ozKid

ENS 186 Visa Question

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ozKid    10

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..

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Tickled Pink    1,255

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.

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ozKid    10
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 ????? :o

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Tickled Pink    1,255

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.

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blossom    3,078

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.

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ozKid    10
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 ?

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Tickled Pink    1,255

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 by Tickled Pink

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ozKid    10
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:

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Tickled Pink    1,255

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.

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grand    10
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.

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blossom    3,078

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.

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andyjmason    10

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.

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andyjmason    10
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

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fletchaman    10

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

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sucxx    10

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.

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Ozlem    0

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 by Ozlem

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MaggieMay24    1,170
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.

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