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RSMS Subclass 187 options
Old 27th June 2015, 05:32 PM   #1
emma
 
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Default RSMS Subclass 187 options

Hello!
I have been nominated through my employer for the subclass 187 visa, their RCB application and the nomination applications have been accepted, we're just waiting for results of my visa.
The problem I have my workplace environment is constantly getting more passive aggressive and I leave work every day in tears. I'm at the point where leaving the country feels like the only option, as I cannot see myself going on for another 2 years after the grant date. We have had people leave due to the passive aggressive environment and I feel like leaving may be my only chance. Every day I get pointed out just sort of under the breath i'm not good enough, when I walk into a room the conversation stops and it has gotten so bad my health is taking a back seat. I cannot prove any of this, as they know how to play the game..
Do I have any other options but to leave Australia? I cannot ask my agent as she is also doing the employers applications and would be a conflict of interest..
Any helpful tips?
Thanks
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Old 28th June 2015, 09:59 AM   #2
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Quote:
Originally Posted by emma View Post
Hello!
I have been nominated through my employer for the subclass 187 visa, their RCB application and the nomination applications have been accepted, we're just waiting for results of my visa.

Do I have any other options but to leave Australia? I cannot ask my agent as she is also doing the employers applications and would be a conflict of interest..
Any helpful tips?
Thanks
1) Most companies have procedures to deal with these type of issues. Your first port of call after the HR department, should be Fair Work Australia. Make sure you follow proper procedures and document everything.

2) If the issues continue after you have been granted PR, try and find a similar position in the same regional area. If you have done the right thing and made every reasonable effort to maintain your employment with your sponsor, you may well have a valid argument for your visa not be canceled.

3) Depending on what visa you currently hold, you could try and find another employer to sponsor you for PR instead.


http://www.fairwork.gov.au/employee-...and-harassment
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Old 28th June 2015, 04:44 PM   #3
emma
 
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Quote:
Originally Posted by nvoorst View Post
1) Most companies have procedures to deal with these type of issues. Your first port of call after the HR department, should be Fair Work Australia. Make sure you follow proper procedures and document everything.

2) If the issues continue after you have been granted PR, try and find a similar position in the same regional area. If you have done the right thing and made every reasonable effort to maintain your employment with your sponsor, you may well have a valid argument for your visa not be canceled.

3) Depending on what visa you currently hold, you could try and find another employer to sponsor you for PR instead.


http://www.fairwork.gov.au/employee-...and-harassment


1) This is a small company and the worst person doing this is the person in charge of the business, the manager. The owner is not really any better at all. As my visa is about to be processed, I don't want to do anything to rock the boat to make them fire me before I possibly am granted my PR. If they do fire me after my visa is granted, am I able to stay in Australia?
2) would my possible new employer have to go through the whole process if going through the RCB and nominations etc? Would I have to wait for their application to be processed before jumping ship so to speak.

3) i was on a student visa before being sponsored so unfortunately that avenue is closed.

Thanks for your pointers! They give me some hope that maybe I can make something of this mess and not be miserable for the next 2 years.. I would go to my agent but as there is the conflict of interest I'm unable to do so
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Old 28th June 2015, 04:57 PM   #4
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Once you have been granted PR,if you lose your job through no fault of your own, it is unlikely that your visa would be canceled.

Similarly, if you have a valid reason to leave your employment and have made every effort to continue working there (make sure you go through proper, recordable procedures) and continue to work in your nominate position in a regional area, it is unlikely that your visa would be canceled. Just because you are being sponsored, doesn't mean you have no rights.

If you were to be sponsored by another company before you get PR , they'd have to go through the whole process, but once you have PR, you do not require any sponsorship, even if you change employers.

In the meantime, don't rock the boat...it will be worth it in the end.

Best of luck !
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Old 31st July 2015, 12:17 AM   #5
emma
 
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Quote:
Originally Posted by nvoorst View Post
Once you have been granted PR,if you lose your job through no fault of your own, it is unlikely that your visa would be canceled.

Similarly, if you have a valid reason to leave your employment and have made every effort to continue working there (make sure you go through proper, recordable procedures) and continue to work in your nominate position in a regional area, it is unlikely that your visa would be canceled. Just because you are being sponsored, doesn't mean you have no rights.

If you were to be sponsored by another company before you get PR , they'd have to go through the whole process, but once you have PR, you do not require any sponsorship, even if you change employers.

In the meantime, don't rock the boat...it will be worth it in the end.

Best of luck !


