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186 ENS - what happens if employer sacks you or makes you redundant


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Hi all,

 

We are in OZ on a 187 employer nominated visa. Recently my wifes employers (who sponsored us) have turned nasty and are threatening my wife with the sack. She has only been with them 3 months and the Visa specifies she has to stay with them for 2 years.

 

It says on the forms that if the job is terminated we will have a chance to explain why our Visa should not be cancelled by writing to the Visa people.

 

Anyone got any experience of this issue and what the outcome was ?

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Didn't think the 186 was as strict at the 187? Thought you could pretty much do what you liked - I know my brother was on this one and only stayed with his sponsoring employer 6 months after the visa was granted.

 

And if they employer terminates your employment it's them that is in breach of the conditions, not you.

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Agree with above, if it is a 186 you have nothing to worry about visa wise.

 

To be honest even if it a 187 there is no risk to the visa if you are made redundant, the difference is that if it were a 187 there is a risk of visa being cancelled if you leave of your volition within two years.

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Ok, well as she has been there less that a year she could very well have problems. If she was made redundant that would be fine, but if she was sacked immigration may investigate if they think she tried to get sacked to avoid the terms of her visa.

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Thanks for that, we are keeping a diary as evidence and hope to be able to plead our case with the immigration people if she is sacked.

 

It appears the company is over-staffed and looking to shed the easiest targets - my wife being on probation is the easiest to sack, but I can assure you she is doing EVERYTHING to try to avoid being sacked.

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Companies have to have a reason to sack people, if its over staffing then its redundancy. Each state has a job line that you can ring or look up on the web which provides conditions of employment.

 

Its the short term visas that are a problem as the labour laws are shades of grey with those and people have to leave the country.

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