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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How we can help

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Please Contact Us if you require our assistance.

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

  1. GURI SAMBALLO

    hey pc,

    I applied RSMS almost 11 months ago still no further action has been taken by the department . I have been nominated as a Baker in NSW , been working there since i appiled . can i go back to melbourne during my annual leave and work there ?

    thanks
    GURI

    Reply
    1. Peng Cheng Post author

      Hi Guri,
      That depends on the visa that you currently hold and your work rights.
      You can work for a different business to your RSMS sponsor before this is approved.
      PC

      Reply
  2. Rina

    Hi Peng,

    My subclass visa 187 was granted in June last year. However the company has terminated the employment after the visa was granted in Dec last year. I have made the first entry as required before the dateline in sept and couple of entries since to Australia till now. However there were all short stay and I spend most of the time in my home country still. I have just noticed that my sponsor has not notified the department yet. I want to do the right thing. Can you please advise what should I do to and make department known of the situation. Please advise.

    Appreciate it.

    Kind regards
    RL

    Reply
    1. Peng Cheng Post author

      Hi Rina,
      I don’t think that you have a legal obligation to inform the Department.
      PC

      Reply
  3. Rose Chitana

    Dear Peng

    We got our regional PR on 20 July last year and my husband was working in city already on our 457 visa. So we decided to move the children to where my husband was working, thinking that I will be eligible to apply for my citizenship in July this year then move to my family. I have worked for my employer for 4y 7months and its seems that the law has changed is any way I can move to be with my family soon.Please help.

    Reply
    1. Peng Cheng Post author

      Hi Rose,
      Sorry but as far as I’m aware, there isn’t any way to get the Department’s approval for leaving the employer.

      Relevant considerations in assessing ‘genuine effort’

      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.
      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’.
      PC

      Reply
  4. Kimi

    Hello mr Peng
    My name is Kimi and my 187 visa was approved 20 April 2017 I arrived in Australia 10 may 2017 my employer is in cairns 20 may I went to my employer ask to start my job but he refuse because I am 27 week pregnant and she said its not safe to work in this condition, according to my visa approval letter I have to commence my work 14 September 2017 and my delivery is due 17 September 2017
    Now I am already lived in cairns
    Please tell me how can I handle this situation
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Kimi,
      Sorry but I suggest that you should speak with the Department about this and get their advice – I really don’t know what they would say about this.
      PC

      Reply
  5. Chirag

    Hi Pong,

    I am on RSMS visa and have been working as Farm Manager for three year in WA. I will complete 2 year period of work on Sap 2017. This year, we do not have much rain therefore, crop is not growing well. As a result, I don’t have enough work at farm and my employer has suggest me to find a other job.

    Now, i am working part time at farm and doing second job too. My second work will affect my visa? In addition, if rain will come and my employer advised me to look for full-time work, what will happen to my RSMS visa?

    Thanks you.

    Kind Regards,

    Reply
      1. Chirag

        Hi Peng,

        Thanks for your quick respond to my inquiry. I have one more question: What will happen if my employer suggest me to find a full time work somewhere ? i might not have any more work at farm due to lack of rain.

        Thanks you
        Chirag

        Reply
  6. Usman

    Hi Peng,
    I have been granted RSMS 187 in Nov 2016 but unfortunately, i made some mistakes at workplace caused some business loss to my employer and i got fired.My question is , will it effect on my Visa? Do i need to inform Immigration? and will i have to find job in same field or can i do any job in same regional area?
    I am looking forward your precious advice, hope you answer me soon. thanks
    kind regards,
    usman

    Reply
    1. Peng Cheng Post author

      Hi Usman,
      You have unrestricted work rights as a PR visa holder.
      I don’t think that you are under any legal obligation to inform the Department.
      Sorry but we can’t predict the actions of the Department’s compliance team – please see above post.
      PC

      Reply
  7. jigar

    HI PENG
    i have 457 visa and i have been working with last 5 month and i have another offer form regional area for rsms so
    if i chose this option and apply for this visa its will be effect my current visa status ?

    thanks
    jigar

    Reply
  8. Sukh

    Dear sir,
    Hi, I got my rsms visa granted on this April. Am already working with employer for last year… am still working their but now my employer want to shut down his business. It’s really affects my visa or I have to find any other work in regional area. I am still living in regional area. plz suggest me. Thanks

    Reply
    1. Peng Cheng Post author

      Hi Sukh,
      I don’t think the Department would take action against you if the employer closes the business, but that’s just my opinion.
      We can’t predict the actions of the Department’s compliance team.
      PC

      Reply
  9. estefanie

    Hi there.
    I’m on a bridging visa A awaiting for the decision on a 457 visa but i have an offer in a regional area to work there so i’m considering to apply for a 187 visa. if i apply for the 187 and withdraw the 457 what work conditions will i have ? can i just not work and wait for the decision?

