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Regional Sponsored Migration Scheme (Subclass 119/857)

Regional Sponsored Migration Scheme (Subclass 119/857)

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Old Oct 23rd 2007, 11:54 am
  #16  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Katie,

I'll try to dig out some DIAC policy material for you, which might give you some further food for thought.

Best regards.
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Old Oct 23rd 2007, 8:39 pm
  #17  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Hi

Katielilly

It must be hard for you being away i take my hat off to you!

Just a quick question if anyone has done it or knows what happens...

If my partner was to find a new sponser in this regional area (Queensland) would we have to apply all over again for the visa?

As we have already paid for everything (about $6500 roughly)the only thing the company has done is sponser.

Lindzi.
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Old Oct 24th 2007, 12:15 am
  #18  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Here are extracts from DIAC policy re cancellation of a visa granted under the RSMS:

"3.1.1 The major basis for considering visa cancellation is information provided by the nominating employer. The onus is on the nominating employer to provide that information.

3.1.2 In some circumstances information may be received from Centrelink, other Government Agencies or other sources. This information should be referred to compliance officers and the matter investigated, in the first instance, by contacting the nominating employer.

3.1.3 It is expected that investigations will only occur as a consequence of the Department receiving information of note. This does not, however, prevent investigations or compliance officers from initiating their own inquiries in respect of an RSMS visa holder, if they choose to do so.

3.2 Employment not commenced

3.2.1 If the nominating employer provides information that the visa holder did not commence employment or failed to commence employment within the specified period, officers will then consider whether the visa holder made a genuine effort to commence employment.

3.3 Employment terminated

3.3.1 If the nominating employer provides information that the visa holder has permanently ceased to work for the nominating employer, the officer will consider whether the visa holder made a genuine effort to complete the two-year contract period.

3.3.2 Each case should be considered individually on the basis of the information provided by both the nominating employer and the visa holder. In some circumstances, information provided by other parties might also be considered.

3.4 Genuine effort

3.4.1 For cancellation to occur, the Minister must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two-year period of employment contract.

3.4.2 For policy guidance on these issues, please contact the Business Employment Section, National Office. In assessing, however, whether the visa holder made a genuine effort the compliance decision maker must consider:

• the visa holder’s reasons and/or circumstances under which the visa holder failed to commence work or to complete the two-year contract (A serious family or personal consideration may be a factor under these circumstances);
• the possibility that the employee, in collusion with the employer, does not commence work within the 6 month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia using Subclass 119 or 857 visas;
• in the case of termination, the period of the visa holder’s employment with the nominating employer prior to termination of the contract (Generally, periods of more than 12 months may be considered as a genuine effort.);
• any other matter which is relevant to commencement or termination of the nominated employment.

3.4.3 If terminating the employment on reasonable grounds, a visa holder would be expected to give their nominating employer appropriate notice, including the opportunity to make a counter offer in circumstances where a more attractive employment opportunity exists in the regional area.

3.4.4 A situation created by the visa holder that results in termination of their employment would not be considered a genuine effort.

3.4.5 It is not expected that a visa holder would be assessed as failing to have made a genuine effort where the visa holder failed to commence, or remain in the nominated employment because of a situation out of the visa holder’s control, for example.

• the position was not filled or did not remain viable due to a serious downturn in business activity; or
• financial loss, bankruptcy or closure of the business.

3.4.6 Officers are also expected to consider any hardship that the visa holder or the visa holder’s family may suffer if their visa is cancelled.

3.5 Unscrupulous employers

3.5.1 Cancellation under s 137Q of the Migration Act would generally not apply in situations where the employer has dismissed the employee. However there are circumstances where deliberate damage or sabotage of business production could occur to force dismissal to avoid possible visa cancellation under these provisions. The compliance decision maker must be satisfied that the visa holder has made a genuine effort.

3.5.2 There is also a need for decision makers to be guarded against possible claims by an unscrupulous employer that the visa holder left their employ without making a genuine effort.

