RSMS Visa Holders & Applicants – Do I Need to Stay With My Employer for 2 Years?

 

This must be one of the most commonly asked questions that I receive from Regional Sponsored Migration Scheme (Subclass 187 visa) applicants: Do I need to stay with my sponsoring employer for 2 years after the visa is approved?

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Commitment to work for 2 years from date of visa approval

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In the visa application form, as the applicant, you are required to declare that you:

  1. Agree to work in the nominated position for at least two years
  2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.

You need to continue to have this intention until a decision is made on your application. If your intention changes before lodgement, or during processing, and you no longer intend to work for your sponsoring employer for at least 2 years from when the visa is approved, then you should either not lodge the application or inform the Department and withdraw your application (which ever is applicable to your situation).

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Section 137Q – Cancellation of permanent residency

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Section 137Q gives the Department the power to cancel the permanent residency that you obtained through RSMS. The section itself is relatively straight forward and states that permanent residency granted under the RSMS pathway may be cancelled if:

  1. You do not commence employment in your nominated role within 6 months of the date of approval (if you are in Australia at the time of approval) or within 6 months of entering Australia as the holder of a RSMS visa AND you do not satisfy the Department that you have made a genuine effort to commence employment within the 6 month period; or
  2. You commence employment but you terminate your employment within the first 2 years AND you do not satisfy the Department that you have made a genuine effort to remain in your nominated role for the required 2 years.

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How is the Department notified?

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Generally speaking, the most common way for the Department to find out is through the employer notifying the Department that you have either failed to commence employment, or you terminated your employment before you have completed 2 years.

The Department can also find out about the termination of your employment through information that it receives from other government departments, such as the Australian Taxation Office, the Australian Securities and Investments Commission, Centrelink etc.

As the visa holder, you are not under any specific obligation to notify the Department if your employment is terminated.

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Relevant considerations in assessing ‘genuine effort’

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If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

  1. 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)
  2. 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
  3. 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
  4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

  • If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
  • The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
  • The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

At the end of the day, policy does state that decisions made under s137Q are a matter to be resolved between the Department and the visa holder. The former employer can provide information to the Department but they are not involved in the ultimate decision-making process.

Consequently, if the Department is considering the possibility of cancelling your visa, the Department will need to contact you to give you the opportunity to present your side of the story.

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Before you ask…

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Please do not ask us whether it is ok for you to leave your employer before completing the required 2 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether the Department will take any action against your permanent residency.

One of our clients did contact the Department before he left his employer – he asked the Department whether it was ok for him to leave and whether the Department would take action against his permanent residency visa. The Department expressly advised:

The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.

If the Department cannot even tell you what is going to happen before they complete an assessment, then I certainly cannot predict the Department’s actions.

I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closure of the business, lack of work etc.), then I think that the Department is unlikely to take any action against your permanent residency.

Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.

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237 thoughts on “RSMS Visa Holders & Applicants – Do I Need to Stay With My Employer for 2 Years?

  1. rahin

    Hi Peng,
    I have found a job in regional area in nsw. The interview and job duties are done and and as my employer is ready to sponsor mr for rsms 187 visa.
    1) my 2 year time start from the day i applied for 187 visa or from the day it is granted which may take up to 8 months.
    2) my work is at travel distance. can i live in city and work in regional or i will have to move there
    thank you

    Reply
  2. Peng Cheng Post author

    Hi Rahin,
    The 2 years starts from when the RSMS is granted. You can give elsewhere but you need to physically work in the regional area. You can start to work now if you have the work rights on your current visa.
    Thanks
    PC

    Reply
  3. John

    Hi Peng,

    Good Day.

    I’m a permanent resident 857 visa holder now and soon will be taking my citizenship oath and become citizen. I just want to ask if I can already quit my job once i’m already a citizen and not complete the obligation of 2 years obligation for sponsoring me to becoming a permanent resident. My 857 visa was granted last June 2011. I just had enough of to much hard work and stress that works gives me.

    One thing i’m afraid of is that, I have a workmate who is also a permanent resident 857 visa holder too who got his citizenship already and when he did resign the employer told him that he cannot quit because his short of finishing his 2 years obligation for sponsoring him for an 857 visa otherwise the employer will sue him, that person is still working with him because his afraid to be sued. FYI we been working for the company for more than 4 years now. 2 years for 457 visa and 2 years for 857 visa.

    Many Thanks.

    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      From a migration law perspective, I don’t think that you have much to worry about once you have citizenship. I don’t think that DIAC would take away your citizenship just because you left before completing 2 years. But you’ll need to check the terms of your contract and see what you need to do from an employment law perspective.
      Thanks
      PC

      Reply
  4. Hemil

    Hi peng,
    Gone through your all answers and it was awesome….you giving a pretty good advise…I got a question too.i employed in march and I got my 119 visa in sep..as I was working in the night shift and living by myself in regional.. My health started creating problem for me. One night I had a pretty bad weakness due to skipping of my lunch and diner. I went in to the emergency department as it was a chest pain. They found my blood pressure high and found my vitamin d level very low. After that it was continue for another few days and due to that problems I had to leave job and went overseas because of health problem. Meanwhile my owner owns the few cafes and 2 of them shuts down due to slow business. We got over staffed. So me And my employer mutually terminate the contract as my health was bad and he got over staff. Now I came back from overseas and married now. I want to put my wife’s spouse visa but can’t provide the payslip as I am not working there. I suggested by an agent that wait till you get your citizenship which is due in September this year. If I put my wife’s spouse visa now.. Will it affect my visa as immigration will find out I am not working there. Is that alright if I provide them with another company’s payslip?? Or should I wait till my citizenship. Please answer ASAP! As my health is giving me trouble again..I want my wife over here
    ASAP.. Pleas suggest me what should I do???
    Thanks and regards
    Hemil

    Reply
    1. Peng Cheng Post author

      Hi Hemil,
      Personally, I don’t think that DIAC would take action against your permanent residency if they find out they you have left your sponsor before completing the required years of employment – but this is just an opinion, its at DIAC discretion in terms of what they do if they find out.
      PC

      Reply
  5. Nong

    Hi Peng,

    Im on RSMS visa , Do im allowed to have a second job(part time).

    Pls reply I need your opinion.

    Thanks
    Nong

    Reply
  6. Rahul

    Hi Peng,

    Is there 2 different rules with 187 visa. we 2 friend have applied 187 visa from 2 different region of Australia. one NSW and one QLD both on 187 visa.
    our visa is approved but on one of our obligation it states we have to be with company with 2 years and on another 187 visa it states we have to be in Regional Australia for 2 years.

    So for both of visa is it we have to stay with the same company or we can move in same regional area.
    Its confusing since its same visa and in one it says 2 years in regional area and another says 2 years with same company.

    Bit confused!!!

    Thanks a lot,

    Have a good day ahead.
    Rahul

    Reply
    1. Peng Cheng Post author

      Hi Rahul,
      You need to work for 2 years from the date of visa approval in the nominated role, which must be located in a regional area. So yes, you need to work for your company in the approved regional area.
      PC

      Reply
  7. kristina

    Hi Peng,

    Just an inquiry, if I intend to leave my employer before the 2 year contract is over, is it necessary that I should have a job after I left work or can I take my time to apply for job?

    Also, can I work in a different field not similar to the nominated position that I applied for my RSMS. Will it matter? I hope you answer my questions. Thank you :)

    Reply
    1. Peng Cheng Post author

      Hi Kristina,
      As a PR holder, you can take up any job. Although as explained above, DIAC does have the power to cancel RSMS visas.
      PC

      Reply
  8. robyn

    hi peng,

    i have just got my RSMS visa last week through my wife as a main applicant. we came in to Australia on the basis of student visa. Now suddenly my wife ask for divorce after 5.5 years of happily married life.

    I am trying not to breakup but in worst case scenario if we have to break up then what will be my status in Australia as i am a spouse of the main applicant.

    Reply
  9. Aries

    Hi Peng,

    I have placed a few comment about RSMS last year and everything is going well with us. I got PR and already get in the position in Cairns for 10 months. Bad new that my boss has quite a lot issue this year about financial and finally, they notice it bankruptcy. Well as ur article, I know that I would hardly be DIAC cancelled visa because it out of my control and i do got genuine effort while staying at last day.

    But the point is after this, can i move back to Melbourne where my family is or I have to stay here and find other job or similar position until finish 2 years. Do i need to notice to DIAC about the issue of my boss bankruptcy. At the end we do have ok relationship so they will not keep me for any reason.

    Thank a lot for ur help.

    Reply
    1. Peng Cheng Post author

      Hi Aries,
      I don’t think that you are obligated to inform DIAC.
      You can live anywhere since you have permanent residency – assuming that DIAC doesn’t cancel this.
      PC

      Reply
  10. Henry Dang

    Dear Peng,
    I started my job in hospitality with my company as a casual position in Melbourne in April 2011, and in May 2012 I got my PR through the sponsorship wih that company under RSMS 857. I started my full-time job in June 2012 in Perth. Since the day I started I’ve never found any joy or happiness at this place. I asked for a transfer to another venue as the company has a lot of other venue but it was denied but the contract did not state I have to work in the current venue for the entire 2 years.
    I emailed DIAC telling them my case. They replied back saying:
    “As you are now a permanent resident you can choose to work wherever you wish. However, if you leave your current position to seek work at another venue before the two year period is over, your employer may choose to notify the department who may or may not consider visa cancellation. Please note the two points below:

    · The department will consider whether it is appropriate to investigate the matter further or consider visa cancellation. Cancellation will only occur if the Minister is not satisfied the visa holder made a genuine effort to be engaged in that employment for the required period. The visa holder will be contacted by the department if cancellation is to be considered.
    · Assuming the department does not cancel the visa holder’s visa, the visa holder can work wherever, and for whomever, they wish. While the department would naturally prefer the visa holder to remain in regional Australia, there is no legal requirement to do so.

    I’m thinking of quitting my job. Would you be so kind to give me any advice, that wold be much apprecitated. Thank you for reading my post.

