Chris&Mel Posted July 24, 2012 Share Posted July 24, 2012 I was wondering if anybody could answer this question; I have been in Australia for 4 months working on a PR-119 employed by a SouthAustralian company. Things at work are good, company is great but there is one gripe that i have which is I am not being given the market rate. I recently viewed an advert and went for the interview, I even was offered the job (double the money I am currently on) but can my sponsorship be transferred? I’m guessing not and I may just have to bide my time till my 2 years are up but if anybody knows any different,I would be grateful ifyou could share your thoughts or experience. Link to comment Share on other sites More sharing options...
Rossmoyne Posted July 24, 2012 Share Posted July 24, 2012 You are obligated to work for your sponsoring employer for 2 years and cannot transfer sponsorship. This is stated on the DIAC website under the heading of Employee Obligations for Visa 119/857. Link to comment Share on other sites More sharing options...
surflen22 Posted July 24, 2012 Share Posted July 24, 2012 Take a look at this written by one of the Migration Agents who posts on here. It may help you. I completely understand how you feel! http://www.gomatilda.com/news/documents/1-596-1.pdf This thread may also be helpful: http://www.pomsinoz.com/forum/migration-issues/71563-leaving-your-employer-while-857-visa.html Link to comment Share on other sites More sharing options...
blossom Posted July 24, 2012 Share Posted July 24, 2012 They are supposed to pay you the Market rate for this visa. Are they paying you less than they agreed and told immigration they were going to pay you? If that is the case you have a bit more freedom. Link to comment Share on other sites More sharing options...
Chris&Mel Posted July 24, 2012 Author Share Posted July 24, 2012 They are supposed to pay you the Market rate for this visa. Are they paying you less than they agreed and told immigration they were going to pay you? If that is the case you have a bit more freedom. Its not that simple. I am paid slightly under the market rate for my current position but there are big changes happening within the industry to catch up with Europe & the States. I have this experience (10 years worth) and this seems to be desired on advertised positions for my role and hence the wages asking for this experience are reflected in that as there is certainly a shortage of people with this experience within Australia and particulary South Australia. Link to comment Share on other sites More sharing options...
blossom Posted July 25, 2012 Share Posted July 25, 2012 So you are saying that they ARE paying you what they agreed with you and immigration that you would be paid before you started the job? In which case you are tied for the full two years I'm affraid. Link to comment Share on other sites More sharing options...
surflen22 Posted July 25, 2012 Share Posted July 25, 2012 Actually, its been documented several times that if you work for 12 months then you are considered to have made a genuine effort and would be 'allowed' to leave without much issue. Link to comment Share on other sites More sharing options...
blossom Posted July 25, 2012 Share Posted July 25, 2012 Actually, its been documented several times that if you work for 12 months then you are considered to have made a genuine effort and would be 'allowed' to leave without much issue. That is assuming the company doesn't make a complaint to immigration, and who would blame them if they did? It is a lot of effort to sponsor someone. Link to comment Share on other sites More sharing options...
surflen22 Posted July 25, 2012 Share Posted July 25, 2012 This is the relevant info so even if the employer did complain, 12 months would still be considered genuine effort and Chris&Mel's situation is also covered in 3.4.3: The obligation in s.137Q is phrased in terms of your staying with the employer, or at least making a "genuine effort" to do so. The following extract from a DIAC internal instruction might help: 3.4 Genuine effort 3.4.1 For cancellation to occur, the Minister must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two-year period of employment contract. 3.4.2 For policy guidance on these issues, please contact the Business Employment Section, National Office. In assessing, however, whether the visa holder made a genuine effort the compliance decision maker must consider: • the visa holder’s reasons and/or circumstances under which the visa holder failed to commence work or to complete the two-year contract (A serious family or personal consideration may be a factor under these circumstances); • the possibility that the employee, in collusion with the employer, does not commence work within the 6 month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia using Subclass 119 or 857 visas; • in the case of termination, the period of the visa holder’s employment with the nominating employer prior to termination of the contract (Generally, periods of more than 12 months may be considered as a genuine effort.); • any other matter which is relevant to commencement or termination of the nominated employment. 3.4.3 If terminating the employment on reasonable grounds, a visa holder would be expected to give their nominating employer appropriate notice, including the opportunity to make a counter offer in circumstances where a more attractive employment opportunity exists in the regional area. 3.4.4 A situation created by the visa holder that results in termination of their employment would not be considered a genuine effort. 3.4.5 It is not expected that a visa holder would be assessed as failing to have made a genuine effort where the visa holder failed to commence, or remain in the nominated employment because of a situation out of the visa holder’s control, for example. • the position was not filled or did not remain viable due to a serious downturn in business activity; or • financial loss, bankruptcy or closure of the business. 3.4.6 Officers are also expected to consider any hardship that the visa holder or the visa holder’s family may suffer if their visa is cancelled. Link to comment Share on other sites More sharing options...
noworriesmate Posted July 25, 2012 Share Posted July 25, 2012 I was wondering if anybody could answer this question; I have been in Australia for 4 months working on a PR-119 employed by a SouthAustralian company. Things at work are good, company is great but there is one gripe that i have which is I am not being given the market rate. I recently viewed an advert and went for the interview, I even was offered the job (double the money I am currently on) but can my sponsorship be transferred? I’m guessing not and I may just have to bide my time till my 2 years are up but if anybody knows any different,I would be grateful ifyou could share your thoughts or experience. Hey Chris and Mel, I am on the same visa and had similar issues - basically as long as you haven't been deceitful and you work within the same industry then it is VERY unlikely your visa will be cancelled. It is my understanding that NO RSMS visa's have been cancelled for leaving an employer for the reasons you have stated. I would suggest talking with a migration agent (I used Go Matilda). The only consideration will be whether you current employer has a clause in your contract demanding repayment of any fees if you leave early. It is also probable that your employer may report you to Immigration for leaving early but don't worry to much about this - check what I have said with an agent and then go get the job that will pay you more and values your skills! NWM Link to comment Share on other sites More sharing options...
surflen22 Posted July 25, 2012 Share Posted July 25, 2012 Hey Chris and Mel, I am on the same visa and had similar issues - basically as long as you haven't been deceitful and you work within the same industry then it is VERY unlikely your visa will be cancelled. It is my understanding that NO RSMS visa's have been cancelled for leaving an employer for the reasons you have stated. I would suggest talking with a migration agent (I used Go Matilda). The only consideration will be whether you current employer has a clause in your contract demanding repayment of any fees if you leave early. It is also probable that your employer may report you to Immigration for leaving early but don't worry to much about this - check what I have said with an agent and then go get the job that will pay you more and values your skills! NWM Thanks for that! Nice to hear of what happens in 'real life'! Link to comment Share on other sites More sharing options...
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