3.5.3 The decision to cancel the visa is between the department and the visa holder and based on the facts relating to the period of employment and the reason why they did not complete their work contract with the sponsor. While the employers may be a source of information that an employee has not made a genuine effort, the employer has no further involvement in the process.

3.5.4 For further policy guidance on employer issues, please contact the Business Employment Section, National Office."


Hope this helps.

Best regards.
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Old Oct 24th 2007, 12:18 am
  #19  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Also:

"6.3 Decision not to cancel

6.3.1 Notwithstanding that the decision maker might determine that grounds for cancellation do exist, there may be factors that need to be taken into account in assessing whether or not to exercise the discretion to cancel a permanent visa under s 137Q. These might include:

• the degree of hardship which may be caused to the visa holder and any family members (NB: if there are children in Australia whose interests could be seriously affected by cancellation of the visa, or who themselves would be affected by consequential cancellation, then decision makers have an obligation to treat as a primary consideration the effect of cancellation on any such children. Article 3 of the Convention on the Rights of the Child requires that the best interests of any relevant child - anyone under 18 years of age - in Australia, no matter what the child’s immigration status, be treated as a ‘primary consideration’.);

• the circumstances in which the ground for cancellation arose;

• the person’s behaviour in relation to the Department, now and on previous occasions (For example, the truthfulness of statements made to officers of the Department or in applications before the Department.);

• the links the visa holder may have made to the community. For example, the strength of family, social, business and other ties in Australia. Strong ties to regional Australia and continued employment in that area may be given special consideration.

• the length of any period of employment with the sponsor.

6.3.2 Visa cancellations usually have serious consequences for the visa holder. Compliance officers must therefore ensure that they have a high standard of proof that non-compliance with Subdivision GC occurred and that the evidence gathered is sufficient to support a decision to cancel. If officers are not convinced that visa cancellation is appropriate or warranted, the visa holder is given the benefit of the doubt."


To Katie: I recommend you might have a discussion with a competent migration agent to establish your options. I would be leaning towards a dialogue with a DIAC case officer - if employment were to continue to be in a regional area I would expect a positive response.

Best regards.
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Old Oct 24th 2007, 12:19 am
  #20  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by Alan Collett
Here are extracts from DIAC policy re cancellation of a visa granted under the RSMS:

"3.1.1 The major basis for considering visa cancellation is information provided by the nominating employer. The onus is on the nominating employer to provide that information.

3.1.2 In some circumstances information may be received from Centrelink, other Government Agencies or other sources. This information should be referred to compliance officers and the matter investigated, in the first instance, by contacting the nominating employer.

3.1.3 It is expected that investigations will only occur as a consequence of the Department receiving information of note. This does not, however, prevent investigations or compliance officers from initiating their own inquiries in respect of an RSMS visa holder, if they choose to do so.

3.2 Employment not commenced

3.2.1 If the nominating employer provides information that the visa holder did not commence employment or failed to commence employment within the specified period, officers will then consider whether the visa holder made a genuine effort to commence employment.

3.3 Employment terminated

3.3.1 If the nominating employer provides information that the visa holder has permanently ceased to work for the nominating employer, the officer will consider whether the visa holder made a genuine effort to complete the two-year contract period.

3.3.2 Each case should be considered individually on the basis of the information provided by both the nominating employer and the visa holder. In some circumstances, information provided by other parties might also be considered.

3.4 Genuine effort

3.4.1 For cancellation to occur, the Minister must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two-year period of employment contract.

3.4.2 For policy guidance on these issues, please contact the Business Employment Section, National Office. In assessing, however, whether the visa holder made a genuine effort the compliance decision maker must consider:

• the visa holder’s reasons and/or circumstances under which the visa holder failed to commence work or to complete the two-year contract (A serious family or personal consideration may be a factor under these circumstances);
• the possibility that the employee, in collusion with the employer, does not commence work within the 6 month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia using Subclass 119 or 857 visas;
• in the case of termination, the period of the visa holder’s employment with the nominating employer prior to termination of the contract (Generally, periods of more than 12 months may be considered as a genuine effort.);
• any other matter which is relevant to commencement or termination of the nominated employment.

