RSMS pr visa

[jimmyskinner]

Hi, has anyone left an employer after getting RSMS pr visa and what were the consequences regarding obligations. We got ours last week after 20 months on a 457. My partner is a mental health nurse and is looking to leave her employer.

[nicolac34]

Search RSMS / 857 / 119 and you'll get a whole host of posts asking a similar question.

 

The straightforward answer is your visa could be cancelled.

[Rupert]

Hi, has anyone left an employer after getting RSMS pr visa and what were the consequences regarding obligations. We got ours last week after 20 months on a 457. My partner is a mental health nurse and is looking to leave her employer.

 

Why on earth did you go for the hardest employer sponsored visa there is, if she already wanted to leave the employer? As a nurse, she presumably could have got skilled migration, easier, quicker and no commitments..

 

The answer is that the visa would be at risk, the time spent on the 457 previously is not relevant. Leaving within such a short space of time could lead to visa cancellation.

[blossom]

There is no real set in stone answer. The main gist from immigration, agents and people who have done it is, if you make every effort to stay in your job, but are made redundant etc then your visa will be safe.

 

If you CHOOSE to leave your job then you are most likely safe as long as you have worked there for a year on the rsms visa and move into another job in the same field in regional Australia.

 

As someone who went to hell and back trying to get one of these visas, I think it is disgusting that you would consider leaving an employer, who has put so much effort in (as it is a lot of work) so that YOU can stay in the country after only a week!

Why didn't you just apply for a skilled independent visa where you would be free to go where you want without a two year tie in?

[jimmyskinner]

There is no real set in stone answer. The main gist from immigration, agents and people who have done it is, if you make every effort to stay in your job, but are made redundant etc then your visa will be safe.

 

If you CHOOSE to leave your job then you are most likely safe as long as you have worked there for a year on the rsms visa and move into another job in the same field in regional Australia.

 

As someone who went to hell and back trying to get one of these visas, I think it is disgusting that you would consider leaving an employer, who has put so much effort in (as it is a lot of work) so that YOU can stay in the country after only a week!

Why didn't you just apply for a skilled independent visa where you would be free to go where you want without a two year tie in?

you dont know the story the job is absolute hell and its not only a week she has worked for them for 20 months, she was given lots of false promises at the interveiw before we came none of which have come to light. She was told we would be able to apply for pr straight away which she couldn't and be able to get reclassified which she couldn't, because of this she has been paid as a junior although she has been a mental health nurse in the uk for 20 years and has more experience than most of her colleagues . And the 187 visa didn't cost SA health anything we paid $3060, SA health paid the 457.

[blossom]

It HAS been only a week since you were granted pr. It doesn't make any difference to the rsms how long someone worked in a job before hand. I was at my job three and a half years before, the clock starts ticking from the moment pr is granted.

My point is, unless all this happened in the last week, you knew you were applying for a visa which has a two year tie in with the employer. Just not liking it is not excuse enough to leave, believe me, I would have gone for a decent paying job the second I could if it was.

And just because your employer didn't pay any actual money, doesn't stop the time it takes form filling from costing them money.

 

It is a shame really that you didn't go for the ens, as that one doesn't technically tie you in at all. Rsms is the only pr visa which can be cancelled if you don't follow the conditions. Now, I have never heard of it actually happening, but what with all the clamp down on other employer sponsored visas, I think it is only a matter of time before they watch people more closely.

 

By the way, if you haven't posted in the rsms timeline thread yet, there are a whole gaggle of nervous people who would love you hear about your visa being granted. General consensus had been that they had stopped granting rsms for the year.

 

Job wise, if I were you I would try to hold out for the year at least, and then if you do leave, make sure it is to the same type of job, in the same area. That seems to be what immigration are most worried about.

There has been one guy on here who did manage it. I can't remember the details off hand, but he had been there much longer, and immigration did check up that his new job was acceptable.

[Tickled Pink]

you dont know the story the job is absolute hell and its not only a week she has worked for them for 20 months, she was given lots of false promises at the interveiw before we came none of which have come to light. She was told we would be able to apply for pr straight away which she couldn't and be able to get reclassified which she couldn't, because of this she has been paid as a junior although she has been a mental health nurse in the uk for 20 years and has more experience than most of her colleagues . And the 187 visa didn't cost SA health anything we paid $3060, SA health paid the 457.

 

I'm always sorry to hear about people so desperately unhappy in their jobs... whatever you decide to do I hope it works out well, and your circumstances improve.

[Ang78]

Hi, has anyone left an employer after getting RSMS pr visa and what were the consequences regarding obligations. We got ours last week after 20 months on a 457. My partner is a mental health nurse and is looking to leave her employer.

 

Hi Jimmy,

 

This thread might help.

http://www.pomsinoz.com/forum/migration-issues/151926-857-visa-my-experience-those-thinking-leaving-before-two-years-2-print.html

 

I do know of at least 2 people who have successfully left their original role, informed immigration and were told there would be no repercussions.

 

Perhaps have a chat with a migration agent who can give you an informed opinion on your case.

 

Not a nice situation to be in - regardless of other people's personal viewpoints, you can only do what is right for you.

[jimmyskinner]

It HAS been only a week since you were granted pr. It doesn't make any difference to the rsms how long someone worked in a job before hand. I was at my job three and a half years before, the clock starts ticking from the moment pr is granted.

My point is, unless all this happened in the last week, you knew you were applying for a visa which has a two year tie in with the employer. Just not liking it is not excuse enough to leave, believe me, I would have gone for a decent paying job the second I could if it was.

