186 visa obligations

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  • 2 Post By Maggie-May24
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186 visa obligations


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Old 01-17-2016, 11:30 AM
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186 visa obligations

G'day everyone,

Just thought I'd ask some clarification with the 186 visa conditions. I couldn't find any information about the obligations and conditions on borders.gov.au.

So to make it short, company I worked for sponsored me under the 457 temporary resident visa. I have been on the visa for 2 years now and eligible for a 186 employer sponsored visa. I found this on a website that caught my attention :-

Quote:
Employer Nomination Scheme (sc 186)

When you lodge the visa application form for this subclass you are required to declare that you agree to work in the nominated position for at least two years and understand that your visa may be cancelled if you provide false or misleading information. Basically, when you lodge this application you are declaring an intention to work of your sponsoring employer in your nominated position for at least two years from the date the visa is granted.

What happens if I leave my employer without completing the 2 years?

Once this visa is granted you have permanent residency rights and therefore have no enforceable obligation that prevents you from changing your employer or your role. Generally speaking the Department is unlikely to cancel your visa if you change employers unless you have provided false or misleading information in your visa application. Itís also important to keep in mind that both you and your employer must comply with applicable Australian workplace and employment laws.

With the above(I would assume its correct), it means that I could still quit my job after getting my residency and move to another employer without fearing my visa be cancelled?

Just thought I'd ask as I have the option of going through 189 independent visa so I won't get tied up to the employer should an opportunity arise elsewhere.


** is there anything else that I need to know?




Regards




D


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Old 01-17-2016, 09:05 PM
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There is no condition on a 186 visa grant that states you must remain with your employer for 2 years, likewise there's no condition that your employer must keep you 2 years either.

However, you do declare your intention to remain for 2 years when you apply for the visa (likewise the employer does in the nomination), but really that's not legally enforceable. If you were to resign the day you get your visa grant, it's possible your employer could complain to DIBP that you'd simply used them to get a visa and perhaps DIBP would look into it. But I've never heard of this happening. Many people leave their employers, perhaps several weeks or months after getting their visas, and this has no repercussions on their visa or eligibility for citizenship.

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Old 01-17-2016, 11:16 PM
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While you are free to leave your sponsoring employer at any time, keep in mind the effect it may have on their willingness to sponsor others.Some employers are completely putt off sponsoring more people, when the people they sponsor shoot through at the first opportunity.They do have to go through a lot of hassle, paperwork and possible expense to get you here after all.

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Old 01-18-2016, 11:11 AM
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Quote:
Originally Posted by Maggie-May24 View Post
There is no condition on a 186 visa grant that states you must remain with your employer for 2 years, likewise there's no condition that your employer must keep you 2 years either.

However, you do declare your intention to remain for 2 years when you apply for the visa (likewise the employer does in the nomination), but really that's not legally enforceable. If you were to resign the day you get your visa grant, it's possible your employer could complain to DIBP that you'd simply used them to get a visa and perhaps DIBP would look into it. But I've never heard of this happening. Many people leave their employers, perhaps several weeks or months after getting their visas, and this has no repercussions on their visa or eligibility for citizenship.
Thank you for the information. Really appreciate it.


Quote:
While you are free to leave your sponsoring employer at any time, keep in mind the effect it may have on their willingness to sponsor others.Some employers are completely putt off sponsoring more people, when the people they sponsor shoot through at the first opportunity.They do have to go through a lot of hassle, paperwork and possible expense to get you here after all.

Thanks for your feedback. Yeah I did put that into consideration. The company I worked for sponsored a lot of skilled technicians like me and majority of them stayed. I was only implying that should an opportunity come by, I don't wanna be tied down to the company. I have no ill intentions to leave soon, if not immediately after the residency is granted.


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