    Reply
    1. Peng Cheng Post author

      Hi Henry,
      Clearly DIACs correspondence confirms that they can’t predict what they will do unless they are complete an investigation – so I can’t see how we can provide you with any further advice other than what is also stated in the above post.
      PC

      Reply
      1. Henry Dang

        Hi Peng,
        How long is good enough to call it “genuine effort”? And when DIAC looks at my case, will they consider the time I work for the employer before I got my PR granted?
        Regards

        Reply
        1. Peng Cheng Post author

          Hi Henry,
          This assessment would be completely subjective, so it will be up to the particular case officer to decide what a genuine effort is, and whether your employment prior to PR approval is relevant.
          PC

          Reply
  11. paul

    HI, Great website… as mentioned by all previous..

    I have a question. my employer will take me on via the 187 visa ( i have been on the 457 for nearly 3 years.) what were to happen if, once I had the rsms 187 visa, if they were to let me go, ie. make me redundant?

    Thanks in advance,

    Regards,

    Paul

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      As explained above, if your employer ends your employment, I don’t think DIAC will cancel your visa but we can’t predict what action they will take.
      PC

      Reply
  12. mihin

    Hi peng, I have question for you like before 2 month employer in regional area he offered me for sponsorship but now he said he can’t sponsor me because he doesn’t have full time position left in his restaurant. So me and he decided that he gonna sponsor me but once I get my permenent residency I have to leave job coz he give me full time position untill my visa is issue. So is it allright if we both happy to terminate contract once I get my permenent residency ?

    Reply
    1. Peng Cheng Post author

      Hi Mihin,
      No you shouldn’t be doing this – you don’t meet the requirements for the RSMS visa if you in fact have no intention to work in the role once the permanent residency is approved. The above post explains the commitment that you need to make as an RSMS applicant, and DIAC’s power to cancel your visa if you leave your employer before you fulfil your obligations.
      PC

      Reply
  13. Alison

    Hi
    My husband and I have had permanent residency since January 2013. This is through having regional sponsored visa subclass 187. I would like to know if we moved back to the uk before our two years are up, would have our permanent residency taken away?
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Alison,
      As the above post explains, the Department does have the discretionary power to cancel your visa. Also explained above is the factors that the Department will take into account.
      PC

      Reply
  14. Mik

    Hi Peng,

    thank you for the awesome work! :)

    Question for you:
    I just been granted with a 457 now I would like to go with a 187, but is it possible with this visa to open an ABN and working abroad? I know it’s a silly question, just need to know if I need to stick with the same employer and live in the regional area.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Mik,
      The obligation that you owe to your employer is explained above – but I think that you can open your own business if you are granted a 187 visa. The obligation stated above still applies though.
      PC

      Reply
  15. Cristina

    Hi Peng Cheng!
    I and my husband currently got our 857 permanent visa! I would like to know in case I am pregnant do I need to work with the employer for two years or is enough for my husband to work with them. WE work at the same company.

    Reply
    1. Peng Cheng Post author

      Hi Cristina,
      Congrates!
      The commitment to work for 2 years only applies to the primary 857 visa applicant.
      PC

      Reply
  16. Rocky

    Hi peng,
    I have been offered fulltime job with 187 sponsorship.i have got employment contract which states fulltime job -2years contract but it also says probationary period of three months will be applied. So, i would like to know that does probationary period apply to 187 visa employment contract?

    Rocky.

    Reply
    1. Peng Cheng Post author

      Hi Rocky,
      Yes – RSMS employment contracts can potentially contain a probationary period. Department’s relevant policy guidelines state:

      7.4 Probationary periods
      The question of probationary periods should not arise with nominations under the Temporary Residence Transition stream as nominees would have already been employed with the nominator for at least 2 years.

      It is common practice in many industries for contracts to refer to a probationary period, usually a period of 3 or 6 months. This does not necessarily preclude the appointment being permanent and/or for more than 2 years.

      Before deciding that the relevant requirements are satisfied, delegates must be satisfied that appointments that are subject to a probationary period will provide full-time employment.

      Examples of probationary provisions that delegates may be asked to consider include:

      • a contract that specifies an initial probationary employment period of less than 2 years with the option to extend the employment by the agreement of all parties after certain conditions are met. This does not satisfy relevant requirements and delegates should advise the nominator that they should use the UC-457 visa to bring employees to Australia until such time that they are ready to commit to unqualified employment
      • a contract that specifies an employment period of 2 or more years, with the option of early termination if certain conditions are not met or if certain circumstances arise. This contract could satisfy relevant regulations
      • some research and medical appointments that are made under statutory regulations subjecting the appointee to a probationary period within the terms of appointment. Delegates should satisfy themselves that these are permanent positions.

      Unacceptable probationary provisions

      The following probationary provisions would not be able to satisfy relevant regulations:

      • the nominator provides 2 or more contracts for the nominated position, with one contract relating to the probationary period and the remaining contracts relating to the rest of the 2 year employment period (there must be only one contract, covering the entire 2 year period)
      • the probationary period covers the whole 2 year employment period
      • probationary periods of 6 months to 1 year, unless the employer can demonstrate this applies to all employees.
      Employers who want to introduce probationary periods under any of the circumstances mentioned above are to be advised that they should use an appropriate temporary working visa to recruit a potential employee and only seek to nominate them for permanent residence when they are satisfied with the employee’s work performance.

      PC

      Reply
  17. Bob

    Hi,

    I’m currently on a 187 visa that was granted 5 months ago. I work in a very busy hospital with a really bad work culture (institutionalised bullying that management essentially ignores despite complaints being lodged, unsafe staff patient ratios and work practices), I told my manager I’d like to drop my hours to 0.84 FTE as I found the workplace difficult to work in full time but was informed a few days later that according to HR I had to work full time as I was on a 187 visa. Do you know if there is any actual requirement that someone must work full time, I know this was the case when I was on a 457 visa but I can’t find any information stating this is required on the 187 visa.

    Thanks

    Bob

    Reply
    1. Peng Cheng Post author

      Hi Bob,
      There is no condition on your permanent residency visa that required you to work full-time – but as a RSMS applicant, you did make the commitment to work full-time in the nominated role for at least 2 years from grant.
      PC

      Reply
  18. John

    Hi Peng,
    I have been granted rsms 187 last week and have been working with my employer since April 2013.i would like to know if it is possible to make work transfer with the same company in Melbourne?
    Do you think DIBP will cancel my PR even if my employer agrees to transfer my work in Melbourne or do I need to complete the 2 years in regional area as stated?
    Regards,
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      Leaving the regional area may give DIBP the power to cancel the visa. Whether they do is a completely discretionary and subjective decision, so we really can’t predict the outcome.
      PC

      Reply
  19. Tyu

    Hi there, I had a question. I am employer who have 2 employees on 187 visa. I can’t afford them any more because of lack of work. Can i change their full time contract to part time without affecting their and my obligation. I dnt need them full time. they are in 1st year of their visa grant.

    Second question, can they leave me when they apply and get their citizenship within their 1st year?

    Reply
    1. Peng Cheng Post author

      Hi Tyu,
      As stated above:
      If DIAC can’t even tell you what is going to happen before they complete an assessment, then I certainly can’t predict what DIAC will do if they decide to complete an assessment.
      The above outlines all that you really need to know from a migration law perspective. All I can do is provide you with the relevant information. I can’t predict whether DIAC will take any action if you leave your sponsor/employer as this is completely at DIAC’s discretion.
      I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closer of the business, lack of work etc.), then I think that DIAC is unlikely to take any action against your permanent residency.
      PC

      Reply
  20. Bim

    Hi Peng,
    I’ve been working with my employer since march of this year in the regional area of NSW and my PR was granted on September. My question is that can I move to Sydney and work in the same place coz it’s just 1 hr on train from Sydney to my work place or do I need to stay in regional area for 2 years? If yes then will that affects to obtain citizenship coz I’m planning to get citizenship next year.

    Thanks
    Bim

    Reply
    1. Peng Cheng Post author

      Hi Bim

      The requirements to your visa doesn’t say anything about where you need to reside and so my understanding is that you can live anywhere as long as you complete your 2 years work in that regional area.

      Regards

      PC

      Reply
  21. James

    Hi there, thanks for this site, it has been the most helpful yet.

    I am applying for my 187 visa at the moment and I am hoping for it to be granted within the next two months(so my agent tells me). All my questions about the two year period have been cleared up in this thread.

    I was looking at the citizenship website and it states that one of the requirements is having held permanent residency for 12 months. Assuming all other requirements are met, wouldn’t it be possible to apply for citizenship while I’m 12 months into the two year period?

    Reply
    1. Peng Cheng Post author

      Hi James,
      Yes – you can potentially meet the requirements for citizenship while you complete 2 years of work following the grant of your 187 visa.
      PC

      Reply
  22. sammy

    hi peng cheng !
    in 857 visa ( pr visa ) i got citizenship in 15 months and still do i have to complete 2 yrs contact or
    can i quit that job anytime whenever i want ,if i quit that now my owner can take any action to me ?

    thanks for your kind response

    Reply
    1. Peng Cheng Post author

      Hi Sammy
      You make a commitment to complete 2 years of work with your nominated employer.
      If you leave your employer before this time, the Department in theory has the power to cancel your visa although this is a discretion of the Minister and it does not mean your visa is automatically cancelled.
      Extract from above post: If you have obtained your Australian citizenship, then I don’t think that DIAC would take any action against your citizenship if you leave your employer within the 2/3 year period that you are suppose to work in your nominated role post approval of your permanent residency visa.
      PC

      Reply
  23. tim

    hi peng cheng !
    I have got australian citizen now via 857 visa within 15 months , so still do i have to complete two
    yrs ? if i quit this job now ,is it gonna happend anythings to me ?

    thank you

    Reply
    1. Peng Cheng Post author

      Hi Tim,
      I refer you to the above post:
      If you have obtained your Australian citizenship, then I don’t think that DIAC would take any action against your citizenship if you leave your employer within the 2/3 year period that you are suppose to work in your nominated role post approval of your permanent residency visa.
      PC

      Reply
  24. John Lobo

    Dear Peng,

    Kudos to you for such an informative site, I suggest you have a donation section and I am sure people wouldn’t hesitate to donate for your generous service.

