KatieLilly

We are already in Australia with a RSMS visa since September 2006.
My question now is, that if OH finds another RSMS sponsor (we currently have to live 400 km apart for work reasons) , would the two years where you are obliged to work for your sponsor start from scratch again or would the 10 months count toward the two years ?
Can't go the 136 way due to lack of points.

Thanks in advance for your replies.

Cheers

Katie

dinner-dash

i thought you were contracted to your sponsoring employer for a minimum of 2 years...and not allowed to change jobs, unless they down grade you or make you redundant

Oznow

We are having almost the same problem. My partner is about to move to work with another employer who is willing to pay more ($10,000 more per year). Her new employer is willing to sponsor her.

Unlike your situation, her current employer just received the certification, and just only sent the nomination letter to DIAC. The nomination has not been approved yet by DIAC.

We will ask her current employee to cancel the nomination (by calling the DIAC??) Will that cause future problem, when the new nomination (by the new employer) reach DIAC again? Any ideas?

Thanks.
Oznow

George Lombard

Hi Katie,

The obligation in s.137Q is phrased in terms of your staying with the employer, or at least making a "genuine effort" to do so. The following extract from a DIAC internal instruction might help:

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.

Cheers,

George Lombard

George Lombard

Hi Oznow,

No problems about changing sponsors as long as it's done professionally and you let the current sponsor know as soon as possible to minimise their grief.

Cheers,

George Lombard

JAJ

Safest way would be to switch from an RSMS to an ENS visa although an offshore application might be needed. Any other option carries serious risks. Switching to a temporary (457) visa from a permanent one is not to be recommended.

KatieLilly

Thanks everybody for your replies. Helped a lot.
So is it correct to think that (though it is not easy to leave the current sponsor as I understand) that if we found a new sponsor the 2 years "obligation" start again as this "new" sponsor has nothing to do with the old one and therefore the 10 months worked already don't count ?

This is just hypthetically at this stage, just wanted to see what our options are since this is a difficult situation for our family at the moment .

Katie

JAJ

With respect, you appear to be completely confused by how the rules work. What exactly are you planning to do? Apply for a new RSMS visa? An ENS visa? A temporary (457) visa? Or just switch jobs?

You really should get advice from a competent professional (eg George Lombard) on your options. Getting it wrong could lead to you + whole family taking a one way flight home.

KatieLilly

Hi Jay, OH thought about switching jobs but is on RSMS now, 10 months in. If he finds a new job, he probably would need another RSMS since the one he is in now is bound to the current job/employer. As we stated, it is just a thought and we wanted to see what is possible if anything at all. Looks like we need to stay in our current situation although it is very hard for us.

Cheers

Katie

didik

Sorry to revive this tread. Hope someone can help me...
My partner (and me ) just received the RSMS visa Today. However, she has started to work with the company that sponsor her RSMS visa about 9 months ago. She started the RSMS application quite straight away after the work commence.

When the obligatory two years time start? Today or from 9 months ago?

JAJ

Law is a little grey but you should assume it starts from today, to be on the safe side.

looky

It took 9 months for a RSMS to be granted?! Is it an 857? I was under the impression that it will be granted within 3 to 4 months maximum as you are not in queue with the general skilled visa and has priority processing due to it being an RSMS?

didik

We are in Australia with rights to work before we applied for the RSMS. We started the application process (nomination etc) in Nov-Dec 2007 in Australia.

My wife have been complaining about her workplace. The director of the childcare centre has changed twice, staff under her has changed several times. My wife has to adjust to these stressful changes. The overdemanding working condition as my wife often has to oversee near to 20 children by herself (the law is only allowed one staff to takecare of 11-12? children), taking her own lunch time as there are no other staff available to help...

She has regretted very much to move away from her previous excellent childcare centre (but underpaid). If she can, she really want to get out from the place YESTERDAY

I am so sorry and feel bad for her .... what are our options?

JAJ

Strongly recommend you pay for professional advice ... try George Lombard in Sydney or Alan Collett in Geelong (search forum for contact details).

didik

Thanks Jeremy, will talk to wife and consider your suggestion.