Changing employer during PR application

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Changing employer during PR application

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Old 02-07-2015, 03:00 AM
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Join Date: Feb 2015
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Angry Changing employer during PR application

Hey all,

I'm looking for any / all advice or experience as I'm at my wits end!!

I'm currently on a 457 Visa and awaiting my 186 ENS Visa Application to be granted (The Nomination was approved, I did them separately due to costs). I know that the waiting time is around 6 months but I'm also aware there is currently a back log!!

I am now wanting to leave my current employer as they are not treating me correctly - insanely long hours and below market salary rate wage, but I don't want to go to Fair Work Australia as I don't want to leave on bad terms. I was wondering whether I can transfer the PR application to a new employer if they agree to sponsor me?

Or if I went to Fair Trade Australia would my PR application get cancelled if I left?

Any information would be amazing!!

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Old 02-11-2015, 02:20 AM
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There are a number of issues that you need to be aware of. If your current employer is also your sponsor for for ENS, then you will have to withdraw that application. You will lose the application fee when you do this.

Your current 457 has condition 8107 on it. This means that you can only work for your sponsor, and no one else. If you quite your job, then you have 90 days to find another sponsor. Until you find another sponsor and your transfer is approved then you will not be able to work.

So you need to think it through carefully if you want to get your PR.

Note that once your PR is granted you can resign immediately. There is no laws or regulations requiring you to stay with your employer once your ENS visa is granted.


Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

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Old 02-11-2015, 05:42 AM
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I would take note of Jeremy's advice and stick it out until you get your PR. Changing employers is going to cost a lot more and will take a lot longer.

Nick van Voorst
Registered Migration Agent 0640648

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For any inquiries, please visit our website: AUSVISA

Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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