[ferhackbart]

Hi
I applied the 187 visa in March last year just before the rules changed.
At first the lawyer said that while I'm waiting the decision I'm not obligated to stay in regional area working for the employer who's sponsoring me. Well.. it doesn't make much sense because who'd give you a job to start in 19 months? So I moved from Sydney to Adelaide and I'm working for the employer since then. Well.. as it's not a surprise the work conditions are shit and I hate my job specially my boss because he treats everyone like garbage.
Anyway... last month I got the news that my application was refused, actually the nomination, because of a very stupid reason (long story short I'm the only full-time employee and there are no Australians working in the same position so the immi says my contract isn't equivalent to a Australian cook contract).
After that I decided to appeal and now I need to wait another 12-18 months until the court decides if my application can continue or not which means, if it's approved, I'm stuck with this employer for another 2 years.
Because that negative decision was something very unexpected we (me and my husband) are preparing ourselves for the worse scenario and go back home in 12-18 months.
If I leave my job now, what can happen? Can the employer drop the nomination? If he does, what happens? I need to leave straight away or I still can stay until the judge's decision?
It's just that, I'm so tired of all this that I wouldn't mind going back home but I just need some more time here until I have everything ready to go back but I'd like to know if I have any alternative to get rid off that employer.
Thanks.

 

[CCMS]

I think there is a reason why the sc. 187 visa is being scrapped. I have heard about many cases like yours. Worse still, in some instances people were charged thousands of dollars to get a sponsorship in the first place.

 

[Maggie-May24]

It's not a trap per se, in that many people successfully and happily get this visa and have no issues. However of course there are some horror stories and yours isn't unheard of.
In reference to your question "If I leave my job now, what can happen? Can the employer drop the nomination? If he does, what happens? I need to leave straight away or I still can stay until the judge's decision?" If you leave now, the employer should withdraw the nomination since you would no longer be employed and therefore no long require the employer sponsorship. How long you have to remain would depend on how quickly DHA moved on the withdrawal and then turned to your visa, but you'd need to plan for a fairly short window of time (e.g. 28 days).