KimL

On 2018/3/30 at 12:37, barker said:

Hi Kim, 

I'm sorry about your situation. I'm not a migration agent or a lawyer, and would suggest you contact one for some advice. 

That being said many questions that apply in medically related employment problems:

Is your job a physical job? Was this a workplace injury? Was this accident in Australia? Was this covered by mandatory insurance that every vehicle has (compulsory third party)?  Is your employer able to accommodate you in any way? Would you be able to negotiate unpaid leave? Do you have income protection insurance through your super? 

These questions will play a large part in your decision making process and certainly resigning is something that should be discussed with an RMA, even if just a 30 minute or 1 hour consultation. 

thank you for your time. My work is a physical job. I can no longer work as a massage therapist. I had a car accident and it is not a workplace injury, the accident happened in the city where I was working My employer totally understand my situation and agree to let me go. I am currently on an unpaid leave and don't have income protection. I want to find a new non-physical job to maintain my life, thank you. 

On 2018/3/29 at 20:49, Jack654 said:

Hi Kim,

I totally understand your situation. My is not much different. I talked to couple of MA regards this, now. As long as you dont work 24month there is no guarantee to keep PR. If you can survive untill July (to have 12months) you should be fine. 

Or your boss and you are not telling anyone and hope that they don't check with tax office. I will try not using this option, I just invested too much money in getting my 187 and don't wanna risk it.

Have you thought about just working less? I think there is not really a minimum what you have to work. But I could be wrong.

Best J

 

Thank you for your reply, I have talked to my MA as well and they have told me the same thing. I will keep in mind. But due to my condition I can no longer work so I am currently not working and dont have imcome. I have to leave this place to find a new non-Physical job.

On 17/03/2018 at 12:13, barker said:

There is no obligation for the employer to notify DIBP.

According to DIBP the vast majority of cancellation proceedings for 187 visas are as a result of employer notifications. They do not actively seek out to investigate whether someone is still with their employer, however there is nothing to prevent this. Long story short, from their own info and guidance, if your employer doesn’t say anything, nothing seems likely to happen. 

Another, more crafty method of accomplishing this is formally negotiating and more importantly documenting leave without pay with your employer. This is specifically allowed by DIBP and counts towards your two years. Of course you can take another job during this time. 

Hi bARKER

I am Kim. I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. also I had a car accident three years ago. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR). 

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get cancelled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get cancelled if I resign. I have a medical certificate from my GP. and car accident report from the hospital. Do you suggest I can write a resign form and leave this job behind? 

On 27/03/2018 at 11:31, AdamB said:

Relevant considerations in assessing ‘genuine effort’

,

If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

1. The visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)
2. The possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia
3. In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and
4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

• If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
• The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
• The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

 

Taken from 187 Visa Processing Time thread.

Thank you for your reply, I now have doctor certificate saying that I no longer able to work as a massage therapist and going to resign from my work, what do you think

On 27/03/2018 at 13:04, bobo.plipaks said:

Im also the same. My PR was granted last March 2017 and Ive been off work for 5 months now because of my injury and scheduled to have an operation next week. Im contemplating just to resign but Im being cautious with Immigration

I have got the doctor certificate. I am thinking to resign first. 

1 hour ago, Amy86 said:

What's your occupation??

hi Amy, I am a massage therapist. its all physical work 

hi Amy, I am a massage therapist. its all physical work

Hi, guys, My name is Kim L. I have an issue with my 187 VISA recently and I literally have no idea to deal with this. I hope any of you professionals can help me with this. 

I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR).

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get canceled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get canceled if I resign.

Please, I need advise......