LINZI

Hi

I just wondered if any one else has applied for this visa.(or who is on it)

Can anyone confirm that after the 2 years of being with the company (sponsor) can we work anywhere in Australia? And we dont have to apply for another visa? (when the 2yrs is up)

And one more question if anyone knows -We have been on a 457 visa since 28/03/06 is this taken into account for citizenship or not? (4yrs i mean) or does it just start from the date of visa granted? (if you understand what i mean )

Many Thanks.

Lindzi.

Alan Collett

The outcome of the RSMS visa process is a permanent residency visa - you are free to work for whoever you want as the holder of such a visa (or not work at all!).

The 2 years you mention pertains to the period within which a visa granted under the RSMS can (technically) be cancelled if the employment with the nominating employer ceases. Practically, I have never heard of anyone having their RSMS visa cancelled for ending an employment within that timeframe.

Best regards.

hopefuls

hi
we are trying for a RSMS and we we told we need to work for the company/person for 2 years then free to do as we please as a p/r ...

how long did it take you to get your visa??

we were also told areas we cant live in under this visa.. this again we believe is only for 2 years

LINZI

Hi Allan Collett

Thank you for replying.

Its just that we did not know we where applying for this type of visa (we thought we could work anywhere and that there was no restrictions well in the areas anyway!)
As my partner has been offered a placement down near Newcastle with the same company and as it is Regional the agent is saying we cannot as its only in Queensland he can work for 2 years so this is annoying as it is more money and is cheaper rent down there!


Lindzi

LINZI

Hi Hopefuls

Thanks for replying!

We applied on the 13th september and had a case officer on the 18 September. I will update when granted (cross fingers)

Good luck with your application.

Lindzi.

Alan Collett

1. You can live wherever you want. For the nomination of the employment position to be approved the employment though has to be a "regional area" (as defined for the purpose of the RSMS visa).

2. You should work for the nominating employer for a couple of years and (in my opinion) have a genuine intention to do so. If the employment doesn't work out within that 2 year timeframe I would not expect the Department of Immigration to seek to cancel your visa. As I say, I have never heard of this happening - either within our client base or amongst other migration agents when this issue has come up on seminars I have attended over the last few years.

Best regards.

Alan Collett

Hello again Lindzi.

I don't wholly understand what you are saying I'm afraid. Is it that your partner was nominated for an employment in one regional area which formed the basis of your RSMS visas, has now been offered a placement in another regional location, and you are being advised your partner cannot move locations?

If so, I'd double check this - and maybe have a dialogue with the DIAC Business Centre that assessed the nomination and visa applications. My hunch is that there won't be a problem, but have an exchange with your former DIAC case officer and get something in writing (email at the very least).

Best regards.

Alan Collett

Which DIAC Business Centre is that, Lindzi? Brisbane?

Best regards.

LINZI

Hi Allan Collett

Yes it is Brisbane,the Agent said there is 2-3 month wait.

Lindzi.

Alan Collett

Ah, OK - your visas aren't yet granted.

If you have a case officer already you may be through to visa grant in about the time you have noted, although if you are looking at a new nomination application (because of a changed place of employment) you can expect the processing time to lengthen.

Have you lodged the nomination and visa applications together, and have you arranged your medicals?

Best regards.

LINZI

Hi again

It looks like yes he was only nominated in the one area!
The Agent said we would have to pull this application (at cost to us again) and reapply all over again if we wanted to apply for a visa that would let us work any where in Australia but still have the company sponser us.

I am abit annoyed as we where looking forward to relocating when PR was granted. But yes it is only to work in Queensland!(well for the 2 years)

I think what i am trying to say is if we where to move down to Newcastle within the next 2 years we dont want them to cancel our visa.It looks like we will have to wait 2yrs and then move down there.

Lindzi.

LINZI

Hi

Yes everything has been lodged nothing to do but wait.

Lindzi.

KatieLilly

Hi, we are already in Queensland with a RSMS visa for 13 months now. Due to various circumstances (hubby's sponsored job is in the outback, I couldn't live there) we now live 400 km apart and find this very hard to cope with. I was surprised to read that the 2 years are not really enforced. I thought we had to finish the two years no matter what.

In this relation I have a question: My husband has been offered a few jobs where I live in Townsville, but due to the visa restrictions thought we couldn't do it. If we find a new RSMS sponsor would the 2 years start from scratch again ?

Thanks a lot in advance

Katie

Alan Collett

Visas granted under the RSMS are not policed with the same rigour as 457 visas.

See also the comments from the immi website as to visa cancellation under the RSMS:
http://www.immi.gov.au/media/fact-sheets/26state.htm#e

Please note I am not advocating a cessation of the employment that formed the basis of the RSMS nomination application.

Best regards.

KatieLilly

Hi Alan, thanks for your quick (at this time of day) reply. We will try to finish the two years and I have seen the visa cancellation conditions before, that is why I thought a reason 'within our control' is hard to identify. For me that basically meant as soon as hubby quits his job our visa will be cancelled, and we would like to avoid that as we love Australia. It is just that I have been getting health issues due to the long seperation and was trying to find a way out.

Thanks very much again.
Katie