What if I lose my job on an employer sponsored RSMS (187) visa?

Do you hold an RSMS and think about quitting your job?

Steady! Other than the s/c 186 ENS (Employer Nomination Scheme) the s/c 187 RSMS does carry a cancellation provision if you don't meet the following 2 conditions.

 

There are two conditions attached to an RSMS:

  • the holder commences employment with the sponsoring employer within a specified timeframe

So if you hold an RSMS and you didn't start employment with your sponsoring employer within 6 months, your employer must inform Immigration about your no-show. Even if your employer chooses not to inform Immigration, there is still a possibility that the information will surface through other agencies Immigration shares information with, such as ATO, Centrelink or others.

  • the holder remains with the sponsoring employer for at least 2 years after visa grant

If you hold an RSMS and you wish to terminate your agreement before the two years are up, you're potentially setting yourself up for a visa cancellation. If you have previously worked for your employer, e.g. on a working holiday visa or another work visa, this time will not count towards the two year requirement. The clock starts ticking only after visa grant, respectively after you commenced working with your sponsor.

 

The reason for these two conditions is to ensure the integrity of the program and to prevent non-genuine employment relations. Immigration will check your reasons for the termination carefully. You have a good chance to avoid visa cancellation if you can show that you have made a genuine effort to commence or keep your job, but were unable to do so for compelling and compassionate reasons, such as if you're being made redundant due to circumstances beyond your control.

If you have lost your job or would like to quit but are worried about potential consequences for your visa, contact us for a confidential discussion about your options.