ENS 186 Transitional Residence Stream

Hi Guys,

So, I recently received my 186 visa email confirmation granting me permanent residency, with no obligations, no visa conditions and the ability to stay indefinitely!

however...

I recently applied for a job on a whim, thinking I wouldn't get accepted, and I got the job, with the perks and training and everything that would be awesome to have, Relocating state and all. Following a recent call with DIAC they said they cannot confirm my visa won't be revoked as alledgedly theres a rule where you have to stay for 2 years with your employer, however, the visa does not state this at all.

at the time of application I was aiming to stay here but this opportunity is too good to pass up, and it was 1 job I applied for and got, my partner lives in the state of which I got the job, after being unsuccessful on finding jobs up here over the past 6 months (not even 1 interview)

I have now been in this position for almost 3 years, (2 of which were 457) (the last year was awaiting decisions and granted mid Dec)

The question is, If I leave my employer, will I be subjected to interrogation on why, and would my reasoning be valid (Good opportunity, better location, better perks, partner living there)

Thanks in advance for all your help.

You possibly might have screwed-up by letting DIAC know about your intentions.

At the time of application for 186 you sign a commitment of your intention to stay with the nominating employer for a period of time.

If at the same time you apply for another job, and get it then that clearly shows a disregard for the commitment you made.

No wonder DIAC get upset.

If you got your PR and then subsequently applied for another job, and then quietly arranged a mutual parting of ways with your employer then you could easily have jumped ship to a new employer ( because your intention at the time of application was to remain with your employer, so you could be viewed as not intending deliberate visa fraud). Speaking to DIAC about it probably wasn't your best move.

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Hi Suzukicottie,

I had all intentions to stay with my employer at visa lodgement, my partner has been trying to move here for the past 12 months and had no luck, and the opportunities presented to me would be alot better than where I am now. so, it wouldnt be visa fraud because my intent was to stay with them. I spoke to them incase my employer contacted them and tried to sabotage me, that way I would have the knowledge from people. also, theres no written evidence of fraudulent behaviour because all intentions were correct at the time

If you accept this new job, it's possible your employer could complain to DIBP (or they may not). If they do complain, it's possible DIBP could look into it but it's likely they would not. On the off chance they did decide to look into it, you would be given a chance to respond.