Hi Nick!
Do you know any good immigration agents/lawyers in WA?
I was granted PR recently, but due to work circumstances getting more hostile and volatile I have ended up in therapy to try to cope with the stress and depression due to being continually antagonised.
I want to find out what my chances are to keep my PR if I apply for a new job. My therapist has told me to get out of the situation or my mental health will be in chatters. I have been in Australia for 4 years, so as I understand after 1 year of PR i can go for my citizenship. If I were to get this, will I still have to stay with the company if I dont find a way out?
if you know any immigration agents/lawyers that would be able to advice me on the right steps to take. I know once the complaint goes in I will suffer even worse.
thank you in advance!
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Old 31st July 2015, 10:19 AM   #6
nvoorst
 
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Hi Emma, you can look for a local agent here :http://www.mia.org.au/find-an-agent

As I advised previously,if you have a valid reason to leave your employment and have made every effort to continue working there (make sure you go through proper, recordable procedures) and continue to work in your nominate position in a regional area, it is unlikely that your visa would be canceled.

I think your first port of all should be the FairWork ombudsman to address the work issues and go from there.
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Looking for new employee
Old 17th April 2017, 08:34 AM   #7
Ross
 
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Default Looking for new employee

Hi Nick.
Just reading this post now, I'm a mom, working in Oil and gas industry since 2005, I got my visa 187 granted last september 2016, I have been in a FIFO position since 2013, but my conditions have changed now, I don't have define roster, my patner is in fulltime position working monday to friday and my only child needs me in home, without a roster is pretty hard for me plan school care or vacation care to my boy when I'm here at my work, some sttrugle for my family to be far away long time.

I have been with this company since december 2013, I want to change my employee and I need to find a job in SA to be in home with my boy.
Do you think if I quick to my current sponsor for a city based position would affect our permanent residency??

Wit my current employee there is not options for a base role in Adelaide, my only option would be to get another job.

Please let me know your thoughts about it, I would really appreciate your recomendations.

Thanks in advance.






Quote:
Originally Posted by nvoorst View Post
Hi Emma, you can look for a local agent here :http://www.mia.org.au/find-an-agent

As I advised previously,if you have a valid reason to leave your employment and have made every effort to continue working there (make sure you go through proper, recordable procedures) and continue to work in your nominate position in a regional area, it is unlikely that your visa would be canceled.

I think your first port of all should be the FairWork ombudsman to address the work issues and go from there.
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Old 17th April 2017, 09:37 AM   #8
nvoorst
 
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Quote:
Originally Posted by Ross View Post
Hi Nick.
Just reading this post now, I'm a mom, working in Oil and gas industry since 2005, I got my visa 187 granted last september 2016, I have been in a FIFO position since 2013, but my conditions have changed now, I don't have define roster, my patner is in fulltime position working monday to friday and my only child needs me in home, without a roster is pretty hard for me plan school care or vacation care to my boy when I'm here at my work, some sttrugle for my family to be far away long time.

I have been with this company since december 2013, I want to change my employee and I need to find a job in SA to be in home with my boy.
Do you think if I quick to my current sponsor for a city based position would affect our permanent residency??

Wit my current employee there is not options for a base role in Adelaide, my only option would be to get another job.

Please let me know your thoughts about it, I would really appreciate your recomendations.

Thanks in advance.
Hi Ross, it is impossible to predict how the department of Immigration will deal with individual cases, but there is always a risk that your visa will be canceled if you do not abide by the conditions. There could also be issues with future citizenship applications.

It is my view that if you feel that you have a valid reason to leave your employment and have made every effort to continue working there (make sure you go through proper, recordable procedures) and there are no issues with the employment contract you have signed, you should still continue to work in your nominated position in a regional (for RSMS purposes) area until the 2 year period is up.

From the DIBP website:

We might seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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187 Visa Conditions
Old 11th July 2017, 02:28 AM   #9
bobo_plipaks
 
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Default 187 Visa Conditions

Hi good day, just wanting to ask for some help with my 187 visa. I know I'm on a very bad spot right now. My 187 visa was approved last March 2017 but last week of March I got a tennis elbow. Went to the GP and prescribed with anti-inflammatory and it didn't worked. Went back again and advised for a X-ray and ultrasound which confirmed there was a tear in the tendon. Then was given a shot of cortisone last May then get back to work after 5 days. I just had a 3 weeks holiday but still my elbow is painful. Then last week of June went back there again because it was painful and given anti-inflammatory again. Ill go back this week to book for an orthopedic surgeon to discuss whats the best option.
My question is, if I would leave my employer due to medical reasons would DIBP would cancel our visa? I don't want to leave my employer especially that it's very hard now to get a permanent visa and we work hard for this and then just taken it away from us. Do I need to resign or go for work cover?
Hope someone can give me some advise please. Thank you
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Old 19th July 2017, 04:53 PM   #10
nvoorst
 
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If you had a valid reason, out of your control, for not being able to continue working for the sponsor, that would be taken into consideration.
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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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