3.4.3 If terminating the employment on reasonable grounds, a visa holder would be expected to give their nominating employer appropriate notice, including the opportunity to make a counter offer in circumstances where a more attractive employment opportunity exists in the regional area.

3.4.4 A situation created by the visa holder that results in termination of their employment would not be considered a genuine effort.

3.4.5 It is not expected that a visa holder would be assessed as failing to have made a genuine effort where the visa holder failed to commence, or remain in the nominated employment because of a situation out of the visa holder’s control, for example.

• the position was not filled or did not remain viable due to a serious downturn in business activity; or
• financial loss, bankruptcy or closure of the business.

3.4.6 Officers are also expected to consider any hardship that the visa holder or the visa holder’s family may suffer if their visa is cancelled.

3.5 Unscrupulous employers

3.5.1 Cancellation under s 137Q of the Migration Act would generally not apply in situations where the employer has dismissed the employee. However there are circumstances where deliberate damage or sabotage of business production could occur to force dismissal to avoid possible visa cancellation under these provisions. The compliance decision maker must be satisfied that the visa holder has made a genuine effort.

3.5.2 There is also a need for decision makers to be guarded against possible claims by an unscrupulous employer that the visa holder left their employ without making a genuine effort.

3.5.3 The decision to cancel the visa is between the department and the visa holder and based on the facts relating to the period of employment and the reason why they did not complete their work contract with the sponsor. While the employers may be a source of information that an employee has not made a genuine effort, the employer has no further involvement in the process.

3.5.4 For further policy guidance on employer issues, please contact the Business Employment Section, National Office."


Hope this helps.

Best regards.
Hi Allan Collet

Thanks again for replying its been really helpful!

Lindzi.
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Old Oct 24th 2007, 1:39 am
  #21  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by Alan Collett
Also:

"6.3 Decision not to cancel

6.3.1 Notwithstanding that the decision maker might determine that grounds for cancellation do exist, there may be factors that need to be taken into account in assessing whether or not to exercise the discretion to cancel a permanent visa under s 137Q. These might include:

• the degree of hardship which may be caused to the visa holder and any family members (NB: if there are children in Australia whose interests could be seriously affected by cancellation of the visa, or who themselves would be affected by consequential cancellation, then decision makers have an obligation to treat as a primary consideration the effect of cancellation on any such children. Article 3 of the Convention on the Rights of the Child requires that the best interests of any relevant child - anyone under 18 years of age - in Australia, no matter what the child’s immigration status, be treated as a ‘primary consideration’.);

• the circumstances in which the ground for cancellation arose;

• the person’s behaviour in relation to the Department, now and on previous occasions (For example, the truthfulness of statements made to officers of the Department or in applications before the Department.);

• the links the visa holder may have made to the community. For example, the strength of family, social, business and other ties in Australia. Strong ties to regional Australia and continued employment in that area may be given special consideration.

• the length of any period of employment with the sponsor.

6.3.2 Visa cancellations usually have serious consequences for the visa holder. Compliance officers must therefore ensure that they have a high standard of proof that non-compliance with Subdivision GC occurred and that the evidence gathered is sufficient to support a decision to cancel. If officers are not convinced that visa cancellation is appropriate or warranted, the visa holder is given the benefit of the doubt."


To Katie: I recommend you might have a discussion with a competent migration agent to establish your options. I would be leaning towards a dialogue with a DIAC case officer - if employment were to continue to be in a regional area I would expect a positive response.

Best regards.

Hi Alan

Thanks very much for all the info.
I will have a talk to hubby and see what we will do, I suppose the best way would still be to finish the two years, but this depends how our personal circumstances develop.

Thanks a lot again, you are a champ !

Kind regards

Katie
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Old May 23rd 2008, 12:03 pm
  #22  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by LINDZI
Hi Allan Collet

Thanks again for replying its been really helpful!

Lindzi.
Hi Lindzi...

Did you get your Visa as yet...

How long did it take....

We are applying for the same visa and are interested in the time frame...

Regards,
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Old Oct 28th 2008, 3:21 am
  #23  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

I think my comments probably deal with this question ...