    My Situation:-
    Due to current downturn in construction in WA and uncertain times ahead, I am planning to apply for the ‘quickest’ PR application and I can see 187 quicker than 186 because it saves 16 weeks on skills assessment through EA (?). Currently on 457 under Civil Engineer (23211) since July 2012, working with one the biggest construction co. of Australia. My employer is willing to sponsor me through a nominated Migration agent with decision ready application.
    Questions:-
    1. After getting my 187 if my employer make me redundant I am eligible to find another job anywhere in ‘Regional’ area without notifying DAIC? This would not obstruct my application for Citizenship when time comes.

    2. I read somewhere in your post “Your employer also needs to demonstrate that the position could not be filled by Australians in the area…”. If I am already working on 457 with the same employer, how the employer would demonstrate that.

    3. How long the RCB approval takes ‘roughly’

    4. Being on 457 I have got company letter stating Project completion bonus 15%, which is guaranted. Can I consider that in my salary, thereby it would be over $180k to claim an exemption for skill asst or IELTS.

    Thanks in advance for your valuable input.
    Regards,
    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      1. As explained in the above post, the Department has the power to cancel your visa if your employment ends before the completion of 2 years. If you end your employer and your visa is not cancelled, then you are an Australian permanent resident and you have the right to work anywhere (and to work for anyone)
      2. For a 187 visa application, the relevant RCB will require your sponsor to undertake advertising
      3. Depends on the RCB that you apply to. For WA, it is amount 1 month from when you lodge the RCB
      4. Bonus which is contingent on performance and completion of a project can’t be counted towards guaranteed salary
      PC

      Reply
  25. John

    Hi Peng,
    Thanks for reply on previous question.
    I work in townsville and got my 187 visa on October 29. I work with ALH group.
    My question is, can I make transfer of my nominated occupation wih the same group to other regional areas (hoping geelong).
    Does it have to be same area or any regional area across Australia ?
    Also if I transfer to other regional area, does it have to be same sponsoring employer or can be different employer?
    If i did make transfer, does the salary have to be market rate or can just work casual?
    Any suggestion would be appreciated.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi John
      You make a commitment under the 187 visa to work for same employer, in the same regional area and under the stated nominated role for a minimum period of 2 years. If you change your employer or your role, the Department has the discretionary power to cancel your visa although this is not automatic.

      I refer you to the above extract which may answer your question:

      Before you ask…

      Please don’t ask me whether it is ok for you to leave your employer before completing the required 2/3 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether DIAC will take any action against your permanent residency.

      I did have a client contact DIAC before he left his employer – he asked DIAC whether it was ok for him to leave and whether DIAC would take action against his permanent residency status. DIAC expressly advised:
      The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.

      If DIAC can’t even tell you what is going to happen before they complete an assessment, then I certainly can’t predict what DIAC will do if they decide to complete an assessment.

      The above outlines all that you really need to know from a migration law perspective. All I can do is provide you with the relevant information. I can’t predict whether DIAC will take any action if you leave your sponsor/employer as this is completely at DIAC’s discretion.

      I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closer of the business, lack of work etc.), then I think that DIAC is unlikely to take any action against your permanent residency.

      If you have obtained your Australian citizenship, then I don’t think that DIAC would take any action against your citizenship if you leave your employer within the 2/3 year period that you are suppose to work in your nominated role post approval of your permanent residency visa.
      PC

      Reply
  26. vivek rana

    Hi Peng,
    my permanent resident visa (187) has been granted in august 2013. I would like to ask you can we work part-time job in tax file number while we are doing a full time job with our sponsor . Or it can create problem for us?
    thank you

    Reply
    1. Peng Cheng Post author

      Hi Vivek,
      That is allowed. You hold PR so you can work as many jobs as you want, or open your own business.
      PC

      Reply
  27. jay

    Hi peng im on 187 visa im currently working with employer from 15 mnths and five months after visa granted my employer is going to sell buisnes do i need to notify diac and find another job in same field

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      You are not obligated to inform the Department. You have PR so you can work in any job, in any field.
      PC

      Reply
  28. Jeremy

    Hi Peng,

    I got a 2 years work contract from my company to sponsor my visa. I lodged my application in Sept 2013 and have started working for my employer since. I have always been confused with the two year commitment rule and would like you to clarify it for me.

    My current work contract ends on Sept 2015 however, I am still waiting on the approval of my subclass 187 visa. Assuming in the next few months (Let’s say May 2014), I get my approval from the immigration. What happens if I do not get a contract after Sept 2015? In a way, I did fulfill the two year work commitment by working from Sept 2013 to Sept 2015. Will my visa get cancelled by DIAC? Would DIAC consider my case as making a “genuine effort” to stay within my 2 years commitment?

    I look forward to hearing from you soon. Cheers

    Reply
    1. Peng Cheng Post author

      Hi Jeremy,
      As explained above, only employment completed after PR grant is relevant. Also as explained above, whether the Department decides to take action is completely discretionary, so we cannot predict the Department will do.

      Please don’t ask me whether it is ok for you to leave your employer before completing the required 2/3 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether DIAC will take any action against your permanent residency.
      I did have a client contact DIAC before he left his employer – he asked DIAC whether it was ok for him to leave and whether DIAC would take action against his permanent residency status. DIAC expressly advised:
      The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.
      If DIAC can’t even tell you what is going to happen before they complete an assessment, then I certainly can’t predict what DIAC will do if they decide to complete an assessment.

      PC

      Reply
  29. Jeremy

    Hi Peng,

    Thanks for your reply. I am pleased to say my employer nomination has been approved and I have been given a case officer.

    Unfortunately, I still have a few documents that my case officer requires for further assessment. I did my health check up last year in Sept but my case officer is asking for my medical checkup record. I already sent multiple emails to him but have yet to receive a single reply from him. I remembered asking the Medical officer and she told me that the medical health check results will be sent directly to DIAC. What should I do now? Should I arrange for another referral to the medical center?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Jeremy,
      I don’t think that there is anything for you to do if you have completed your health examinations already. Just wait for your case officer to contact you.
      PC

      Reply
  30. Nikki

    Hi Peng
    This is my situation. I had my RSMS visa for 2 months, however the business where I work has been sold due to my boss’s finance problem.
    So my question is do I have to give DIBP the notice about that? I have received the job offer from other company in the same filed, so can I start the new job in other company? will it affect my PR?

    Reply
      1. Nikki

        Thanks for your responded Peng
        So if I dont have to inform DIBP, does my employer have to do it? or he either doesnt have to do that as well? Because my employer has too much stress now so he is not bother to inform DIBP. I have started working for the new company in the same position, so is that better if we just keep quiet like this ?

        Reply
        1. Peng Cheng Post author

          Hi Nikki,
          The Department can find out anywhere – if the employer has closed, other government department records will reflect this, like ATO and ASIC.
          I don’t think that the employer is under any specific obligation to inform DIBP.
          pc

          Reply
          1. marie

            hi
            I have the same probelm. I have had PR for over a year now but my boss sold the business a couple of months ago. The business still has the same name and not much has changed (its a childcare centre) but the ABN has changed so does this mean I am no longer obligated too remain here for another year as the contract I had was between myself and the previous employer before it was sold?
            Do I need to inform immigration?
            Thanks.

          2. Peng Cheng Post author

            As stated above:

            If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):
            1. 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)
            2. 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
            3. 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
            4. Any other matter which is relevant to the commencement or termination of the employment.

            My reading of the law is that the obligation doesn’t carry on to a different and subsequent employer that takes over the business.
            PC

  31. Amanda

    Hi Peng,

    Firstly – congrats on such a great website. I have got answers in reading for 5 mins what I have been trying to find our for last 5 months !

    Can you tell me if DIAC/DIBP are obligated to contact you in writing to inform you that they are considering cancelling your RSMS visa or can they just put you right back on the plane again when you arrive in Oz? I was with my employer for 14 months from commencement of employment (19 months from grant of Visa) after which I had to return to the UK due to a family emergency. I want to return to Oz permanently next month.

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Amanda,
      You will receive written communication, and be given a chance to respond. A case officer will be assigned to consider the matter.
      PC

      Reply
  32. Muhammad

    HI,
    i was wondering to ask about 187 visa.
    i have been working on 187 visa for last 5 months ,
    My visa Obligation is””” remain employed in the nominated position in the regional area for at least two (2) years””

    In case if i am sacked from job and i find another job in my nominated position and starting working there .
    Will there be any effect on my visa. ?.
    Because it does not say on my “”obligations”” that i must work with my”” nominee “”

    Thanks in Advance

    Reply
  33. CT

    HI peng,

    I have 119 visa granted on november 2012 , I have started to work with this compony since 2011 december now is 2014 january but thing change , business is going down , there is a change that I will get redundant, now my boss is decide to put the business for sale , i don t know when i will get redundant nor if the new owner decide to keep me or let me go but my intention is to finish my contract until this year november 2014 so in that way i finish my obligation for 2 years contract after granting the visa but i can not control my boss not to make me redundant as the business is going down.

    My question are

    1 will DIAC cancel my PR ?

    2 What I should do if i get redundant ? should i continue on and find another job as i need to pay my bill.

    3. should i notify DIAC my current situation if i get redundant or just continue with my life here?

    thanking you in advance

    CT

    Reply
    1. Peng Cheng Post author

      Hi Ct,

      1 will DIAC cancel my PR ?

      The above post does explain that we cannot provide you with a definite answer. We do state: If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):
      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

      2 What I should do if i get redundant ? should i continue on and find another job as i need to pay my bill.

      You have Australian PR – you can live where you want and work in any job. Department will contact you if there are any issues.

      3. should i notify DIAC my current situation if i get redundant or just continue with my life here?