And just because your employer didn't pay any actual money, doesn't stop the time it takes form filling from costing them money.

 

It is a shame really that you didn't go for the ens, as that one doesn't technically tie you in at all. Rsms is the only pr visa which can be cancelled if you don't follow the conditions. Now, I have never heard of it actually happening, but what with all the clamp down on other employer sponsored visas, I think it is only a matter of time before they watch people more closely.

 

By the way, if you haven't posted in the rsms timeline thread yet, there are a whole gaggle of nervous people who would love you hear about your visa being granted. General consensus had been that they had stopped granting rsms for the year.

 

Job wise, if I were you I would try to hold out for the year at least, and then if you do leave, make sure it is to the same type of job, in the same area. That seems to be what immigration are most worried about.

There has been one guy on here who did manage it. I can't remember the details off hand, but he had been there much longer, and immigration did check up that his new job was acceptable.

I know its only a week, you make it sound like she's doing it on a whim, we went ahead with this visa knowing she didn't like the job because another promise which was only given to her in Feb was that as soon as we get PR she could work part time, which could make it more bearable.

[Rupert]

you dont know the story the job is absolute hell and its not only a week she has worked for them for 20 months, she was given lots of false promises at the interveiw before we came none of which have come to light. She was told we would be able to apply for pr straight away which she couldn't and be able to get reclassified which she couldn't, because of this she has been paid as a junior although she has been a mental health nurse in the uk for 20 years and has more experience than most of her colleagues . And the 187 visa didn't cost SA health anything we paid $3060, SA health paid the 457.

 

You are missing the point, well you are missing my point. Which was that it would have made so much more sense to apply for a different visa if this is how she felt. The RSMS is a really hard visa to get, skilled migration a complete breeze in comparison for a nurse. Of course she should not stay somewhere where she is unhappy, but I am incredulous that you would therefore apply for this visa which requires you to state your commitment.

[SonicBlue82]

I do agree with nicolac34, Rupert and blossom79 in that jimmyskinner and his parter probably should have given more thought about the type of visa they were applying for beforehand and that a general skilled migration for a nurse more than likely would have been the better route to go, due to the fact that it is easier to get, faster and does not have the employer commitment condition as does the RSMS visa. We have all established this, and there is no point in making jimmyskinner feel any worse about the situation that he and his partner are in. Remember that this online community is here for people to come for help and advice. Debating whether or not they chose the right path isn't going to solve anything or change the situation they are in.

 

Jimmyskinner - I'm sorry to hear you and your partner are in this predicament. I'm sure none of us really understand fully the situation that you are in. It is true that despite the fact that your partner has put in 20 months on a 457 visa with the sponsoring employer that that time is not counted towards the 2 year commitment with the RSMS visa. As blossom79 has mentioned, the clock starts ticking from the day that the RSMS visa is granted. Being that it was only just recently granted, leaving the employer does provide DIAC grounds to cancel the visa. Would they actually act on this? That is difficult to say. My advice is that you and your partner seek professional advice from a registered migration agent to discuss the matter in full and see what your options are. It is possible that if your partner was to find another position in the same field and still within regional Australia that DIAC may accept this and allow the change of employers, but maybe not? You are best seeking some professional assistance with this. Good luck!

[Rupert]

I do agree with nicolac34, Rupert and blossom79 in that jimmyskinner and his parter probably should have given more thought about the type of visa they were applying for beforehand and that a general skilled migration for a nurse more than likely would have been the better route to go, due to the fact that it is easier to get, faster and does not have the employer commitment condition as does the RSMS visa. We have all established this, and there is no point in making jimmyskinner feel any worse about the situation that he and his partner are in. Remember that this online community is here for people to come for help and advice. Debating whether or not they chose the right path isn't going to solve anything or change the situation they are in.

 

 

 

There is a benefit of pointing out the serious error of judgement. And that is that somebody else might see it and learn from it. Most of my knowledge on immigration has been gained by reading many different threads, if errors and flaws were not pointed out by other people at some time, I would not have a fraction of the knowledge that I do have. And people come along, they search for things like RSMS and this thread could be read by people for years to come.

 

So it is not really for you to say what answers should look like, if you think that there are improper answers then please use the report button.

[nicolac34]

Jimmy I sypmathise I really do. I have an RSMS and I also knew at the time it was being applied for that I didn't like working for my employer - but I was blinded by the want of a PR visa (being on a WHV) and the RSMS was the only one open to me (could have done ENS in hindsight, but at the time RSMS was much quicker). So I know the feeling of being trapped and wanting out ASAP. I've just completed 1 year of my 2 years on the RSMS and there have been so many times I've gone home in tears, written out my resignation letter, looked at flights back to England.... but in the end a deep breath and biting my tounge has got me to where I am now.

 

I've contacted two migration agents about what to do in the past year, both quoted migration legislation back at me and reiterrated the "could be cancelled" threat that DIAC dole out - neither were any use at all at what I should do.

 

Having read so many threads from lots of different forums I haven't come across anyone who actually has had their visa cancelled because they've left their employer. I think the problem with your case is that you have litterally just been granted the visa - it's not going to look good at all.

 

Contacting DIAC for advise won't get you anywhere (lots of people have tried this route & become very frustrated) so, really, it's a gamble. You could leave and find another job elsewhere and hope DIAC don't find out. Notify DIAC and hope you can plead your case when they come to investigate you. Or sit tight for at least a year and leave then.

 

None of those are appealling options, I know, as I've considered them all.