ozKid Posted March 27, 2013 Share Posted March 27, 2013 Hi All, I need a little advice on my ENS 186 visa, my ENS 186 visa granted few weeks back, as per the agreement with my current employer its clearly mentioned in my contract that employer will be paying my visa fee and medical cost ( all inclusive ) so I go ahead and paid all the expenses considering they will be back but now my employer is denying the fact and not approving my expenses. What are my options ? if I switch my job will there be any issue ? any help would be really helpful. Regards.. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 27, 2013 Share Posted March 27, 2013 If you have been granted a 186 visa you are now a permanent resident, no ties to your employer, you can work for who you like and can leave whenever you want. Quote Link to comment Share on other sites More sharing options...
ozKid Posted March 27, 2013 Author Share Posted March 27, 2013 If you have been granted a 186 visa you are now a permanent resident, no ties to your employer, you can work for who you like and can leave whenever you want. Thanks for your response, but i have read few post here where ppl says ens 186 visa can be canceled if i leave my employer ????? Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 27, 2013 Share Posted March 27, 2013 Nope, not at all. Can you post any of these threads here?? A 457 can be cancelled, but 186 is a PR visa, and once issued isno able to be revoked by an employer. Quote Link to comment Share on other sites More sharing options...
blossom Posted March 27, 2013 Share Posted March 27, 2013 You, or other people may be getting confused with the rsms visa. That visa can indeed be cancelled if you don't work for them for two years. The ens visa it is only an obligation. Quote Link to comment Share on other sites More sharing options...
ozKid Posted March 27, 2013 Author Share Posted March 27, 2013 You, or other people may be getting confused with the rsms visa. That visa can indeed be cancelled if you don't work for them for two years. The ens visa it is only an obligation. Hi Blossom, so you mean to say it can be revoked if i'll leave the job before 2 years ? Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 27, 2013 Share Posted March 27, 2013 (edited) No!!! that is the rsms visa. You have a PR visa that comes with no conditions other than moral ones towards the employer that sponsored you. Edited March 27, 2013 by Tickled Pink Quote Link to comment Share on other sites More sharing options...
ozKid Posted March 27, 2013 Author Share Posted March 27, 2013 No!!! that is the rsms visa. You have a PR visa that comes with no conditions other than moral ones towards the employer that sponsored you. Hey Tickled Pink thanks for your reply .. Though visa condition is NIL in my grant letter .. but are you sure ??? I am bit confused here ...:arghh: Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted March 27, 2013 Share Posted March 27, 2013 What is there to be confused about? I know the conditions of this visa, I have it. Your own visa grant letter states no conditions. If you can't grasp it then I suggest you go and pay a registered migration agent to explain it to you. Quote Link to comment Share on other sites More sharing options...
grand Posted July 20, 2013 Share Posted July 20, 2013 If you have been granted a 186 visa you are now a permanent resident, no ties to your employer, you can work for who you like and can leave whenever you want. Hi Tickled Pink, I've had a chat with somebody from DIAC and they said the same thing "Once PR is granted on a 186, it cannot be cancelled or revoked. The applicant is only under a moral obligation to remain with the employer for a minimum 2 year period." I was not able to ask the same person where I could find such a statement on the DIAC website. Do you know where I can find the statement, or something similar to the effect that neither the employer nor the DIAC can cancel or revoke PR if I decide to leave the company before the 2 year period. It's just that I would like to have something official, in writing, from an official government website or such that I can use if / when the case arises that I need to move on to bigger and better employment opportunities, instead of being exploited. Thanks. Quote Link to comment Share on other sites More sharing options...
blossom Posted July 20, 2013 Share Posted July 20, 2013 You have something official, your visa. MY visa, which DOES have the condition where the visa can be cancelled (DIFFERENT VISA TO YOURS) says on the actually visa that I must stay with my employer for two years or it might be cancelled. Yours doesn't. You have it in black and white. You can also check the immigrations VEVO system to double check your visa status. Quote Link to comment Share on other sites More sharing options...
andyjmason Posted September 4, 2013 Share Posted September 4, 2013 I am interested in this issue too. I am in the process of being granted the 186 ENS and would like to switch employers before two years is up but from what i read on the DIAC site it seems to say that your visa can be cancelled if you do not meet the obligations it was granted under. This would surely mean you've signed your application saying you commit to working for your employer for two years and if you then don't then you'd need to obtain another employer sponsor to stay? My understanding was that PR kicks in once you've completed the two years. Its confusing. Quote Link to comment Share on other sites More sharing options...
blossom Posted September 4, 2013 Share Posted September 4, 2013 No, pr is from issue of the visa. Quote Link to comment Share on other sites More sharing options...
Guest rickstar Posted July 1, 2014 Share Posted July 1, 2014 Hey Andy, what was the outcome of your visa? I am in the same boat. Kind Regards Ricky Quote Link to comment Share on other sites More sharing options...
andyjmason Posted July 3, 2014 Share Posted July 3, 2014 Hey Andy, what was the outcome of your visa? I am in the same boat. Kind Regards Ricky Hi Im having trouble locating the thread, so if my reply doesn't match up please inbox me! Basically I resigned and wanted to leave and find the same job elsewhere. They contacted immigration who told them ( apparently) that they'd cancel my visa of I was no longer employed by them. I contacted them myself and was told to try everything I could to resolve matters and stay the 2 years or my visa was likely to be cancelled. After weighing up the worst case scenario we decided that it simply wasn't worth risking losing the visa we had worked so hard for. I am now counting down til I can leave legitimately without repercussions. I figure that the remaining 15 months will go quickly enough and by then we can apply for citizenship and get a job paying the correct rates etc. Its a grin and bear it situation. Happy to explain more of needed. Inbox seems easiest though. This site doesn't seem to include notifications which link directly to a reply to a thread, unless i am looking in the wrong place. Jo Quote Link to comment Share on other sites More sharing options...
fletchaman Posted July 3, 2014 Share Posted July 3, 2014 We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years. If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled this is direct from immigration website for 186 visa so you can have it cancelled Quote Link to comment Share on other sites More sharing options...
sucxx Posted July 3, 2014 Share Posted July 3, 2014 Your ENS indeed can be cancelled if DIBP can prove (possibily along with your sponsor's tip) you never intended work for the company hence your application is based on 'fraudulent and misleading' information. Tho I think it won't cause too much issues for TR transition stream as in most case it's given to the person as a 'reward' and the person is already worked for the company 2+ years. In the other case, you only briefly worked for the employer, DIBP will suss "throw $$$$$$ to illegal sponsorship buy-out" case if they informed so. Quote Link to comment Share on other sites More sharing options...
Ozlem Posted August 11, 2017 Share Posted August 11, 2017 (edited) Hi there we are under 186 almost a year now just wondering if I can run my own business under 186 instead of finding other company and leave the company as my 2 years sponsor.. Edited August 11, 2017 by Ozlem Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 13, 2017 Share Posted August 13, 2017 On 8/11/2017 at 19:33, Ozlem said: Hi there we are under 186 almost a year now just wondering if I can run my own business under 186 instead of finding other company and leave the company as my 2 years sponsor.. Yes, there's no condition on your 186 that you need to remain any specified period of time. When your application is processed, you commit that you intend to remain for 2 years, but following the visa grant you are able to leave your employer. Quote Link to comment Share on other sites More sharing options...
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