      I don’t think that you are obligated to inform the Department.
      PC

      Reply
  34. George

    Hi Peng,

    Great website, is a great help I am confused by this statement:

    “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”

    Does this mean if my employer and I had agreed before we submitted the application that I would be leaving once it was approved that this is okay? or is it stating that this is a valid reason to cancel a visa?

    Can I lodge an employer nomination before the end of my 2 year contract with them?

    Thanks

    George

    Reply
    1. Peng Cheng Post author

      Hi George,
      Does this mean if my employer and I had agreed before we submitted the application that I would be leaving once it was approved that this is okay?
      No – the above statement is expressly prohibiting this.
      PC

      Reply
  35. Dipendra karki

    Hi this is karki .I would like to know my Rsms sponsership visa , I am currently working with my employer under the 2 years Rsms . Now it has been finished 1 year .so I am planing to quit current employer and want to go another employer , But I have not find yet another employer , so my queries is that how long I will get time to get another employer once I quit current employer ? Please advice me this will be appreciated !! Thank you . King regards :- Dipendra karki .

    Reply
    1. Peng Cheng Post author

      Hi Karki,
      You are an Australian permanent resident – there is no time limit by which you need to secure another employer. As an Australian permanent resident, you are not obligated to work.
      PC

      Reply
  36. Chathu

    Hi Peng,
    Fist of all I would like to thanks for the service you providing.

    I have a query about RCB approval. It will be great if you can advice me . I’m on 457 visa and have been working for my employer for 1 yr . Employer wish to sponsor me for 187 . to get the RCB approval from WA they say ” position has to be advertise within 3 months and not less than 2 weeks directly preceding the application for assessment” .
    Is that mean employer has to keep advertising the position for over 3 months ? or is it enough to put 1 advertisement ?

    Reply
  37. Penney

    Hi Peng,

    I was granted my rsms less than a year ago and have my partner as a defacto. Since then i have received news that my mother is very unwell so I have made the decision to move home for a year to support my sister with taking care of her. I have worked for the company for almost three years and just told my boss that I will be leaving at the end of the month. She has now said she will be informing DIAC of my not staying with the company for two years. My partner is unable to move home due to work commitments here so I was wondering if DIAC decide to cancel my visa will this affect his also?

    Any info at all will be much appreciated, thanks!

    Reply
    1. Peng Cheng Post author

      Hi Penney,
      If the Department does decide to take action, then it can affect your partner’s visa as well. We honestly can’t predict what the Department will do.
      PC

      Reply
  38. Inder

    Hi peng

    I am on 457 visa from 4 April 2012, and my two year will be completed within 2 month, but now at the same time my owner got banned letter from integrated immigration officer for 2 year, because according to case officer he didn’t fullfill sponser’s requirement. Like according to officer I am under paid 0.30 per hours. Because in my offer letter my employer committed that he will 50,000 per year on 38hrs/ week but I am getting pay from last 2 year $24 / hr and I m working 40 hours, now my owner is taking legal action. Does it work, can my owner win the case or not if yes can I apply for PR under ENS and if my owner lose the case then what are the option for me please help
    Me,
    Thanks
    Inder

    Reply
    1. Peng Cheng Post author

      Hi Inder,
      We can’t predict what action the Department is going to take – we can say is that if the sponsorship is cancelled because of the breaches, this will affect your sponsor’s ability to sponsor you for PR. I’d say that if the breach was so serious that the sponsorship is cancelled, then I don’t think that that employer will be able to sponsor you for PR.
      pc

      Reply
  39. Rez

    Hi Peng

    Thanks for such a nice blog.
    I have been granted RSMS 187 direct visa, it’s been around 5 months since I got visa. I was about to start my employment but now my employer saying their business going down they don’t need me any more ! What should I do now and what might be my obligations. Also can I stay anywhere in Australia now.

    Please help me.
    Kind Regards
    Rez

    Reply
    1. Peng Cheng Post author

      Hi Rez,
      I don’t think that you are under any specific obligations – you have Australian PR so you can live anywhere.
      PC

      Reply
  40. Anne-Marget

    Hello Peng,

    I am on a RSMS visa as well with a year obligation I was granted my PR on July 1 2013. In March I will have been employed with the company for 2 years does this count or do I have to wait till July 2015. Also I just found out that I am pregnant I am due Nov 4 2014……can I take maternity leave and does this count as still being employed with the company?

    Reply
    1. Peng Cheng Post author

      Hi Anne-Marget,
      The 2 years is from grant of permanent residency. There is actually no Department guidance on whether maternity leave can count.
      PC

      Reply
  41. Asa

    Hi,
    I am on the 187 visa and would like to know what happens if i get pregnant before the end of the two years commitment (I have 20 months to go from now)

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Asa,
      There is actually no Department guidance on whether maternity leave can count – a 187 visa holder can certainly take maternity leave.
      PC

      Reply
  42. popo tran

    i am currently on 187 visa which granted on 13/ november 2013,
    i would like to aks what happen if i am accidently get pregnant, do i get my visa cancelled or not? i i have been in australia for 10 years now.
    thanks very much
    ptran

    Reply
  43. Julie

    Hi Peng,

    I am currently on a 187 visa. I have worked for my employer for 12 months while my visa was processing. I was employed and sponsored in a Senior Management role, however since the promise of sponsorship my role has changed in its entirety. I carry out a very junior ‘dogs body’ role, am submitted to humiliating tasks and feel bullied in the work place. I am trying my best to ‘stick it out’, however I have just under 2 further years to complete. Should I leave my employer and the DIAC do follow my case up, is there evidence I can put in place to protect myself? Eg; a run down of daily tasks, witness statements etc?

    There is literally nothing on my contract I do, I have been refused annual leave, sick pay, superannuation, and regularly do unpaid overtime and a entirely different job role.

    Your advice would be appreciated, although I understand there is no guarantee with the revoke of the visa – I just want to ensure I have protected myself in every way possible.

    Many thanks.

    Reply
    1. Peng Cheng Post author

      Hi Julie,
      Perhaps you can collect some evidence of your daily work which can demonstrate that it is inconsistent with your nominated role. Statements from colleagues can help. If you can demonstrate that you were not paid your proper salary or leave entitlements, that can certainly help too.
      PC

      Reply
  44. John

    Hi Peng,
    This is really an interesting blog..
    12 months in Rsms is considered to be genuine effort. If I am to apply for citizenship after 12 months, should I still be living and working in regional area or it can be applied from anywhere?
    Will there be further investigation by the immigration when I apply my citizenship even after working 1 year in regional area?

    Reply
  45. alex

    hi i got my PR dec 2012 with RSMS visa .now i got my citizenship approval letter from DIAC i wnna leave my employer ,i just wondering can i leave my employer as i have two year contract because i haven’t finished two year here . plz let me know

    Reply
    1. Peng Cheng Post author

      Hi Alex,
      As stated above:

      Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.

      PC

      Reply
  46. nirmal

    hi
    peng
    i have granted regional sponsor visa 187 from nsw and my wife also in same visa can my wife go to sydney and work over there

    Reply
  47. Jane

    Hi,

    I have been working for my company for almost 2 years and they decided to sponsor me on the visa 187. I have received approval of PR a 2 months ago and now they want to make me redundant. Is that not a breach of contract as it says in the conditions of the position is “permanent role which would be available for at least 2 years”. Is it then legal to make me redundant without a genuine attempt to keep me employeed . What if I am not the only one that they have done too? That they sponsor a lot of people who left right after and they didnt report on anything.

    Thanks

    JANE

    Reply
    1. Peng Cheng Post author

      Hi Jane,
      Sorry but these are actually employment and contract law matters – under migration law, employers are under no obligation to provide sponsorship for permanent residency. You’ll need to speak with an employment or contract law solicitor if you think that your employer has breached your contract.
      PC

      Reply
  48. Arun

    Hi Peng
    I am a social worker and enquiring on behalf of my client. My client is granted RSMS visa applied through the employer where he was working before. The visa states that the applicant must commence work with the employer with in 6 months from the date the visa is granted. My question is whether or not he is allowed to work else where for this 6 months period due to limited production at the previous employer who applied for the visa. The employer has no objection in doing so and accepted that my client can work with him later when the production is reinstated to normal. Your response is highly appreciated.

    Regards

    Arun

    Reply
  49. Walter

    Hi Peng

    Im currently on a 187 visa which i have had for just over a year and previously i was on a 457 visa for the 2 years prior to grant of the 187 visa both of which have been held with the same employer in continued employment.

    Regarding the 2 years of employment obligation I have the following query, I keep reading in forums etc that the 2 years commences from the date the 187 visa is granted however after trawling through all my visa application and grant notifications i have only been able to find the following two statements:

    1. On my grant notification for the 187 visa it states that i must meet the following obligation “remain employed in the nominated position in the regional area for at least two (2) years”

    2. On the visa application form that i signed and submitted with my application to the DIAC it stated “The applicants declare that they:
    Understand that visa may be cancelled if if the position is left within two years of commencement of employment with the nominated employer”.

    Neither of these statements say it is after the visa is granted. As i have been with my employer in the same position and location for 3 years (2 years on a 457 and 1 year on a 187) has the 2 year obligation been met? I cannot find any wording in any documents i signed or received from the DIAC saying that the 2 years commences from the visa grant date (i only have the statements above) if you can clear this up it would be appreciated.

    if it helps my visa was applied for in later 2012 and granted this time last year.

    Many thanks

    Walt

    Reply
    1. Peng Cheng Post author

      Hi Walt,
      The 2 years is from grant of PR – you can contact the Department yourself to confirm that this is the interpretation that they will apply.
      PC

      Reply
  50. Ramona

    Hi Peng Cheng!
    I have a question regard the RSMS visa! I would like to know, holding the RSMS visa and being the main applicant of the visa , in case I am pregnant do I need to work with the employer for two years, while I’m pregnant? If I need to rest after 7-8 months, would this affect my currency visa? Thank You

    Reply
    1. Peng Cheng Post author

      Hi Ramona,
      RSMS visa holders can take maternity leave – this won’t affect your visa.
      PC

      Reply
  51. Tara

    Hey ping!

