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lijo2012

186 ENS Granted.............can I change job now

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Hi I was on 457 visa for last 22 months, and recently approved 186 ENS PR........can I break my employment contract and look for another job...will it cancel my PR........please help if anyone had this same situation...........

 

Thanks

 

Jo

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Yes you can.

 

thanks..............what my doubt is can my employer cancel my PR for changing my job......:chatterbox:

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I wouldn't recommend it myself. If your employer is aggrieved and so inclined they might claim you had no intention of ever staying with them and effectively lied on your application. And it might not help your professional reputation / references either.

 

If you did not want to stay with the employer, the skilled migrant visa would have made a lot more sense.

 

Employers themselves do not grant visas and nor can they cancel them.

Edited by Rupert

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I wouldn't recommend it myself. If your employer is aggrieved and so inclined they might claim you had no intention of ever staying with them and effectively lied on your application. And it might not help your professional reputation / references either.

 

If you did not want to stay with the employer, the skilled migrant visa would have made a lot more sense.

 

Employers themselves do not grant visas and nor can they cancel them.

 

Thats True.......hmmmm

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Hi

 

For the ENS 186 you have to make a true declaration that you intend to work for your sponsor for two years, so I think seeking a move immediately could be grounds to invalidate it. Don't know in practice the likelihood but it is there...

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I am in this position, my employer has made my position untenable since I received the 186 last year and I have tried to resolve issues properly but it just hasn't worked. I have decided to resign and spoke to immigration. They told me my employer can request that i am investigated and they MAY decide to investigate whether I only took the job for the visa and had no intention of staying in the job-I've been there 14 months now. They said I have to email them about my situation and provide all the evidence I have to back my decision. They will then decide whether to " move to cancel the visa", I believe there is an appeals process you can go through. I really don't know how long any of it takes but a vindictive employer will do whatever they can to mess up your life. Luckily I have always maintained a professional journal and this has all the evidence I need to show their breaches and failure to abode by contractual obligations so i will submit this alongside witness statements I have from colleagues. Bottom line being that if you want to change jobs you have to be prepared to lose your visa. For me the job wasn't worth the visa in the end and was making me ill so I had no real choice. If its just for more money I would say stick to your commitment and avoid the hassle. Jo

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I am in this position, my employer has made my position untenable since I received the 186 last year and I have tried to resolve issues properly but it just hasn't worked. I have decided to resign and spoke to immigration. They told me my employer can request that i am investigated and they MAY decide to investigate whether I only took the job for the visa and had no intention of staying in the job-I've been there 14 months now. They said I have to email them about my situation and provide all the evidence I have to back my decision. They will then decide whether to " move to cancel the visa", I believe there is an appeals process you can go through. I really don't know how long any of it takes but a vindictive employer will do whatever they can to mess up your life. Luckily I have always maintained a professional journal and this has all the evidence I need to show their breaches and failure to abode by contractual obligations so i will submit this alongside witness statements I have from colleagues. Bottom line being that if you want to change jobs you have to be prepared to lose your visa. For me the job wasn't worth the visa in the end and was making me ill so I had no real choice. If its just for more money I would say stick to your commitment and avoid the hassle. Jo

There is NO condition to stay with your employer on the 186. Only the 187 has that. As long as they don't believe to lied about your intentions to work there, which they won't as you have been working there your visa can not be cancelled.

Immigration are notorious for giving out incorrect info.


Has two beautiful Aussie little girls :-)

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Thank you, that's reassuring. I was on hold for 90 minutes and they were pretty keen to get rid of me when I did speak to them. When I asked what evidence they required from me to prove my situation she was extremely vague but she was clear on saying they would only investigate if my employer asks them to and then they may or may not pursue it. She also said that it would be an investigation into whether I was not intending to work for them for the two years. I actually was fully committed to the two years and am quite depressed that its gone so wrong so soon. I have no idea how they'd prove I was a fake but its still scary when you have a really spiteful, unprofessional boss. The way she runs her business is shocking so she will do her utmost to make me pay for leaving-through the visa cancellation if she can. I'll update here as it develops.

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I am in this position, my employer has made my position untenable since I received the 186 last year and I have tried to resolve issues properly but it just hasn't worked. I have decided to resign and spoke to immigration. They told me my employer can request that i am investigated and they MAY decide to investigate whether I only took the job for the visa and had no intention of staying in the job-I've been there 14 months now. They said I have to email them about my situation and provide all the evidence I have to back my decision. They will then decide whether to " move to cancel the visa", I believe there is an appeals process you can go through. I really don't know how long any of it takes but a vindictive employer will do whatever they can to mess up your life. Luckily I have always maintained a professional journal and this has all the evidence I need to show their breaches and failure to abode by contractual obligations so i will submit this alongside witness statements I have from colleagues. Bottom line being that if you want to change jobs you have to be prepared to lose your visa. For me the job wasn't worth the visa in the end and was making me ill so I had no real choice. If its just for more money I would say stick to your commitment and avoid the hassle. Jo

 

I also don't think you have anything to worry about. Your situation sounds completely different to the one from last year, in that case somebody appeared to have got the 186 and planned to resign the next day practically.

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