Denise

Transfer of RSMS 857 sponsored visa

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    Does anyone know if you can transfer employers once you are on the 857 employer sponsored visa? I understand I am tied to my current employer for 2years but have been told it might be possible for another employer to take over the visa conditions. Any info would be appreciated.

     

    Thanks

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    Does anyone know if you can transfer employers once you are on the 857 employer sponsored visa? I understand I am tied to my current employer for 2years but have been told it might be possible for another employer to take over the visa conditions. Any info would be appreciated.

     

    Thanks

     

    Hi Denise

     

    The legislation for the RSMS visa does not contain any machinery for a new employer to "take over" the responsibilities of the sponsoring employer in the way that you imagine.

     

    What actually happens is that if the RSMS employment comes to an end within 2 years of its beginning, according to S137Q of the Migration Act 1958 the Minister for Immigration *may* cancel the visa. Please note that it says he "may" cancel the visa. It does not say that he "must" do so.

     

    In considering whether or not the visa should be cancelled, the Minister is required to consider whether or not the employee has made a "genuine effort" to fulfil the RSMS visa conditions. The Act doesn't define this term "Genuine effort" but DIAC have introduced various Policies that more or less cover the possibilities. The main thing is that DIAC are willing to listen because the holder of an RSMS visa is a Permanent Resident of Australia. The Australian Government does not believe that the PR status should be cancelled except in extremis.

     

    So the issue facing you is possible visa cancellation more than anything else. If you find another employer somewhere in Regional Australia (anywhere in Regional Australia, including a Regional part of a different State) the Minister - ie DIAC on the Minister's behalf - is usually sympathetic and content to let sleeping dogs lie.

     

    One of the best RMAs when there is a problem with an RSMS visa is Libby Hogarth in Adelaide:

     

    http://www.libbyhogarth.com.au/

     

    What has gone wrong, hon? Also, would it be easy to find another employer, do you think? What is your occupation?

     

    Remember, you are a Permanent Resident of Australia. A search of VEVO confirms this and it does not mention visa conditions. So another employer in Regional Australia could hire you without any fear of any sort of retribution from DIAC. DIAC are usually relieved if new employment is found because that solves everyone's problems including their own!

     

    Cheers

     

    Gill

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