    I have worked for just over a year with my employer but my visa is only approved 5months. In your personal opinion do you think DIAC would cancel my visa if my employer and I leave on mutual terms. I was moved to a different position in the centre that has the same position title but different roles and responsibilities, I complained and told her I was unhappy in this position, she could not offer me my old position as someone more qualified had replaced me so we are drafting up a statement to agree we both part ways in a mutual agreement. Do you think DIAC will cancel my visa?

    Any advice would be appreciated,
    Thanks
    Tara

    Reply
    1. Peng Cheng Post author

      Hi Tara,
      As explained above, the information in the above post is all the information that we can provide on this matter.
      PC

      Reply
  52. nehs

    Hi Ping,
    I just have a question with the RSMS visa, do we need to work a specified number of hours or we are allowed to work for only 60 hours?
    Thank you!
    Nehs

    Reply
  53. David P

    I’ve been on a 457 visa for 18 month. My boss and I want to partner up on a project which include the creation of a new company. I would be working 2/3 on my current position and the other 1/3 for the new business.
    Obviously my current visa doesn’t allow me to work for another company or even start my own business.

    Would it work with a 187 or 186?

    thanks,

    Dave

    Reply
  54. Jeff hardy Erum

    Hi peng,

    Please advise me that I got my PR through my wife main applicant on RSms 857 visa last July 2013 , now I have one daughter and my wife always fighting with me and said I should leave herb she said you will not get your citizenship hence she was the main applicant in the PR?
    And she said if I inform now the employer you will be get the cancellation of your PR?
    Pls advise what I should do ?

    Kind regards

    Jeff Hardy Erum

    Reply
    1. Peng Cheng Post author

      Hi Jeff,
      The breakdown of your relationship shouldn’t affect your visa. She can’t inform the employer to get your PR cancelled.
      PC

      Reply
  55. Mann

    hello Peng
    i need some info on dis:
    ( taxi proprietor)
    what my qualification should be ?
    who could nominate me ?
    do i need to be a taxi operator ?
    please guide

    Reply
    1. Peng Cheng Post author

      Hi Mann,
      You need a relevant AQF Associate Degree, Advanced Diploma or Diploma (or higher qualification).
      You may be able to apply for that occupation under the 187 through the sponsorship of a regional employer.
      PC

      Reply
  56. greg

    hi peng

    i need some advice im currently on a 857 visa i been on these visa for 16 months. been here in australia for 5 years. and my boss is really harsh on me i call last monday to have a day off cause its school holiday and no one will look after my kids. and then after that day tuesday he wont let me go to work. and he wants me to call him which i didnt do cause im tired of him yelling at me. and last time i call in sick he gave me a final warning which i had medical certificate and now im so stress and depress i cant go to sleep. can i leave my employer now?

    thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Greg,
      Refer you to the above post:

      If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):
      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.

      PC

      Reply
  57. harman

    hi peng
    myself Harman. Am on 857 visa now and been on this visa sice feb 2013. Am working there full time .But now my employer wants me to work as a casul, because he told me that he cannot pay me . wil it make any difrenence to my PR.
    thanx peng
    harman

    Reply
    1. Peng Cheng Post author

      Hi Harman,
      I don’t think that the Department would take action in such a situation – but we can’t give a definite prediction since the action that the Department can undertake is completely discretionary.
      PC

      Reply
  58. anu

    hi peng
    i got PR approval 187 rsms in jan 2014..my employer wants to close his business..its only 3months that igot approval…so i am worried about my situation..what are the options for me…is it effects to my visa?..is that alright if i work in any other places in same regional and is any conditions for part time or full time..
    waiting for ur reply
    thanks
    anu

    Reply
    1. Peng Cheng Post author

      Hi Anu,
      I don’t think that the Department would take action where the employer has closed the business – but we can’t give a definite prediction since the action that the Department can undertake is completely discretionary.
      If you leave your employer, you have PR – you can work wherever and work for anyone.
      PC

      Reply
  59. menaka

    Hi Peng,
    I already sent the message regarding my case. but I haven’t get reply yet. as I mentioned before I have granted rsms 857 visa one month ago. However I want to make sure is that possible to do part time job in city area for tax file number. If I do that in city area it will getting trouble for my visa. Could you please reply me..I really appreciate your reply.
    Thank you,
    Regards,
    menaka.

    Reply
    1. Peng Cheng Post author

      Hi Menaka,
      You are allowed to have another job, even if this job is not in a regional area.
      PC

      Reply
  60. Helen

    Hi Ping

    Just a quick question…. After working with the selected employer on the 857 RSMS visa for 2 years… is it then okay to leave and work in another location that is not rural… ie Brisbane, Sydney etc??

    Thank you
    Helen

    Reply
    1. Peng Cheng Post author

      Hi Helen,
      Sure that is allowed – you have PR, you can work anywhere and work for anyone.
      PC

      Reply
  61. Ram

    hi peng,
    Love the site its so helpful.I am in 187 visa and visa has been granted before 3 months. In Permanent visa granted the obligation is i have to remain as an employer in nominated role for 2 years in regional area which doesnt said with the company. As a contract i suppose to work 38 hours a week but i hv to work more than 50 hours a week. is there any problem if i leave current employer and work for someone else in regional area in same position. Will be so great if you can help me with this thank you
    regards
    ram

    Reply
    1. Peng Cheng Post author

      Hi Ram,

      Sorry – I’m just going to extract the advice in the above post since it answers your queries to the best of our ability:

      If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):
      1. 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)
      2. 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
      3. 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
      4. Any other matter which is relevant to the commencement or termination of the employment.

      None of these examples in policy seem to apply to your situation

      Before you ask…
      Please do not ask us whether it is ok for you to leave your employer before completing the required 2 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether the Department will take any action against your permanent residency.
      One of our clients did contact the Department before he left his employer – he asked the Department whether it was ok for him to leave and whether the Department would take action against his permanent residency visa. The Department expressly advised:
      The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.
      If the Department cannot even tell you what is going to happen before they complete an assessment, then I certainly cannot predict the Department’s actions.
      I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closure of the business, lack of work etc.), then I think that the Department is unlikely to take any action against your permanent residency.
      Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.

      PC

      Reply
  62. Ram

    Hi peng hope you are doing very well! I am in 187 visa and already got visa aporoval now my employer is trying to change the old contract which is he changed the working hours from 38 to 50 hours ! I hv got both contract bg havent sign the changed one. Do you think its legal? If not What soulf i fo with this matter. Looking forward to hear from you thank you
    Regards
    Ram

    Reply
    1. Peng Cheng Post author

      Hi Ram,
      This isn’t really migration law related – its a contract and employment law matter so I can’t advise on this.
      PC

      Reply
  63. Nick

    Hi Peng.

    I was granted my RSMS 119 visa on November 2012, i started to work for my employer the following January. Before i started he told me that he was going to pay me a a contractor as it would be much cheaper for him even though i had signed a contract that i would be in full time employment with payment of super etc. So i got myself an ABN number and worked for him for 3 months. After 3 months he told me that things where quiet and would let me know if worked picked up again.
    For 5 months i worked for another employer and eventually went back to my employer that nominated me.
    I worked for another 8 months as a contractor for him and he eventually sacked me as he said i wasn’t up to the job.

    I was never payed any super or got any of the entitlements that was in my original contract. He has mentioned to me that he is going to contact immigration to get my Visa canceled.

    Can he do this Peng?

    Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Nick,
      He can report whatever he wants to the Department, but as explained above, if the Department undertakes and investigation you will be given an opportunity to respond.

      Reply
  64. Dawn Fraser

    Hi

    I received PR (regional employer sponsored) on 20 February 2014. My husband and I are considering starting to do property renovations and would start our own business to do this. Am I allowed to do this while on this visa and can I leave work to focus on the business fill time before I reach 2 years with my employer?

    Many thanks

    Reply
    1. Peng Cheng Post author

      Hi Dawn,
      You are allowed to start your own business, and work another job. Possible consequences of leaving the sponsor are outlined above.
      PC

      Reply
  65. John

    Hi Peng,

    I am a current 457 visa holder, this May I’ll be applying for a permanent residency, however, I found out that the employer is sponsoring a 187 visa. My wife is concerned that if we’ll have a 187 visa she might not be able to get a job or work around Perth as she read in one of the blogs that a woman here in WA is having trouble looking for a job in Perth area as she has a regional 457 visa. Is it also applicable in 187 visa? Thank you in advance for you reply, much appreciated.

    Regards,

    John

    Reply
    1. Peng Cheng Post author

      Hi John,
      The obligation is just for the primary applicant to work in the nominated role for 2 years. Dependent 187 visa holder can work and leave anywhere.
      PC

      Reply
  66. Chris

    Hi peng,
    My name is Chris, i am a 187 visa holder. My visa was granted last Nov 2013. I am just enquiring and have a few questions regarding a change in my employers circumstances. Here are my questions:
    1) my employer file for bankruptcy last month and she said the company name and owner change, but she will still run the new company under her friend’s name.
    Am I still gonna finish the 2 year term even though she’s not the business owner?
    2) can i apply and look for a new job in main land? Under RSMS187 visa?

    Many thank’s
    Chris

    Reply
    1. Peng Cheng Post author

      Hi Chris,
      The Department’s policy doesn’t really say anything in relation to whether the obligation carries on if the employer closes. I personally don’t think that the obligation carries on but as I say, policy is silent on this matter.
      All other relevant information is contained in the above.
      PC

      Reply
  67. Pragnesh Patel

    Hi Peng,
    You are doing great work. I just want to know that what is the latest allocated dates for RSMS 187? I got positive RCB advice on 1st week of April 2014 and put the visa file & nomination file in 1st week itself. Can you please tell me how much time it will take and how can i see the update about RSMS 187 file, except on line IMMI account?

