sorry for the ramble - hopefully Alan or one of the others will be along and put their two pence (cents) worth in!

JAJ

The obligation to make a genuine effort to stay with your employer for 2 years (and start the job within 6 months of becoming a permanent resident) is in the legislation.

However, the ultimate authority on interpretation of the legislation lies with the courts, not DIAC.

ponyrama

Yes I am aware of that - and therein lies the minefield. Interpretation of 'genuine effort' could well be different in every case.

JAJ

The normal expectation is that you will complete the 2 years (which is what you have committed to do), unless you have a good reason not to. Such as redundancy.

JAJ

Look at it from your employer's point of view. They went through the effort to sponsor you and help you get a permanent visa for Australia.

Is it too much to ask for you to spend 2 years with them? (which is what you promised to do).

Why not try to see out your obligation, if you still feel the same way after the 2 years is up, you can then think about moving on.

If an employer was looking at an application from you now, after only 9 months with an existing employer (who has clearly made a lot of effort for you) they would be entitled to ask themselves would you be a good fit for their organisation.

ponyrama

Yes! But there are lots of other good reasons besides redundancy that could be valid and also show 'genuine effort'.

I cant find anyone that knows of an RSMS visa cancelled due to a decision about 'genuine effort' nor one that has subsequently been challenged because of such as decision. I can assure I am not planning on being the first.

nigelb

Hi,
Interested to know if you found out any further information on this as I am in the same position only differnece is I arrived on 457 converted to RSMS within 7 months, in feb I will have been working for the employer for 2 years however 7 months of the 2 years was on 457 whilst awaiting decision on RSMS I really need to move now, my daughter is being bullied its a small town my husband cant find work help needed!!!

ponyrama

The advice I was given was - Write to the processing centre that granted your visa - and explain your circumstances - they will advise you.

Do you still have your CO contact? If not write to general e-mail address of the centre that processes 119's for Alice. Outline your cirumstances and see what they say. Good Luck.