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1.当你雇主举报你不在偏远地区工作2年,那将会有可能取消。
2在移民局的指导手册里提到你干了一年就算是genuine effort了,有真实案例上报到移民局以后,要求不管怎么样找工作也要2年呆满偏远2年才不取消。
以下是比较理论的说法,可以自己推敲
Regional Sponsored Migration Scheme (sc 187)
Under the Migration Act 1958, section 137Q gives the Department a specific power to cancel the permanent residency visa that you obtained through the RSMS. The section states that permanent residency granted under the RSMS pathway may be cancelled if:
You do not commence employment in your nominated role within 6 months of the date of approval (if you are in Australia at the time of approval) or within 6 months of entering Australia as the holder of a RSMS visa AND you do not satisfy the Department that you have made a genuine effort to commence employment within the 6 month period; or
You commence employment but you terminate your employment within the first 2 years AND you do not satisfy the Department that you have made a genuine effort to remain in your nominated role for the required 2 years.
What does ‘genuine effort’ mean?
In assessing whether you have made a genuine effort, the Department must consider:
The visa holder’s reasons 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, does not commence work within the six month period or resigns 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 (generally, periods of more than 12 months may be considered as a genuine effort) and
Any other matter which is relevant to the commencement or termination of the employment.
Possible scenarios that might relate to you
If you are ending your employment based on ‘reasonable grounds’ – you are expected to provide your employer with reasonable notice.
If you employer has gone bankrupt or was forced to close the business – the Department is unlikely to find that you did not make a genuine effort as these circumstances would be out of your control.
If your deliberate actions to damage or interfere with the business were the grounds for your dismissal – the Department can take this into account when considering your genuine effort.
Can my employer have a say in the cancellation of my visa?
It’s important to remember that section 137Q is discretionary and the choice to cancel your visa will be totally up to the case officer. Your employer can provide information to the Department but they will not be involved in the actual decision–making process.
Please also note that either a migration agent, or the Department of Immigration cannot provide advice about whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after you have ceased employment with your nominated employer.
If you would like more information about showing a genuine effort or other circumstances that might affect the Department’s decision, please contact a member of our migration team.
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