    Reply
    1. Peng Cheng Post author

      Hi Estefanie,
      You should get a bridging visa C after you lodge a 187 visa application.
      Your bridging visa work conditions would dependent on your circumstances – the bridging visa grant notice will confirm your work rights.
      PC

      Reply
  10. Chowdhury

    Hi Peng,
    I found a regional employer,who willing to sponsor me as a café manager.
    I have 2 years degree of Management which completed in Melbourne
    (Diploma and advance diploma of Management)

    I have some paid experience in restaurant not much,
    but
    I have worked as a manager/caretaker role in a residential property 4 years with Victoria body corporate service.

    Question-
    Will diploma and advance diploma of Management will full fill my eligibility for Cafe manager for subclass 187,
    Or
    I have to proof my paid experience that work in a restaurant in similar position?
    Or
    Qualification and resturent experience both need to get eligible for this visa?
    Looking forward to hearing from you.

    (N.B-I have read the website could not understand,if you info me as a plain language would be great for me.)

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Chowdhury,
      Will diploma and advance diploma of Management will full fill my eligibility for Cafe manager for subclass 187 – this qualification should be sufficient but I’d need to have a look before we can confirm.
      I have to proof my paid experience that work in a restaurant in similar position – we generally submit work experience evidence for relevant work experience.
      Qualification and resturent experience both need to get eligible for this visa – you don’t have to have relevant experience if you have a relevant diploma level qualification.
      PC

      Reply
  11. Chirag

    Hii peng,
    I have applied for RSMS 187 last year in july 2016 and i am still waiting is there a reason why DIBP is taking so long to process applications and also how long will they take to process ?

    Reply
    1. Peng Cheng Post author

      Hi Chirag,
      Your processing time is probably beyond the Department’s standard processing times.
      Sorry but there isn’t any set processing time – DIBP’s general response is that it will take the time necessary to assess all the legal requirements if you call them.
      You can follow-up with the Department if you wish.
      PC

      Reply
  12. Pradeep

    Hi! If I am under 187 visa,can I work with other company as well at the same time?can I have 2 jobs?

    Reply
    1. Peng Cheng Post author

      Hi Pradeep,
      Yes you can work as many jobs as you work – you don’t have any work restrictions.
      PC

      Reply
  13. Jans

    Hi PC,

    I’m currently on 457 visa and due to downturn of the business my employer is not willing to continue business. Now I’ve found another employer from Melbourne. Their head office in Melbourne and they currently operate in Sydney and Melbourne. In couple of months they are planing to move to South Australia will be opening a branch. In the meantime they ask me to apply for 187 and get the visa approved, so that I’ll be able to start the job. In this situation how does the RCB look at the business? Will they approve the business and can I apply for 187 now ?

    Reply
    1. Peng Cheng Post author

      Hi Jans,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  14. Roman

    Hi Peng ,
    Recently I am on bridging visa E as I have withdrawn my student visa .
    Actually I applied for RSMS for restaurant manager but got rejected now I have applied for AAT . My owner wanted to close down the busines. Is there any chance of getting student visa back again if I applied for it. What might be the better option for me ?
    Thanks in advance

    Reply
    1. Peng Cheng Post author

      Hi Roman,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
    2. Chowdhury

      Hi Roman,
      Sorry to hear that.
      If you dont mind,could you please tell me why your rsms visa has rejected.
      Bit nervous since i have also applied for restaurant Manager position.
      Thanks

      Reply
  15. Shamira

    Hi Mr Peng.

    My husband was granted 457 visa in July 2014 in a regional area. In July 2015 he transfered his 457 to another employee in a different regional area. Then last year we had put our application for rsms visa and the nomination was approved. Since then we are waiting for the permanent residency. I was told also that we are still on a 457 visa and a bridging visa.

    My question for you is that after we are granted the PR which we have been told will be in August , how long my husband have to work for this employee?

