ENS 856 Visa Approved: Can I go and get another job?

[peterhuli]

I have read around so many threads on getting a new job soon after getting a 856 visa approved. I've read about so many differing views and opinions saying 'you can' or 'its OK' or 'you can't quit before the 3 year obligation is up'.

 

My contract states:

 

1.5 ENS Obligation

You must give an undertaking to continue to work for 'Snake Milker's Bucket Holdings Pty Ltd' for a minimum period of three

years in line with the Employer Nomination Scheme programme commencing upon receipt of your permanent residency visa.

 

Could someone please tell me the definitive answer on whether I can quit my job soon after the visa approval and not get into trouble from my employer or DIAC?

[surflen22]

On the 856 visa you are under no obligation to continue working for the employer - for DIAC anyway.

 

Your contract with the employer may have different obligations

[Guest Sanj]

Hi Peter,

 

Thats only a moral obligation( I am only talking about your 856 obligations, your agreement with the employer has nothing to do with ENS obligations, and should be treated in isolation with 856 nomination) and if the circumstances change you are free to look for alternatives in a same way as your employer for example can retrench you if they need to reduce the work force..So if you got a better job or pay cheque ..Go for it!! BTW congratulations on your grant..

 

However, don't take my words for that.. here is the source..

 

http://immigrationptyltd.wordpress.com/2012/03/28/reforms-to-the-permanent-employer-sponsored-visa-program/

 

 

 

where Grant Williams answers immigration related queries ( Grant Williams is the Principal Registered Migration Agent (MARN 0854799) at Immigration Pty Ltd a Sydney based company providing professional advice and assistance in relation to all Australian visas. He has been working (as a Migration Agent) and writing on immigration issues since 1997.)

 

 

Here is a similar Q and his response

1. Falcon | May 8, 2012 at 2:32 pm | Reply
2. how long do i have to work for my employer after my ENS 886 visa is granted. in other words. can my visa be revoked if i leave my job after 3 months. to make more clear. I was sponsor ENS salary 72000 I worked 2 years on 457 and my PR was granted at the end of march 2012. I got an offer job from a different company nearly 120.000. I spoke with my employer and they told they cant match it. so I want to leave then. a friend of mine told me I have to stay for a few months…. what can you advise me. and thank you very much
   

 

 

• 1. Immigration Pty Ltd | May 8, 2012 at 11:06 pm | Reply
     

  Never good to get visa advice from unqualifed friends!

  You signed up for 3 years but this is not a visa condition. If circumstamnces change after the grant of your PR 856 visa you are, like everyone else. allowed to find a new job in exactly the same way that your employer could for example make you redundant if the business was reducing staff.

  Go for it.

  Grant Williams

   

 

 

I have read around so many threads on getting a new job soon after getting a 856 visa approved. I've read about so many differing views and opinions saying 'you can' or 'its OK' or 'you can't quit before the 3 year obligation is up'.

 

My contract states:

 

1.5 ENS Obligation

You must give an undertaking to continue to work for 'Snake Milker's Bucket Holdings Pty Ltd' for a minimum period of three

years in line with the Employer Nomination Scheme programme commencing upon receipt of your permanent residency visa.

 

Could someone please tell me the definitive answer on whether I can quit my job soon after the visa approval and not get into trouble from my employer or DIAC?