Early termination of a 857 RSMS visa

[Guest argcampos]

Hi,

 

Me and my family have been living and working in a regional area for 2 years now under the 857 RSMS sponsored visa. Our visa was granted in august/2012, so only four months ago. The situation we have been dealing with since we got here its just getting worse every week.

 

We moved here in January 2011 and I was about 36 weeks pregnant. Unfortunately our baby boy died in my tummy the day before his due date on March 8th. After that it has been really hard to live here.

 

My husband is the main applicant of the visa and because we need to comply with the visa conditions we are tied to this employer for another 20 months.

 

On top of that my husband is getting a lot of stress from his job resulting in massives headaches. He has been to the doctor many times but the company seems to don't understand how complex and difficult our lives have been since our loss.

 

I really wish we could move out from here and get things going again in another place, but I worry our PR would be cancelled. I read about and spoke with a few lawyers but I don't know anyone who has left the company before the 2 years.

 

Any information would be appreciated. Thanks

[Guest mazher]

Hi argcampos,

 

Sorry to hear about your kid, but you are truly a brave family.

 

I think you should be able to complete the 2years, the way you been so far with this brave heart and motivation.

 

We would really pray for your family and we do hope there will absolutely be a brighter life ahead for you.

 

Please go through the below link for more information on visa subclass 857 obligations,

http://www.immi.gov.au/skilled/skilled-workers/rsms/obligations.htm

 

Warm regards,

Mazher

[elainew]

I to am also sorry to hear of your loss.

 

My advice would be to contact or ven better visit Currie Street and have an appt and get proper advice from immigration.

 

Sounds to me that your husband is suffering from stress,could also be from the loss of your child.

 

Hope you are getting some support :-)

 

Regards

Elaine

[noworriesmate]

I to am also sorry to hear of your loss.

 

My advice would be to contact or ven better visit Currie Street and have an appt and get proper advice from immigration.

 

Sounds to me that your husband is suffering from stress,could also be from the loss of your child.

 

Hope you are getting some support :-)

 

Regards

Elaine

 

I wouldn't personally approach immigration yourself but I would seek advice from an registered migration agent. In general it is very unlikely that you would have your visa cancelled as long as you can show that you have done all you can to meet the conditions. This question has been asked many times both here and on Pomsinoz and to date we have had no reported cases of any visa cancellations for the 857 visa which is a permanent visa and as such is harder to cancel.

 

NWM

[Jessica Berry]

One of my friends went through exactly the same experience with her pregnancy. She coped better than her husband. They went for counselling, but he would not continue and saw it as a waste of time and suffered as a result of it. After 6 years here they returned to the UK.

 

The Australians have a very different way of approaching 'sensitive' issues and it can take some getting used to compared to the UK work environment. In general (not everywhere but the vast majority in my experience), you are paid to do a job and if you can not perform that job there will not be a lot of sympathy. I could tell you stories of things I have experienced and witnessed in Adelaide workplaces that people would not believe.

 

I agree with NWM and I would speak to an agent and not go to immigration initially to see what your options are.