    It will be very grateful if you can reply to me please.
    Regards
    Shamira

    Reply
    1. Peng Cheng Post author

      Hi Shamira,
      Commitment 2 years from when PR is granted – please see above post.
      PC

      Reply
  16. manohar jacob

    Hi my nomination is aproved and currently waiting for the 187 visa to be granted. is there any chances of refusal after nomination approval. i have been waiting for almost 10 months on bridging visa?

    Reply
    1. Peng Cheng Post author

      Hi Manohar,
      Department can approve your visa application if you satisfy the legal requirements for this visa.
      PC

      Reply
      1. Charnjeet kaur

        Hi Peng
        I m on 457 visa as a restaurant manager
        And I want apply rsms with another emplyer with diffrent occupation (transport company manager ) so I
        Eligible to apply with diffrent occupation. Plz reply
        Thanks

        Reply
        1. Peng Cheng Post author

          Hi Charnjeet,
          You can lodge under a different occupation for your 187 visa if you satisfy the relevant requirements for that visa and occupation.
          PC

          Reply
  17. Jessie

    Hi Peng,

    i have some question in relation to my visa. I was granted RSMS Visa 187 on 26th Nov 2014. I have now worked with my employer for more than 2 years as required. I was wondering if i quit the job, would this affect my PR?

    As this is a regional visa, if i want to move to Melbourne and work at there, is this going to be a problem? Do i need to inform Immigration Department?

    Could you please shed some light to me?

    Thank you very much.

    Best regards,
    Jessie

    Reply
    1. Peng Cheng Post author

      Hi Jessie,
      Please see above post – don’t think that you’ll have any issues if you’ve completed 2 years of work following the grant of your 187 visa.
      PC

      Reply
    2. Vanessa

      Hi Jessie,
      I’m also on a 187, and wanted to find out if you did go to Melbourne? As my partner has seen work there, his a secondary on my visa, I am still to complete my second year here in Perth.

      My question, were you restricted to your area or did you go to Melbourne?

      Kind regards
      Vanessa

      Reply
  18. Mahesh

    Hello Peng
    I am on 187 visa since 6 months and my employer is gyo sale business so how it will effect on my visa? Can I continue with new employer or what I have to do?
    Please let me know.
    Thank you

    Reply
    1. Peng Cheng Post author

      Hi Mahesh,
      Please see above post:
      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’.
      PC

      Reply
  19. Garry

    Hey Peng, please advise me if i can move to another city as i have got pr in july 2016 from south Australia, it affects on my pr or citizenship thanks

    Reply
    1. Peng Cheng Post author

      Hi Garry,
      Depends on how long you worked for your sponsor after visa approval, and the discretion of the compliance team if they decide to investigate – won’t affect your applications if you did the 2 years of work following visa approval. Please see above post.
      PC

      Reply
      1. Garry

        Hey Peng, i worked him almost 1year in july after pr grant but i did work with him before pr like 10 months approx eg, 7months parttime and 3 months full time same postion and 10 months after pr.
        regards
        Garry

        Reply
        1. Peng Cheng Post author

          I don’t think the Department would take action against you, but that’s just my opinion.
          PC

          Reply
  20. Soni

    Hi
    Peng
    I am working as a Resturant manager on 457 visa .My visa will finished on June 2017 .In the mean time I had applied for RSMS from perth city before it removed from RSMS.
    My question is
    If I want to continue my 457 visa as a option and again applied for new 457 visa on June will my time be count or my time will restart .

    If I didn’t want to applied new 457 visa and stay on RSMS bridging visa can I work on other places and nominated places

    Reply
    1. Peng Cheng Post author

      Hi Soni,
      If I want to continue my 457 visa as a option and again applied for new 457 visa on June will my time be count or my time will restart. You can count time on both 457 visas for the TRT stream.

      If I didn’t want to applied new 457 visa and stay on RSMS bridging visa can I work on other places and nominated places. Yes if your bridging visa gives you unrestricted work rights – check your visa conditions.
      PC

      Reply
  21. Dal

    Hi Peng
    I m working on 187 visa from 15 months, emloyer is selling business in 10 days without giving formal notice. And chances are to reopen 92 km away fron here. If I wouldn’t go there anything happen to my visa

    Reply
    1. Peng Cheng Post author

      Hi Dal,
      Please see above post – Department policy indicates that 12 months of work following the grant of PR may be sufficient.
      PC

      Reply
  22. Me

    Hi Peng,

    I am currently working in a regional place in Queensland for my RSMS visa. My question is, can I go back to Brisbane City but still work under same employer? The company that I work in is a big organisation and they are all over Australia. I am worried I can’t as it’s not a regional place anymore. Just want to clarify this.

