澳洲RSMS 类别的雇主担保签证，如果拿到后，不给雇主工作，或者不给雇主工作2年,移民局有权引用移民法137Q 来取消申请人的签证。
Employment does not commence
(1) The Minister may cancel a regional sponsored employment visa held by a person if:
(a) the Minister is satisfied that the person has not commenced the employment referred to in the relevant employer nomination within the period prescribed by the regulations; and
(b) the person does not satisfy the Minister that he or she has made a genuine effort to commence that employment within that period.
Employment terminates within 2 years
(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.
从以上的法律要求可以看出 genuine effort 是解决这个问题的第一个关键点。
genuine 也是一个有定义的词汇
In in Weng v MIAC (no. 2) [2011] FCA 444 [at 50], when considering the meaning of the phrase “genuine effort” in s134(1) of the Act, the court agreed with the interpretation in Yam v Minister for Immigration and Multicultural and Indigenous Affairs [2004] AATA 283 [at 53], that
‘“genuine” in s134(2) means effort that is more than “superficial or token.”
移民局的PAM 手册给了更为详细的指引
For cancellation to occur, the delegate must be satisfied that the visa holder did not make a genuine effort to commence employment or to complete the required two year employment period.
In assessing whether the visa holder has made a genuine effort, the delegate must consider:
1 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)
签证持有人违反RSMS 要求的原因。 （家庭原因或者个人有值得同情的原因）
2 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
签证持有人是否有和雇主共谋为了取得签证。
� 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
签证持有人已经给雇主工作的时间。如果已经给雇主工作超过12个月，可以认为满足genuine effort 的要求
� any other matter which is relevant to the commencement or termination of the employment.
其他离职原因。
If terminating the employment on reasonable grounds, a visa holder would be expected to give their employer appropriate notice, including the opportunity to make a counter offer in circumstances where a more attractive employment opportunity exists in the regional area.
如果签证持有人可以找到更好的工作，签证持有人需要给雇主通知以及涨工资的机会。
A situation created by the visa holder that results in termination of their employment would not be considered a genuine effort.
如果是签证持有人自己的原因导致离职，一般不被认为满足 “genuine effort”
A visa holder is unlikely to be assessed as failing to have made a genuine effort where the failure to commence or complete the two year employment period was because of a situation beyond the visa holder’s control. Examples include:如果由于公司的原因，一般认为申请人满足了 genuine effort 比如
� the position was not filled or did not remain viable due to a serious downturn in business activity or
公司的经营不善
� financial loss, bankruptcy or closure of the business.
公司破产
Delegates are also expected to consider any hardship that the visa holder or members of the family unit may suffer if their visa is cancelled.
申请人的子女的处境也是要考虑的。
9 Unscrupulous employers
不良雇主。