steward

Hi,I have got a good news that my RSMS visa is safe now. (The employer breached the contract).My case manager wrote me in his e-mail "NOTIFICATION OF INTENTION NOT TO PURSUE CANCELLATION UNDER
SUBSECTION 137Q(2) OF THE MIGRATION ACT 1958" But have one more question and hope any people can advise?

I was advised previously by many people in our forum that after the termination of employment, I can move to any cities in australia. When I read the notice it does not say any codition that "I have to stay in regional area" as well. However, when i ask the case officer whether my visa would be cancelled if I move to Sydney because it is very difficult for me to find a proper job in the regional area. He just said :"you need live in regional area, if you move to other cities, then please talk to me." But when I talk to one of immigration officer in his department last week, said "we will prefer u to stay in regional, but as a PR, we can do nothing about it".

I am really confused. If there is a condition of the location applied to my visa, why the officer did not replied to me directly?

I wonder how can they control people in the regional area? By residential address? What if I move to some regional area close to sydney as I have a job offer in Sydney with much much better salary.

Is there any legal basis to cancel RSMS visa after the termination of employment becuase the visa holder moves to big cities?

Please give me some good advise.

Thanks

hoofie2002

I can't comment on the question you have asked but I'm glad to see that at least your initial visa/job problem is sorted. The treatment your employer gave you was outrageous.

Good luck for the future.

moneypenny20

If the visa is safe then why do you put a thumbs down next to it? Oh and please don't use capitals.

steward

Any advice from any expert lawyer please what the law says about that...

moneypenny20

If the people on this board are not good enough I suggest you employ an expert lawyer. Only free general advice on here, even from experts.

Dorothy

If you are looking for advice from a lawyer you're going to have to ring one up and make an appointment to talk to one. Expect to pay. (although I don't know why you would want a lawyer when you should be taking advice from a MARA registered migration agent)

Dorothy

As has been said, if you want expert advice you need to contact an expert. Expect to pay.

steward

Any free advice as I am jobless so no money to pay.............

Sherlock Holmes

What is this reference to PR? Are you PR? If not, then it's not relevant.

steward

Yes,I am on PR visa,it is subclass 119.

moneypenny20

If you've completed your contracted two years with your employer then you've fulfilled your obligations so I don't think you would have any problem with you now moving to another employer even in a metropolitan region - going by DIAC anyway -

Employee obligations

The employee must meet the following obligations.

* commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia
* remain employed in the nominated position in the regional area for at least two years.

The visa may be cancelled if the employee does not comply with these obligations to complete the two year contract with the employer.

If you've not completed two years with your original employer then you're breaking your contract and could be asked to leave the country. Whether they'd chase you for staying here and working in a metropolitan area I have no idea and you can only find out for sure by employing a MARA registered agent to advise you. It's up to you.

steward

I send an e-mail to DIAC, they said they will not cancel my visa as my employer breach my contract and I made geninune affort to continue my job but I failed coz of my employer.They said I can stay and work in Australia indefinately.My question is should I have to stay in regional or I can move in bigger city like Sydney.

Dorothy

Your case officer already told you. If you intend to move you must contact him/her. What part of that do you not understand?

steward

I have contract one of expert mara agent and lawyer and he confirmed me that RSMS visa only barrier is sponsored employer.When DIAC remove(as employer breach my contract) from the employer I am open and go anywhere is australia,thats the law says as well.Thanks I am really haapy.

Rahban

Hi Steward,

I hope you have been able to move to Sydney without any problem. I would appreciate if you kindly advise me on my situation as well since you have a pretty good experience of employer breaching sponsorship condition.

It has been almost a year that I work for the sponsored employer on RSMS visa, but the employer did not offer my the job responsibilities & title as was agreed on offer letter/contract at a skilled level. Instead they make me work on an unskilled job which is somehow like a maintenance/cleaning job. It has been so frustrating for me in the past 11 months, but I was afraid to raise my voice or resign due to possibility of my visa cancellation upon employers notice to DIAC.

Do you think I may have a chance to retain my PR even if the employer inform DIAC upon my resignation?

Thank you in advance.