    Reply
  68. Inderjit Singh

    Hi peng, can u pls help me to find an answer about my question . I am on 187 visa from 1 year and now I am going to apply my citizenship . After getting citizen can I leave my Work or if I do so is there any risk for my citizenship . Thanks

    Reply
    1. Peng Cheng Post author

      Inderjit,
      As stated above:
      Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.
      PC

      Reply
  69. Mike

    Hi

    I entered Australia as a post-doctoral with 457 visa in Nov-2012 and i got my 187 Regional PR in Nov 2013. Does that mentioned two years of remaining with my current sponsor include the a year of having 457 visa with them? Actually Nov 2014 the two year of working with my sponsor will finish (including 1 year of 457 and 1 year of 187RN). Do you think can i find a job in other cities (not regional) and change my sponsor without missing my PR?

    Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Mike,
      As explained in the above post, the commitment is to work for 2 years from the grant of PR.
      PC

      Reply
  70. Ash

    Dear Peng.

    I am here on Subclass 119 Visa, RSMS and i work as a welder. My visa was granted on 1st of July, 2013 and i started work with the employer on 5th August, 2013. However, it has been 9 months, and I have received a termination letter stating my job is unsatisfactory. Also note that , together with me , there were 4 more boys who joined this employer the same way , and they have been given the same reason in their termination letter. We are unsatisfied with the reason as we are well aware that there are less jobs in the company , and from February we have just not doing much of work. Our termination letter jsut doesnt make sense. But the manager has employed few more staffs who is his brother and mates, and has given us termination letter to us. Also We are not paid as per the contract we agreed and signed when we applied for the job and visa. As I have not completed even 12 months yet, and the manager, despite knowing that he is terminating us due to lack of jobs at work , has given us a reason in termination letter thats not true. Will my visa get cancelled due to this termination ? and Please can you advice what can i do to hold on to my visa ? Thanks.

    Regards,
    Ash

    Reply
    1. Peng Cheng Post author

      Hi Ash,
      As explained above, we honestly can’t predict the action that the Department can take, if any action at all.
      You have PR do you have the right to work for anyone and to live anywhere. Honestly, I don’t think that there is much that you can do other than to address any concern that the Department raises with you (if the Department contacts you at all).
      PC

      Reply
  71. Tony

    Hi Peng,

    I have just been granted my 187 subclass visa in the last month. My employer sponsored me on the TRN scheme after two years of employment. I have just been offered a fantastic new opportunity with a different company. This role is in the same field as my nominated occupation, but it is a promotion and a better career opportunity for me.

    What are the options for me?

    Kind Regards,

    Reply
    1. Peng Cheng Post author

      Hi Tony,
      The above post really does contain all the advice that we can provide on this matter.
      PC

      Reply
  72. Ren

    Dear Peng,
    My wife woks in regional Australia, both of us have been granted RSMS 187 (subclass RN) recently with me as her dependant. I am a web developer and finding it difficult to get a job in this place. I understand that my wife needs to work with the nominated employer for 2years. Could you please advise on the following:

    1) Me being the dependant , is it possible for me to find a job in some of the major cities in Australia or do I need to be with my wife till she serves the 2 years with her nominated employer.

    2) Does this visa allow both of us to relocate and work in some of the major cities in Australia after my wife completes her 2year term with her employer.

    Thanking You!

    Regards,
    Ren

    Reply
    1. Peng Cheng Post author

      HI Ren,
      1. Dependent visa holder can live anywhere and work for anyone
      2. Yes you can
      PC

      Reply
  73. Meichen

    Hi Peng

    I obtain a 187 Visa which was granted on the 11th of June 2013. In November 2013 my employer made me redundant. I sent notifications to DIAC in good faith that I should be reporting these changes to my status. Yesterday 19th of May, I received an e-mail from a DIAC officer requesting to confirm the e-mail address and permission to send electronically a letter on the behalf of the Delegate of the Minister of Immigration and border protection. What concerns me is that in the subject of the email it shows “Cancellation Notification”. I sent the officer and e-mail providing explanation and some documentation attached. However I have not received any answer yet but I do not know what to expect. Is DIAC entitled to Cancel my VISA based on these facts?
    Thanks

    MC

    Reply
    1. Peng Cheng Post author

      Hi Meichen,
      As explained in the above post, the Department has the power to possible cancel a 187 visa – whether they take any action is discretionary so it is not really possible to predict the outcome.
      PC

      Reply
  74. Sydney

    Hey Pegn,

    Like all the other guys I’m on a RSMS visa and have received my residency. Before my question i want to share some facts with you so u know where I’m coming from.

    1. Ever since the visa kicked in my employer treats me like slave labour, by this I mean i work anything between 50 and 6hrs a week when my contract specifies 45hrs, don’t get paid for the extra hrs even though my contract says if I’m called into work of required to work extra hrs the company will pay for

    2. After Speaking to fair work Australia, I found out i get paid below minimum wage. Informed the Head Chef, the Duty Manager and one of the owners, but no one seems to care. On the contrary have been shown the door on two occasions, cause their attitude is, if this u can’t work in these conditions you can leave, knowing very well i can’t.

    3. Iv been approached by companies paying me more money at a higher designation but when i ask them for a raise they have laughed, I mean really laughed and asked me what id do with the extra money

    4. The most important one off all, they have sponsored 5 employee in total, but only 2 of us work in the field that we are sponsored in the other 3 sponsored as chefs have never done a hard days work in the kitchen.
    My Question is, can i leave and if i dobb them in will my visa get effected, iv had one bad experience for doing the right thing, or should i wait for my citizenship.

    Reply
    1. Peng Cheng Post author

      Hi Sydney,
      The potential consequences are really explained above – there isn’t really much else that we can add to the above advice sorry.
      PC

      Reply
  75. Pjerry

    Hi,
    I am considering leaving my employer due to the following reasons.

    - Salary is low,
    - my wife can’t get work in our town,
    - no access to full time childcare,
    - im in the job 12 months with no problems, employer is great but financially i can not survive

    would you consider this a genuine cause for my concerns.

    Reply
    1. Peng Cheng Post author

      Sorry Pjerry but we really don’t have any further advice other than what is stated above.
      PC

      Reply
  76. gurpreet

    Hi peng my name is gurpreet I am living in Sydney since 5 years as full time student I have done chef course and I have got 2 years experience in same field in remote area I got 6 ielts band all over but in writing I got 5.5. I wanna apply for rsms can u tell if my employer says that he doesn’t need writing at work place..so can I apply for rsms
    Will it be aprove? ? Or is there any alternative to apply for PR

    Reply
    1. Peng Cheng Post author

      Hi Gurpreet,
      You must meet the English requirement if you want to apply for RSMS. Such a letter from your employer won’t be sufficient.
      PC

      Reply
  77. Alice

    Hi Peng,

    I work now for a year on a 457 visa, and have just been granted a 187 visa, but things really changed in a negative and bad way ( some thinks are just not right and honest )
    I work in a seasonal business and we are closed from November till March.
    After that i consider to look for a new job, because this is making me negative and not happy anymore.
    1. I am a permanent resident on a 187 visa, i want to notify my caseofficer about the thinks that happened at work so i protect myself, but can i work with another job or do i have to find a new sponsor who is willing me to sponsor for 2 years?

    2. I am pregnant, what if i leave now? Due is December 2015.. No new sponsor will take me on with me pregnant..

    I dont know what to do, can you please give me some directions?

    Thanks Alice

    Reply
    1. Peng Cheng Post author

      Hi Alice,
      Sorry but as explained above, all the advice that we can provide on this matter is contained in the above post.
      PC

      Reply
  78. Harish

    Hi Peng,

    My RSMS visa 187 got approved on 20 October , 2013. Currently there has been problems with the business : unable to make money , unable to affort all the chefs( including two other sponsored chefs) and staffs.

    I received notice from Boss that they cannot keep all staffs and run the business so i was given one month notice to leave the job.I want to work there but i have no choice left, 2 Years contract will not be met. We are both leaving in good terms and not informing the immigration department.

    Now i am planning to move back to sydney and find a job and in Nov 2014 apply for Citizenship as i will complete living as PR for one year. However my concern is i will be changing my address which will not be of regional australia so while applying for citizenship i will have that address So i was wondering if that would effect me from getting citizenship? will immigration ask me any questions ? what would be a careful step?

    I would highly appreciate your time and guidance on this situation.

    Regards,

    Harish

    Reply
    1. Peng Cheng Post author

      Hi Harish,
      I think that you can satisfy the requirements for citizenship even if you have left your employer.
      All the advice that we can provide in relation to the possible consequences is outlined above.
      PC

      Reply
  79. Albert Gotham

    Hello Peng.
    Just a quick question.
    I am chef. I have got 187 PR for my last two months. Work conditions are really bad. I am still happy to work there for my contract period. But i wanted to report to health department whats going on there.
    These are few examples:
    1. Employer is using expired raw material to cook meal.
    2. Employer is removing/hiding expiry dates from food and drinks.
    3. Employer is paying 50% less pay rate per hour for other workers and forcing them to sign payslips with less hours to compensate the difference.
    4. No leaves at all. forcing them to work even if they are sick.
    and lots more too.

