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from subclass 187 to citizenship
Old 21st May 2016, 11:48 PM   #1
emma
 
Join Date: Jun 2015
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Default from subclass 187 to citizenship

Hello!
Looking for some help..
I have been working for a company that sponsored me on subclass 187, 18months ago, coming up to 1 year after visa grant date and i have really struggled with the bullying(ended up in therapy, antidepressants and lots of medical problems due to stress all documented in my medical records) i am eligible to applying for citizenship in July (had been in Australia 4 years before visa grant on valid visas). I have just had a meeting with the owner of the business about my manager bullying me. She has deemed my manager and my relationship unrepearable. Now I'm worried that so close to the finish line I will get fired..
If I make it to my 1 year anniversary and apply for citizenship but get fired between the application and the ceremony, will all of this been for nothing?

I'm just very anxious about all of this and have in the past sought help from a migration agent. I have encouraged to take stress leave and lodge a case with fairwork, but have only gone as far as speaking to the owner thus far as I'm trying to lay low until I can safely leave.

If they fire me for some ridiculous reason (my boss hates my guts, always has) between now and July or between my application and test/ceremony, am I doomed to leave the country or can I plead my case?

Thank you for your help.
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Old 22nd May 2016, 10:07 AM   #2
Zoltan Bertok
 
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Have you been granted the Subclass 187 visa yet? Sorry, your description of your visa status is not entirely clear for me.

It would be beneficial, if you could send me the visa grant letter.
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Old 22nd May 2016, 02:17 PM   #3
emma
 
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Yes, i was granted my 187 july 2015, but it does have the work for 2 years clause.
This is why i'm going to apply for citizenship as soon as i have had my pr for 1 year.
I'm just worried in the mean time, so close to the finish line what my boss will get up to.
If i make it to lodgement date and something happens between then and the test/ceremony, am i screwed? Or can i plead my case?

I know i have to wait for the ceremony to hand in my notice..

Thanks again!
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Old 1st June 2016, 11:29 AM   #4
Zoltan Bertok
 
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MIGRATION ACT 1958

Section 137Q Cancellation of regional sponsored employment visas

(2) The Minister may cancel a regional sponsored employment visa held by a person if:
(a) the Minister is satisfied that:
(i) the person commenced the employment referred to in the relevant employer nomination (whether or not within the period prescribed by the regulations); and
(ii) the employment terminated within the period (the required employment period) of 2 years starting on the day the person commenced that employment; and
(b) the person does not satisfy the Minister that he or she has made a genuine effort to be engaged in that employment for the required employment period.
- - - - - - - - - -

What is genuine effort?

From the Procedures Advice Manual:

Genuine effort
In order for the grounds for cancellation at s137Q(2) to be made out, not only must the visa holder have not commenced employment or completed the required two year employment period, the visa holder must also have not satisfied the delegate that they have made a genuine effort to commence employment, or to complete the required two year employment period.
Note: The onus is on the visa holder, through their representations, to satisfy the delegate that they have made a genuine effort to commence employment or complete the required employment period.
It is expected that the visa holder will commence employment or complete the required employment period, unless there are compassionate or compelling circumstances that prevented them from doing so. For example, a person cannot be considered to have made a genuine effort where they have ceased employment because a more attractive employment offer from another employer has been made.
In assessing whether the visa holder has made a genuine effort, the delegate should consider:
  • the visa holder’s reasons for, 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, did not commence work within the six month period or resigned 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 and
  • any other matter which is relevant to the commencement or termination of the employment.
A visa holder may be able to satisfy the delegate that they have made a genuine effort if the failure to commence or complete the two year employment period was because of a situation beyond the visa holder’s control. Examples include:
  • 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.
A situation intentionally created by the visa holder that results in termination of their employment would not be considered a genuine effort.



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Old 4th June 2016, 10:56 AM   #5
emma
 
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Thank you Zoltan!
One more question.
When I get my citizenship, does my visa's 2 year clause basically go away?
As in when I'm a citizen, the rules of the visa dont apply to me anymore and am I free to leave? (I worked for the company for 6.5 months before visa grant so in total now 18months)

Thank you again!
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Old 4th June 2016, 03:50 PM   #6
Zoltan Bertok
 
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Quote:
Originally Posted by emma View Post
When I get my citizenship, does my visa's 2 year clause basically go away?
Yes.

As a citizen, you will not hold a visa any more, so the Minister will not be able to cancel it.
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Old 5th June 2016, 04:41 PM   #7
emma
 
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Thank you Zoltan!
So just have to hold on for a wee bit longer and then leave when i'm safe.
Thank you so much!!
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