Can my ENS_186 visa be revoked?

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  • 2 Post By kevh_uk
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Can my ENS_186 visa be revoked?

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  #1 (permalink)  
Old 10-02-2014, 08:46 AM
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Can my ENS_186 visa be revoked?

Hey everyone!

After 18 months of considerable stress and continued support from folks on this forum, I was finally granted my ENS_186 visa on 25 March 2014. As many of you will know it was a real roller coaster ride and something that I feel like I earned like a medal of honour!

Now I'm worried that it could be taken away from me as I have had to return to the UK to look after my dad who is not very well at the moment. I have taken seven weeks leave without pay from my employers in Australia, but after being back for three weeks it looks like I am going to have to stay longer. I am not sure where this leaves me legally. I intend to return to Australia next year sometime but I have no idea when, and I know that work won't hold my job, especially with the uncertainty of whether I'll be back or not. Therefore, I feel like I will need to quit, and feel I should do it sooner rather than later as not to leave them in the lurch too much.

In this sort of situation can my employers threaten to revoke my permanent residency? If they told immigration that I quit after six months of my two years would they be able to take it away from me? I'm really anxious as I have worked so hard to get it and it puts me in a horrible position if they were to make me choose coming back to keep my PR or stay at home to look after my dad and lose it

Any advice would be MUCH appreciated! Thanks a lot in advance!


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Old 10-02-2014, 09:44 AM
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You are a permanent resident. With the 186 visa there is no legal requirement to remain with the sponsor . Unless the visa was obtained under false pretences or fraudulently you should have nothing to worry about.

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Last edited by CCMS; 10-02-2014 at 11:21 PM.

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Old 03-16-2015, 04:18 AM
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Originally Posted by CCMS View Post
You are a permanent resident. With the 186 visa there is no legal requirement to remain with the sponsor . Unless the visa was obtained under false pretences or fraudulently you should have nothing to worry about.
I am on a 186 visa ENS direct entry and have completed 18 months of the 2 year commitment. I desperately want t leave as the job has become intolerable, bullying, reduction in hours etc. When I suggested I might leave recently they immediately told me they would report me to immigration and I'd have my visa cancelled because I signed a declaration online as part of the 186 application process saying I intended to work in the position for 2 years. (which I did at the time) I have been offered the same job position with a govt agency instead. I'm nervous about my visa situation though. Thanks for your help. Jo

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Old 03-16-2015, 05:05 AM
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Ok, I think I understand what you're referring to..... When you apply for the visa, you do state your intention to remain with the nominating employer for 2 years. However that doesn't translate in any way into a condition on the visa itself. Your employer has absolutely no ability to hold you to remaining with them (if your contract requires you to repay application-related costs, that's a separate issue).

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186 visa - Temporary Residence Transition stream
Granted Dec 2013

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Old 03-16-2015, 12:44 PM
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thanks, no I didn't sign anything or agree to any costs and the charge to them was only about $400 anyway. I've completed 18 of the 24 months so far too. I appreciate the reply, thank you.

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Old 06-24-2016, 04:20 AM
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Employer bullying?

Hi all, I'ved submitted my 186 application 2 months ago and am currently waiting for the approval. But what happened is that my employer humiliated me in a conversation when i requested for a job review in a polite and proper way. Is this humiliation when he said "Its ugly when you ask for more money." ? I am not dare to report to anyone as im still waiting for my visa, theu would probablu cancel my application. Would anyone suggest I should just be neutral and let it be till i receive my visa?


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