    Ta.

    Reply
  23. David

    Hello! I have a simple question.

    I have applied for 187 visa and i currently have the bridging visa A.

    My contract is 2 years and after 2 years, the job is not guaranteed. currently the visa processing time is expected at 12 months, and I would like to start the job ASAP.

    My plan is to,

    – work 1 year during bridging visa
    – work the other 1 year after PR is granted.

    but then my 2 year contract will be expired. If I fail to extend the contract and get fired, but worked for the company for 2 years (1yr as PR), is this considered as “genuine effort”? or would it be my fault to starting the job before the PR grant?

    Thank you

    Reply
    1. Peng Cheng Post author

      Hi David,
      Commitment is to work for 2 years from when the visa is granted – please see above post.
      PC

      Reply
  24. Kenny

    Hi Peng,

    My 187 visa was just granted one week ago, but I have actually been working with the employer for more than one year as a full time nominated position since I was holding bridging visa.
    The salary the company pay me does not comply with the law, for example, working overtime without pay. In this case, can I leave the company without visa cancelled?
    Thank you.

    Reply
    1. Peng Cheng Post author

      Hi Kenny,
      Please see above post – as explained this is up to the current processes and actions of DIBP’s compliance team. Sorry but we don’t have this information.
      PC

      Reply
  25. Elander

    Hi Peng
    I have an issue with PR.
    I am about to return to work after 1 year of parental leave but my employer wants to offer me a different job position (not the one I was nominated on my 187 PR) or asks me to resign.
    I am on my PR since 1st Oct 2015 and I am awaiting a citizenship ceremony invitation letter. However there is a backlog and the time is against me.
    What could happen if I refuse to take different position and therefore I am forced to resign?

    Thank you kindly for you response.

    Reply
    1. Peng Cheng Post author

      Hi Elander,
      Please see above post – as explained this is up to the current processes and actions of DIBP’s compliance team. Sorry but we don’t have this information.
      PC

      Reply
  26. Edmond

    Hi Peng

    My RSMS 187 Visa granted at Sep 2015, But my employer shut down his company after i completed 1 year in his company. Will this situation lead to cancelation of my visa? and Can i apply another job in other area except the regional area that i worked at?

    Reply
    1. Peng Cheng Post author

      Hi Edmond,
      You have unrestricted work rights so you can work anywhere in Australia.
      Please see above post:
      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.
      PC

      Reply
      1. Sahill

        And also if I work less hours (around 20 hours) with my employee who gave me 186 visa and work more hours with another employee .What is going to happen ?

        Reply
        1. Peng Cheng Post author

          Sorry but I don’t know the Department’s position on this – doubt any agent would have this information.
          PC

          Reply
  27. Sharon Tan

    Hi Peng Cheng,

    My son wants to apply for 187 visa, please advise how to find an employer in the regional Australia to sponsor him for this visa. He is now in Melbourne under Student visa and he doesn’t know anybody there, thanks.

    Reply
  28. Steph

    Hi Peng

    I am currently on a 187 RSMS Direct Entry Visa (granted 11 May 2015). I have been offered another job starting April this year – if I decide to take this job offer it would mean I fall short of the two year obligation by one month. I know you can’t say whether my visa would be cancelled or not but from your past experience how strict are the Department with completing the full two years and with 23 months being considered a ‘genuine effort’?

    Reply
      1. Natalie

        Hey Peng

        Great blog and information! I am in the same position as Steph.
        I am on a 187 RSMS Direct Entry Visa granted 15th May 2015.
        I have worked for employer of over 3 years now and about to move jobs into a very similar role, so I think this would be considered a genuine effort to stay in the role over the 2 years.
        My question is – do I have to notify the immi department that I am changing jobs on this visa?

        Thank you for all your help
        Natalie

        Reply
  29. Ferdz Victor

    Hi peng
    My rsms 187 was approved last Nov 2015.The company that sponsored has change Bussiness name,ABN,Ownership last sept 2016.But same people still run the bussiness.Will i still have to fulfill the 2 yrs obligation with the new company?Can i leave regional area in that case?

    Reply
    1. Peng Cheng Post author

      Hi Ferdz,
      Sorry that isn’t for me to decide – please see 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
      1. Ferdz Victor

        Thanks for the reply .But in the case that I will have my citizenship before completing the two years,will the department do cancellation on the citizenship if I decided to move to a different state?Thanks again!

