RSMS Problems - opinons please
 

Hello all.

Well its six months since i got here - maybe I should do a thread in update section? ;)

Not sure if anyone will have been in this situation but thought I would ask anyway before I contact immigration for their opinion.

The organisation I work for is going through a restructure and there is a possibility that my job will go. However I am unlikely to get made redundant (which I know would probably not affect my RSMS visa and would make life easier) they are more likely to offer me another job elsewhere in the organisation. Do people think my visa would be affected if :-

a) the job was not one I wanted to do/paid enough long term/in another area but still rural and so i elect to leave

b) the job was a secondment to another area which is not covered by the RSMS visa provisions.

Cheers guys! Just covering all eventualities as usual. Planning you see - its my game! :rofl::rofl::rofl:

Re: RSMS Problems - opinons please
 

Presumably you've read what it says on your visa grant letter about making a "genuine effort" to complete 2 years employment.

Do you think either scenario could be construed otherwise?

Re: RSMS Problems - opinons please
 

Thats my dilemma you see JAJ - I think both are extremely subjective scenarios. I think I could argue a good case - but I also think the opposite applies.

My employer sponsored me into a permanent position - if that position no longer exists thats not my fault - but if they offer me an alternative - could i be judged as "not making a genuine effort" by refusing the alternative because for example its in a town another 500kms west?

I could also have the option to work in head office (in a metro area) but would immigration accept that as again its not my fault my "rural" job has disappeared? Or would they expect me to look for another rural appointment?

I also understand that Immigration dont routinely follow up anyway - and it would only come to their attention if my employer told them - so I think I'm probably gonna be ok. What do you think?

Re: RSMS Problems - opinons please
 

There are policies that underly this part of the Act and Regulations. It is not based on the whim of a case officer.

If you want some professional advice, why don't you contact someone like George Lombard in Sydney who, for a fee, should probably be able to research it fully for you.

Re: RSMS Problems - opinons please
 

Yes i might just do that Jaj! :thumbup:

Re: RSMS Problems - opinons please
 

I have spoken to DIAC regarding our RSMS visa and they have said that a "genuine effort" is merely starting the position.

They have said that if you move before the 2 years they won't have an issue.

They also stated that you don't need to stay in regional Australia or even the same state you were sponsored for.

I have phoned twice to get confirmation and spoken to our agent who has stated the same advice.

Re: RSMS Problems - opinons please
 

Really? Are they prepared too put that in writing? :eek::thumbsup:

Re: RSMS Problems - opinons please
 

I didn't ask for it in writing but I got her name as reference, that is why I phoned back to double check that someone else would say the same thing. My agent did say that the RSMS visa is not formally monitored by DIAC.

Re: RSMS Problems - opinons please
 

Cheers Burkins.:thumbsup: I might phone up and do the same - see if they will send me an e-mail or something. I'm quite happy in my job but so much change on the horizon that I just dont know what might happen. Would be a weight off my mind if I knew my visa was safe even if I did end up leaving the company. :D

Re: RSMS Problems - opinons please
 

I'm shocked to hear that anyone at DIAC would say that a "genuine effort" involves just starting the position.

This is what the Act says:

(1) The Minister may cancel a regional sponsored employment visa held by a person if:

(a) the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and

(b) the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.

... and a "genuine effort" is defined as follows:

8 GENUINE EFFORT

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

In assessing whether the visa holder has made a genuine effort, the delegate must consider:

• the visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)

• the possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia

• in the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and

• any other matter which is relevant to the commencement or termination of the employment.

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

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

A visa holder is unlikely to be assessed as failing to have made a genuine effort where the failure to commence or complete the two year employment period was because of a situation beyond the visa holder’s control. Examples include:

• 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.

Delegates are also expected to consider any hardship that the visa holder or members of the family unit may suffer if their visa is cancelled.

Cheers,

George Lombard

Re: RSMS Problems - opinons please
 

Thanks for your input George - that was my original understanding of the situation. I have no intention of leaving if my job stays the same (or if they make me a better offer ;) )

I guess if it takes them as long to sort out this restructure as it did to sort out my original contract I'll have done my two years anyway. :rofl:

Re: RSMS Problems - opinons please
 

I was also very suprised by what they said too.

Ponyrama if you do speak to them could you let me know what they said.

It is a very difficult situation.

Thanks