    I have all proofs with me to disclose what he is doing. If i report him, will it effect on my PR status too?
    Because I am sure that health department will shut down that restaurant after investigation.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Albert,
      I don’t think that would impact your PR, but we can’t provide definite advice on such a matter as it is up to the Department to decide whether they want to complete an investigation.
      PC

      Reply
  80. Rach

    Hi Peng,
    Im on a student visa studying childcare, my work limitations is 20 hours a week or 40 a fortnight, my partner is DeFacto so he also is only working 20 hours, ican this be changed? I know of a few people who said immi have told them that the partner can work fulltime, but we didnt want to risk it without advice

    Also my employer is sponsoring me but my course doesnt finish until november or december, but my visa doesnt expire until march 2015, is it true that she cant sponsor me until my visa expires or just until i complete my studies? I have my diploma in childrens services, which is the correct qualification for the RSMS im currently enrolled in the advanced diploma,

    Thanks in advance
    Rach

    Reply
    1. Peng Cheng Post author

      Hi Rach,
      That depends on the student visa that you hold. A dependent 574 student visa holder is allowed to work full-time. But most dependent student visa holders are not allowed to work full-time, except when the primary student visa holder’s course is not in session – this can’t be changed.
      PC

      Reply
  81. pamu

    hi peng,
    i m in big stress now n i m worried about my visa, i started to work in dec 2012(18months) before, my 187 visa was granted last 25th of june 2014, its been just 11 months only, and this last week 31st of may suddenly my boss fired me on the spot, physically abused me because of i denied to washing dishes, i denied because i was busy for doing prep for night function,n i m hired for cook for 2 years under a 187 visa. she always forced me to do dishes.it was not my duty n it was not in my job contract n job description. so i had argument with my owner and she physically abused, assaulted and threatened me in front of all co-workers, n she said they will complain to the immigration and cancel my visa.it was on saturday evening n everything closed, so i went to the police station n complain,give statement about incident. and i have also another issue that my owner is breeching contract, i am working more than 38 hrs, i m getting less salary,which is different $8,000 p/a.(Eight thousand). i have proof of different payslips, contract paper.n i already complain to fair work for UNFAIR DISMISSAL. even they didn’t give me any written n verbal warning and termination letter.
    so i am living with my family in regional area, i am eligible for citizenship n planning to apply citizenship this 26th of june 2014. so, still can i apply my citizenship, so do u think DIAC will take the action n cancel our visa?? or do i need inform to DIAC??
    could u help n give right way plzzzz…
    thanking you!
    pamu
    Reply ↓

    Reply
    1. Peng Cheng Post author

      Hi Pamu,
      I think that you can apply for citizenship.
      As explained above, the Department does have the power to possibly undertake investigation and take action, but this is completely at their discretion.
      PC

      Reply
      1. pamu

        Hi peng , thank you for reply . i am wondering what happens if i apply my citizenship on 26th of june 2014 but receive “my PR cancellation notification” from the dept. of immigration after applying my citizenship which will be still in process. or what could be happen even if my final PR visa cancellation notification is issued before granting of my citizenship???
        still worried !

        Reply
  82. Mel

    Hi Peng,
    I have been working for my employer for 18 months but I have been granted PR under the 187 only 2 months ago. I would like to apply for a job in the same position but different company with more diverse duties. Will DIAC likely to cancel my PR if I change employer?
    Thank you for your answer,
    Mel

    Reply
    1. Peng Cheng Post author

      Hi Mel,
      All the advice that we can provide on this matter is contained in the above post.
      PC

      Reply
  83. joseph

    hi ping!

    i lived here in australia 1 yr. now, through fiancee visa. my wife and i married last january 2014. after month of our marriage we broke up. she always texted me if i already get a ticket, for me to leave and go back to my country. at times of our marriage instead of sleeping beside with her at our room, i sleep in living room, for there is a note that “keep away in my bed”. she always get mad for no reasons, that i have anxiety and it already affect my health aspects at that time. without no direction and financially incapability at that time, i decided to leave in the house and rent a little room and trying to survive here in australia alone. my question is.. can i still lodge my application without her? or whats my next step? im stranger here and dont know things bout australia. want to report my situation in immigrants and fight my citizenship.. her mother, aunts and grandmother wants to help coz they know my situation and they want to witness in favor of me. please help me ping!

    Reply
    1. Peng Cheng Post author

      Hi Joseph,
      Sorry but you can’t do the PR application if the relationship has ended. Technically you are obligated to inform the Department, and your partner is also obligated to do this. This will be assessed when the Department looks at the PR application. As I said, if the relationship has ended, the application can’t be approved.
      PC

      Reply
  84. geet

    hi peng
    am geet…i came in austalia with my husband in 2009 on student visa…last month i got pr through tha rsms…bt in last 5 year my relationship is over..and now i want divorce from my husband and want remarry with new partner..he is now in other country..so i want confirm i i will get divorce then i can sponcer my other partner…also plz tell me this breakup will affect my husband visa or no becoz he is depend on my visa..but now we both pr here..thanx

    Reply
    1. Peng Cheng Post author

      Hi Geet,
      The divorce won’t affect your husband’s PR. You can sponsor another person for PR if the requirements are satisfied.
      PC

      Reply
  85. xyler

    hi peng..

    lived here in australia for 2 years already, married her through fiancee visa. after our marriage we broke up without my application lodged., weve seperated ways for a year already. now i have a girlfriend who is an australian citizen and we want to apply for de facto? weve been together for 12motnhs now., am i eligible to apply for de facto since i am married yet? or i neeed to get a divorce? god bless peng!!!!!

    Reply
    1. Peng Cheng Post author

      Hi Xyler,
      It is possible to apply even if you are still married to your prior partner, assuming that you meet the relevant requirements. You would need to demonstrate that your prior relationship has ended.
      PC

      Reply
  86. Pol

    Hi Peng,

    I am under rsms (187 visa). If the business be sold before the 2 years end ,am I released? or I have to continue with the new owner?

    Reply
    1. Peng Cheng Post author

      I don’t think that the obligation continues if the owner changes and a new owner with a different ABN takes over.

      Reply
  87. Leanne Lawless

    Hi,

    Me and my partner are on a 457 sponsored visa. He has been with the company for 2 years now and they are going to employee nominate him for PR. Which is the best way to go subclass 190 or 187? if we go with the 187 does that mean he has to work for 2 years after he is granted the 187 visa or will his two prior years work cover it? Not too sure which is the best option. Can you please advsie.
    Thanks Leanne

    Reply
    1. Peng Cheng Post author

      Hi Leanne,
      For a 187 visa, as explained above, he makes the commitment to work for 2 years from the grant of PR.
      190 is a state sponsored visa, so he wouldn’t be tied to any employer – probably the better option if he is eligible.
      PC

      Reply
  88. Rosemary

    Hi Peng,

    I’ve been working for my current employer for more than a year but my permanent residency got granted early this year. I want to quit my job as the conditions are pretty awful. You said in the article ‘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)’. Could you specify if for me the 12 months of ‘genuine effort’ would be applicable as I’ve been working for a year, or would that period start only when I received the residency?
    Also, after quitting my job, I want to create my own business. Do you think I could have problems if I apply for a business grant considering my situation?

    Thanks a lot Peng
    Regards

    Reply
    1. Peng Cheng Post author

      Hi Rosemary,
      Above clearly explains that it would be 12 months from PR granted.
      If you quit, you have PR so you can open your own business and do as you please.
      PC

      Reply
  89. Peter

    Hi Peng
    I’ve applied for a 187 visa. I understand all about the two years I have to work back for my employer. My question is what is my employer’s obligation toward the 187. Must he povide me with work for two years or can he pull out before the time and what happens to my 187 then.
    Regards Peter

    Reply
    1. Peng Cheng Post author

      Hi Peter,
      They make the commitment to provide employment in the nominated role for a period of at least 2 years from when PR is granted.
      PC

      Reply
  90. Kelly

    Hi Peng,

    Thank you for doing so great job. I have some queries regarding my visa.

    I am working to my sponsor from January 2013. I am under RSMS visa and I granted my PR on October 2013. However, the business has been just sold. Should I continue my 2 years obligation with the new owner? Can I terminate my services or this will affect my PR? In addition, should I inform DIAC of any changes I make?

    Any advice will be appreciated. Thank you for your time.

    Kelly

    Reply
    1. Peng Cheng Post author

      Hi Kelly,
      The law does not specify what happens in this situation – personally I don’t think that the obligation continues to a new employer that takes over.
      PC

      Reply
  91. Kelly

    Hi Peng,

    Thank you for your answer. So do you think that I should inform DIAC if I change employer or even city?

    Thank you in advance

    Kind regards
    Kelly

    Reply
  92. maan

    hi peng
    first thanks for a such a great website
    1 my que is i got pr through rsms 6 months ago since then am working with my employer but last week he told me he is planning to sell or close business due to finical problem so what i have to do , he said he will give me release letter so i can work anywhere if this happen do i need to tell immi regard this or i have to stay in regional area
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Maan,
      You have PR so you can work wherever and work for anyone.
      I don’t think that you are under a legal obligation to inform the Department.
      PC

      Reply
  93. Navi

    Hi peng how are u
    peng coming wednesday I have appointement in newcastle for citizens hip text
    But I dont receive appointement letter yet I know that about text bec someone called
    me from immigration department .she inforamed that about text .so I am upset about letter.

    Reply
    1. Peng Cheng Post author

      Hi Navi,
      Suggest that you call the Department if you have questions about this letter – 131 881.
      PC

      Reply
  94. SAM

    hii actually my wife got rsms 187 (PR) 2 month ago and where wife got the sponsorship they have two partner now they both don’t wanna run the shop and nerve talk ech other my wife work there as manager she don’t know wt she need to do because if anything come to shop sign salary then they said u ask other partner he said u ask another ,rent is due from last month no body paying anything so wt we need to do ??

    Reply
    1. Peng Cheng Post author

      Hi Sam,
      This sounds like a problem with the business rather than a migration law matter.
      PC

      Reply
  95. Raj

    Hi Peng,
    I am on temporary visa 485 as a hotel motel manager .i am thinking to get Rsms as a cook from Canberra but now i am in Melbourne.•My ​Education Summary is above:
    Certificate 4 in cookery
    •​Diploma of Hospitably Management (Commercial Cookery 3) From INFINITY Institute of Melbourne – Aug 2008 to Aug 2010
    Certificate 4 in Business From IMPERIAL college of Technology and Management – June 2011 to Feb 2012
    Diploma of Business From IMPERIAL college of Technology and Management – June 2011 to Oct 2012
    • (International English Learning Testing System) IELTS – 6 Scores out of 9 Scores. Listening 6, Speaking 6.5, Writing 6, and Reading 6.
    Just want to confirm can i apply with this study or i should have 2 years experience before applying Rsms.