        Reply
        1. Peng Cheng Post author

          Sorry we don’t have this information – this is up to the Department’s compliance team.
          PC

          Reply
  30. raj

    Hi peng
    I havr applied for rsms and empoyer wants to with draw the sponsorship so what would be my options please let me know when u ready.

    Reply
    1. Peng Cheng Post author

      Hi Raj,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
      1. Jag

        Hi Peng cheng. Just want to know i have just applied for 187 Ist of march 2017. I have already got bridging visa. Can you tell me how long i have to wait for pr? Thanks peng

        Reply
  31. Tom

    Hi Peng Cheng,
    I came to Australia 09/2012 on a student visa, and recently got RSMS thru the employer. So after the 1st year of holding RSMS, I will have lived in Australia for total of 5 years. Once I apply for the citizenship, can I leave the employer before 2 year compulsory time.

    Kind regards,
    Tom

    Reply
    1. Peng Cheng Post author

      Hi Tom,
      See 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
  32. Nishant kalra

    Hi peng, just wana knw when I get my 187 visa and I start wrk after 4 months am I able to apply for citizenship after 12 months. The day I gog the visa granted

    Reply
  33. nikita gohil

    hi peng,
    we has been granted rsms 187 visa i.e. PR. my husband is a primary applicant and i am dependent applicant. he has been fulfilling his visa conditions i.e. to remain in regional area for two years. do i need to stay with him or i can work anywhere in australia?

    Reply
  34. lelio

    Hello Peng
    My question is:
    I’am working in a regional area since 18/07/2016 same employer that I have applied for 187
    my bridging visa was lodged on 26/08/2016
    my 187 visa was granted on 09/02/2017
    I need to stay working 2 years from which date.

    Reply
  35. Salim

    Hello Peng!
    I have worked for the same employer under 457 visa for more than two years but my payslip was paid through his two different companies. I have applied just my nomination 187 visa via TRS .

    Does the payment summary that i have from two different companies but the same location and employer can affect my 187 nomination?

    TIA

    Reply
    1. Peng Cheng Post author

      Hi Salim,
      Sorry but I can’t provide advice just based on your comment information – I would need to have a look over the applications before we can provide advice.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  36. Habib

    Hi Peng,
    Could you please reply me-
    I have applied two nomination for 187 visa,
    first employer RCB has declined due to business activities,
    then found another employer and RCB has approved then my employer applied for my nomination,
    So do i need to withdraw my first nomination application?or immigration will automatically get the update?

    Reply
    1. Peng Cheng Post author

      Hi Habib,
      I suggest that you contact the Department to get their advice about their processes – we don’t have this information.
      PC

      Reply
      1. Habib

        Thanks Peng,
        Hi Peng,

        For 187visa, got approval my RCB July16,
        then applied within a week for Nomination (29th September) still didn’t get reply.
        I was planning to apply my visa after get the Nomination.
        My question is that visa processing time will be 12 months from its application date or its gona be quiker since my RCB and nomination is ready?
        second question,
        It would be good idea to apply my visa now rather then waiting for nomination approval?

        Reply
  37. twinkle

    HI, I am Twinkle, I have applied for 187 rams visa and waiting to get pr. I was expecting to get pr within 2 months time. But my employer is on financial crisis and I got redundancy letter .Is that affect my pr. What do I do next.

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Twinkle,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  38. bella

    Hello Peng,

    We have been granted RSMS 187 visa last Aug 2016. My husbands employer sent us to Sydney cos there is no more jobs in WA. Now we live and work in Sydney (same employer who sponsored him) despite the visa RSMS 187 ( which says we need to stay for 2 years in Regional Australia). However, our visa conditions says “NIL”. My question since we are already able to apply for citizenship after Aug 2017 (as our PR is already 1 year and we stayed here for more than 4 years) will it be a problem applying for citizenship that we moved to Sydney from WA under our RSMS 187. One of the requirements for citizenship is proof of residential and we only have those addressed in Sydney and not in WA. Is it a problem that we are no longer in REgional Australia but same employer under visa RSMS 187 when applying for citizenship?

    Reply
    1. Peng Cheng Post author

      Hi Bella,
      We have seen Department investigations as a result of citizenship applications – but this is at the discretion of the compliance team so we don’t know the situations where they will investigate.
      PC

      Reply

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