bexter79 Posted December 4, 2013 Share Posted December 4, 2013 Hi Everyone I'm hoping you can help with some advice. I have looked on the immigration websites but having trouble figuring this out and really stressing about what to do/what my options are! Some background.. I got my 186 PR Visa 2 months ago. I found out around the same time that my mother is ill but I didn't think too serious. It now turns out she only may have 1-3 or so years to live (the doctors aren't sure). I'm heartbroken and want to go back to spend 1-3 years with her in the UK. But I also want to have a life in Australia afterwards as that is my dream and what I have been fighting for (to get PR) for 2 years whilst here in Oz. Can anyone help regarding the following questions: 1) I just checked the newish immigration site (skills select pages) on the 186 visa restrictions. It says under "Your Obligations for 186 visa holders".. "We might also seek to cancel this visa if you begin employment but do not remain in the position for the full two years". Now I'm concerned, when I last looked at this site I'm pretty sure it didn't say that. During the visa application process my understanding was that you just had to intend to stay 2 years with your employer (which I did), but that they would not take your visa away if you left before the two year period. E.g. things change, family emergencies, new job offers etc. Can any one offer any advice? Also to state my actual 186 visa printout says "Stay Period = Indefinite; Travel Facility = Multiple; Visa Conditions = Nil" so does this mean that I actually can leave my job in Australia with no issues, as the Visa Conditions = Nil? 2) Secondly and separatly, if I do go back to the UK for lets say 3.5 years. Then I move back to Australia afterwards. What are my options? E.g. As the travel period is only valid on my 186 visa for 5 years, this means that the travel period on my visa will expire in another 1.5 years after coming back. So if i understand this correctly, I will be in Australia but not able to travel at all after the initial 186 visa 5 years is up? Most people would just apply for the 5 year return residence visa, but I wont be able to qualify for a residence return visa as I wont have been here for 2 years out of the 5 years on my original 186 visa. What happens then, can I just never travel in fear of losing my visa? Help its just so unclear! Sorry maybe silly questions but i am just torn and don't know what to do. I need to go back to the UK and be with my mum, but I dont know how long for (1-3.5 years)? and what my options are so I can still have the life I dreamed of in Australia. Thanks for listening and hope you may have some advice for me :-) Link to comment Share on other sites More sharing options...
PrinceW Posted December 4, 2013 Share Posted December 4, 2013 I think for extending or renewing (whatever u call) ur PR after 5 years, the condition should be you have stayed in Aus at least 2 years within 5 years. In other words, you can't stay in UK for 3.5 years. But since you have stayed in Aus over 2 years, maybe you could consider stay another 1 year and 3 months to get eligible for citizenship then you could stay in UK as long as u want. Link to comment Share on other sites More sharing options...
oppyddrum Posted December 4, 2013 Share Posted December 4, 2013 if you don't meet the 2 years in 5 years residency requirement, there are other RRV options besides the 5 year one, you could get a 1 year RRV, and i think a 2 year one as well. with regards to the status of your PR on leaving your job, from the little i know, people have been able to leave their sponsoring employer before the 2 years are up, as long as the employer is happy, i think you are safe. Don't take my word for it though, a Registered MA is always a safe source of information in these sort of not-so-black-and-white cases. Link to comment Share on other sites More sharing options...
blossom Posted December 4, 2013 Share Posted December 4, 2013 The 186 is not tied to the job the same way the 187 is. You are free to leave the job and come and go into the country up until that five years is up. After that time you would need the return residents visa. Link to comment Share on other sites More sharing options...
bexter79 Posted December 10, 2013 Author Share Posted December 10, 2013 Thanks everyone appreciate your advice! Link to comment Share on other sites More sharing options...
andyjmason Posted March 7, 2014 Share Posted March 7, 2014 Have you considered paying for your mum to come and stay with you for a part of that period or her applying for one of the visas open to her to stay for a prolonged period or is that not feasible? You need to have resided in Aus for four years to apply for citizenship-would that work for you? The PR visa wouldn't matter then. Be careful about the employer sponsorship part, if they got stroppy you could be in trouble. I read that the 2 years is a moral obligation not a legal one but an immigration lawyer advised me that your visa was likely to be cancelled if your employer notifies immigration that you have left the position. I think you have a right to appeal, but the immigration process isn't an easy one, as you know. Good luck. Keep us posted on what you sort out. I'm on a 186 too and interested in how the 2 year commitment thing is followed through once PR has been granted. Joanne Link to comment Share on other sites More sharing options...
blossom Posted March 7, 2014 Share Posted March 7, 2014 No, they are confusing you with the 187 which DOES have an actual obligation for two years and that visa can be cancelled if you leave the job within the two years. The 186 is different. It would be near impossible to get anything more than a tourist visa for someone who has a terminal condition. Link to comment Share on other sites More sharing options...
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