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      As explained above, you need 2 years of experience for the occupation of Cook.
      PC

      Reply
  96. Yadi

    Hi peng

    My question is I got my PR on 15 June 2013 and I also apply my citizenship last week. Now my employer decided to closed the business and he will inform immigration about closure. My employer and me , we don’t have any problem with each other and he is happy to give me a written letter explaining that he is going to closed his business and he is really statisfied with my services. After he inform to diac that make an issue with my pr or citizenship application.
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Yadi,
      As explained above, only the Department can make a decision on this but I don’t think that this will affect your PR or citizenship application.
      PC

      Reply
  97. raj

    hi PC
    I am Raj. I am on 187 visa from last 13 months. i have few queries regarding this. I have already applied for citizenship.
    my queries are
    1) i am planning to go to my country for 3-4 months on unpaid leave from my employer. i want to ask you does this time period counts in 2 yrs obligation.
    2) the situation after coming back from my country will be that I will just have 2 months to complete my 2yrs contract for my employer. so have talked to my employer he told me that I do not need to come back to regional and work for them as he ready to free me from this contract. this has been mutually agreed upon by both of us. is this alright form immigration prospective?

    also I wanted you to know that I have started working for them after 3 months form granted visa so what is the exact time for me to end this 2yrs obligation.
    Also what is the maximum time for me to go on un paid leave.

    Thanks PC, what you are doing for all of us is appreciated and may god bless you for this.

    waiting for your reply
    cheers

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      1. Sorry but migration law and the Department’s policy does not specify whether unpaid leave can be counted.
      2. We can’t really provide any more information than what is already provided in the above post. I don’t think that your PR or citizenship will be affected but that is just an opinion.
      PC

      Reply
      1. raj

        Thanks PC
        so does that means I cannot go on unpaid leave ?
        Anyway I am planning to go after I get my citizenship … also In my visa grant notification there different obligation as compare to other as it says “your visa may be get cancelled if you do not comply with this obligation to complete the 2 yrs. contract with the employer” and have read in other mate visa notification. it says “if you do not make genuine effort”… why is this difference in obligation whilst we both have applied from same employer..

        thanks

        Reply
        1. Peng Cheng Post author

          No – it means migration law and the Department’s policy does not specify whether unpaid leave can be counted towards the 2 years.
          Sorry but I don’t know why there would be such a difference in your visas.

          Reply
  98. Pam

    Hi PC,
    I live in a small town in NSW and got my RSMS Visa approval in December 2013. And now I found that I am pregnant. According to my work contract I can take 1year unpaid maternity leave. But my question is do I have to live in the same regional area when I will go on leave or I can go back to Melbourne and have my baby their.
    Will going back to Melbourne affect my PR. OR I need to wait to get citizenship and then go back. Can I apply for citizenship in Melbourne as well??
    Regards,
    Pam

    Reply
    1. Peng Cheng Post author

      Hi Pam,
      I don’t think that migration law addresses this issue specifically. In my opinion, it would be OK to live elsewhere while you are on maternity leave.
      PC

      Reply
      1. Pam

        Hi peng,
        Thank you for reply.
        Now my employer want me to go on maternity leave. However I have only completed 7-8 months after approval of my RSMS visa. If I move back to Melbourne now for 12 months maternity leave.
        Do I have to come back here to work another six months or I can keep on living in Melbourne??
        Can I apply for citizenship in Melbourne??
        Kind regards,
        Pam

        Reply
        1. Peng Cheng Post author

          These decisions are for you to make – all the advice that we can provide on this matter is contained in the above post.

          Reply
  99. JIM

    I have worked for an employer for one year on 457 visa, Now they sponsored me for RSMS 187. Since I worked for the same employer for one year on 457, Shall I work on 187 for another one year and resign without any consequences?

    Reply
  100. Nittu garg

    Hi peng plz solve my problems
    First one is last week I passed my citizenship test so I want to conform that how long will take time for citizenship cermoney

    Second one is my owner they are thinking to sail this business bec they want to move in india .my question if they will sail business .will affect my citizenship?plz solve my problem bec I am worried.

    Reply
    1. Peng Cheng Post author

      Hi Nittu,
      1. Sorry not sure what current waiting times are like.
      2. Don’t think that this would impact your application.
      PC

      Reply
  101. Paul

    I’m on 187 regional sponsorship visa. I have been working for this company for almost 2 years. I started working last august/sept 2012. I have got my residency and happy with my work too. Lately I have been diagnosed with osteoarthritis for 6/8 months. And it has been really difficult to work taking painkiller . I have an agreement with the company to work for them 2 years after approval of my permanent residency. But it has just been 8 months that my visa got approved. Due to my health condition I stated using my sickies when I needed and I have used it all. Due to the other internal conditions the place I work they are unhappy towards me. I do not have any intention to quit my job and will try to complete my agreement. According to the doctor nothing can be done at the moment except taking painkillers n looking for alternative way to control the problem. So I’m loosing my health too. I was thinking to change the industry do something else but due to my agreement I can t breach it. If I do obviously I’m going to loose my permanent residency for what I have been struggling for six years, which I don’t want loose So is there any way out for me that I can change my industry and do something different without loosing my visa. There might be some way out plz I need guidance.

    Reply
    1. Peng Cheng Post author

      Sorry Paul but we really can’t provide any information on this matter – all the relevant information that we have is contained in the above post.

      Reply
  102. RAUL

    Hi Peng,

    For 187 visa is it we have to be in regional area for 2 years or with some company( who sponsored) for 2 years.
    Because i am getting a better option with a promotion in the same regional area.
    is it fine if i resign from the old company and move to the new company in to the same region.

    Thanks a lot ,

    Reply
    1. Peng Cheng Post author

      Hi Raul,
      As explained above, you make the commitment to work for your visa sponsor for 2 years from when PR is granted.
      PC

      Reply
  103. Rob

    Hi peng u are doing god job for helping people . Last week I approved my citizenship
    letter. In letter immigration explaned that they will call me for citizenship ceramoney within three month
    I have 2 question .first one is how long does take time for citizenship ceramonwy
    Second if my owner they will sail the business.will affect my citizenship.plz solve my problem bec I am really upset.

    Reply
    1. Peng Cheng Post author

      Hi Rob,
      Not sure what current waiting times are like sorry.
      No I don’t think that this would impact your ceremony.
      PC

      Reply
  104. Shih

    Hi Peng,

    I would like to know as I am on visa 187, I need to work in regional area and same employer for at least 2 years. However, for my partner visa which is visa 187 secondary applicant, does he need to work in regional area as well? Or he can work at other cities which are not in regional area?

    Thanks.

    Reply
  105. Jim

    Hi, I just wanna ask you something .i am on 457 visa for 6 month in regional area and my employer happy to apply me for RSMS but currently rcb they do not need any chef or cook in this area could you please advice can I still apply for RSMS visa . It still on regional postcode . Please I need you opinion what should I do . Thaks
    Jim

    Reply
    1. Peng Cheng Post author

      Hi Jim,
      For RSMS, you need to approval of the RCB. I don’t think that the Department would approve the application if there was no RCB approval.
      PC

      Reply
  106. Raman

    Hi peng,
    I having certiii and diploma in meat processing,and currently working in meat factory.
    My employer wants to sponsor me under rsms visa as a meat inspector.
    But currently I am working just as a meat worker,but my employer said they will provide me meat ispector position after my visa will granted
    Do I need 2 year experience or not because anzsco says:

    AQF Associate Degree, Advanced Diploma or Diploma (ANZSCO Skill Level 2)

    Your answer is really important for me

    Reply
    1. Peng Cheng Post author

      Hi Raman,
      It is not mandatory to have 2 years of experience if the nominated occupation is 311312 Meat Inspector.
      PC

      Reply
      1. Ramandeep kaur

        Hi Peng,
        First of all Thankyou very much for quick reply
        Plz can you tell me do I need cert iv in meat processing or cert iii and diploma will be enough.
        I am looking forward to hearing from you
        Thanks

        Reply
        1. Peng Cheng Post author

          You need the a relevant qualification that is sufficient for ANZSCO: AQF Associate Degree, Advanced Diploma or Diploma (ANZSCO Skill Level 2)
          It is not mandatory to complete a Cert IV

          Reply
  107. bibi

    Hi Peng,

    Glad that ur website is still going and giving out a lot of advices for us. Here is just something that i wondered about my case. I am aus pr by 119 rsms visa since 2013 and this year sept will be time for me to apply citizenship. My workplace is in qld( contract will end by 2/2015) and i got my family in Canberra. I wondered can i apply for citizenship In Canberra where my family is, since it only 5 month left and i am only do online job now.

    Reply
    1. Peng Cheng Post author

      Hi Bibi,
      I think that is fine, but that is just my opinion. Possibly consequences for visa holders that leave their employer are outlined above.
      PC

      Reply
  108. Olli J.

    Good Day Peng,
    First I want to say that its so good to have a website like this and I could get a lot of informations I needed. I just couldn’t find the answer of the question, that when I have been working for 2 years on a 187 Visa at the same place, what happends after that? Am I allowded to work where I want as long as I want? I hope to hear from you.
    Thanks a lot.

    Reply
    1. Peng Cheng Post author

      Hi Olli,
      You have PR so you can work anywhere and you can work for anyone. I don’t think that the Department would take action against your visa if you’ve done 2 years of work following the grant of PR.
      PC

      Reply
  109. sandeep

    hi peng cheng
    i really appreciate the amount of information and efforts u have given to this blog.
    i have been in australia from last 7 years than i was on visa subclass 187 and worked for my employer for 1 year after i applied and got citizenship application approved but haven’t got citizenship ceremony date yet. my question is can i leave my employer before i get my citizenship ceremony done? i have been with my employer for more than 12 months after 187 got approved.
    thanks

    Reply
    1. Peng Cheng Post author

      Hi Sandeep,
      The power that the Department has to potentially cancel the visa is explained in the above post. Personally I don’t think that the Department would take action against your visa but that is just my opinion – ultimate decision is with the Department.
      PC

      Reply

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