If you have an employer who is happy to facilitate a permanent residency visa I'd be taking them up on their offer.

Best regards.
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Old Oct 28th 2008, 3:24 am
  #24  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by Alan Collett
I think my comments probably deal with this question ...

If you have an employer who is happy to facilitate a permanent residency visa I'd be taking them up on their offer.

Best regards.
Yeah sorry about that, I tried to delete it when I realised :-s
Thanks for the info, although I ahve every intention to stay with my employer for at least the two years it is no way near so scary to know it is not an automatic cancellation of my visa should I wish to leave
Thanks aagin :-)
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Old Oct 28th 2008, 5:17 am
  #25  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by janjanxx
Hi Lindzi...

Did you get your Visa as yet...

How long did it take....

We are applying for the same visa and are interested in the time frame...

Regards,
Hi jan

Application was lodged 13/09/2007 and allocated to a case officer 18/09/2007 and granted 27/11/2007.

Lindzi

p.s have you yours yet?
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Old Oct 28th 2008, 6:15 am
  #26  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by LINDZI
Hi jan

Application was lodged 13/09/2007 and allocated to a case officer 18/09/2007 and granted 27/11/2007.

Lindzi

p.s have you yours yet?
Hi Lindz... No - not yet... lodged 27 June 08 (Brisbane) - unfortunately they are having huge staff problems and the visa's are taking longer to process... so NO CASE OFFICER yet - but fingers crossed something will happen soon... feel awful for our employer !! Imagine having to wait so looooong for staff !!...

Agent has requested evidence of "English" ie letters from schools etc. Really not sure why they would start requesting that when our home language is English and Hubby is on British passport !!...

Where about are you based?
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Old Oct 28th 2008, 6:23 am
  #27  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by janjanxx
Hi Lindz... No - not yet... lodged 27 June 08 (Brisbane) - unfortunately they are having huge staff problems and the visa's are taking longer to process... so NO CASE OFFICER yet - but fingers crossed something will happen soon... feel awful for our employer !! Imagine having to wait so looooong for staff !!...

Agent has requested evidence of "English" ie letters from schools etc. Really not sure why they would start requesting that when our home language is English and Hubby is on British passport !!...

Where about are you based?

Hi jan

I am based in Mackay Queensland. I will keep my fingers crossed for you.
Where are you heading?

Lindzi
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Old Oct 28th 2008, 6:24 am
  #28  
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by janjanxx
Hi Lindz... No - not yet... lodged 27 June 08 (Brisbane) - unfortunately they are having huge staff problems and the visa's are taking longer to process... so NO CASE OFFICER yet - but fingers crossed something will happen soon... feel awful for our employer !! Imagine having to wait so looooong for staff !!...

Agent has requested evidence of "English" ie letters from schools etc. Really not sure why they would start requesting that when our home language is English and Hubby is on British passport !!...

Where about are you based?
Do SA passport holders (which i am assuming you are) have the same IELTS exemption that Uk holders do for english?

If not then maybe thats why hes asking for proof of your kids english. Never heard of it coming from a school report/letter though. Thought IELTS was it though that's not appropriate for kids is it?

Actually what do they do for kids from non english speaking passport countries( don't know what to call them ????) Parent do, Ielts kids do what?
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Old Oct 28th 2008, 6:38 am
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Default Re: Regional Sponsored Migration Scheme (Subclass 119/857)

Originally Posted by Safin
Do SA passport holders (which i am assuming you are) have the same IELTS exemption that Uk holders do for english?

If not then maybe thats why hes asking for proof of your kids english. Never heard of it coming from a school report/letter though. Thought IELTS was it though that's not appropriate for kids is it?

Actually what do they do for kids from non english speaking passport countries( don't know what to call them ????) Parent do, Ielts kids do what?
Hmmm... difficult questions Saf.... Well at this stage he hasn't requested we do the IELTS exam (well hubby anyway) .. OH is main applicant and I just assumed (well so did Agent) that it wouldn't be needed .... but now wanting proof of English... Yes - I think letters from schools in that instance.
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