Hespo

Hi there,

I was hoping someone would be able to help me with some advise or similar past experience? I am currently on a 187 visa, with my PR granted in September 16. I am currently on my 2year obligation to my sponsor employee and have just found out that the company i work for has been sold, which is due to handover next month and my role will not be continued. Does anyone know where this would leave me with my 2year obligation? Could i move out of my regional area? Will i have find another sponsorship? I am so confused with this 2year obligation requirement, when applying for the visa you have to agree to stay with your employer for 2years after your PR is granted but when i received my PR visa it noted 'NIL visa conditions'. There is limited information on this on the internet and a the number of MA i have spoken to have all given me difference advice.

Any advice or information would be greatly appreciate.

Thank you

The 187 your visa IS tied to staying with your employer. The 186 is only a moral obligation. So people do tend to get confused.

In reality, if you have done everything you can to sort out a problem with your job and haven't managed to then they are far more lenient on you if you leave (assuming you stay in the same area). You need to be able to prove you have done everything you can though.

So for example, email your employer pointing out that when they agreed to sponsor you they agreed to a wage of $xxxx which you are not being paid. The amount they are paying you now is below award wages, which is illegal. If they then don't put that right, report them to fairwork Australia. They will get you back pay etc, but you can argue that it is no longer a feasible place for you to work at due to bad feeling at you having to insist on your statutory rights.

Then you can write to immigration telling them you feel you have no choice but to leave. You'd have the email and fairwork Australia to back you up that you did try to correct the situation. Immigration don't expect you to work for less than award wages, that's why they insist on contracts before hand.

Thank you for your reply, it has been so useful. I have already emailed my employer on several occasions regarding my pay, so i will now contact Fairwork. I am at the start of my 2 years, but have been working for my employer for the last 18 months. I have read on a couple of sites that immi class "genuine effort" is over a year. Although i have not been on my 2years requirement for very long, i have worked with the employer for a while and I have had on-going pay issues since October. If i contact Fairwork, by the time that has been resolved i would of only been on my 2year requirement for about 6 months.

It is so difficult to know what to, i find the immi website very confusing and unhelpful to specific cases.

It just seems such a long time...

Thank you for your reply

Hi all,

Does anyone know of anyone that has left there 187 visa sponsor before the 2 year requirement is up? I have read so much online with conflicting information. Some stay yes, but at your own risk and others say that once you have your PR you can leave. I am really unhappy in my job and it making me very sick, i am also being paid under the award rate. There is lots of discussions online but i haven't found anyone who has left to hear their experience.

Thank you in advance for you help