andyjmason Posted October 31, 2014 Share Posted October 31, 2014 I'm on an employer sponsored visa which was granted 13 months ago. Prior to that I worked there for 18 months on a temp visa. The place I work has become very unpleasant and the bullying I am suffering there is making me ill. I need to leave sooner rather than later but I am really worried about my visa. I know I would have to appeal and explain my circumstances I keep a professional journal but actually proving bullying is very difficult. I was wondering if anyone has left their employer on this sponsored visa and what the consequences were. I appreciate that everyone's situation is unique but would love to know what happened to anyone brave enough to take the chance. Thank you Link to comment Share on other sites More sharing options...
blossom Posted October 31, 2014 Share Posted October 31, 2014 Some have. It seems the key is to log everything, which you are, complain up the ladder at work. You have to be able to show you've done everything in your power to correct the situation. As you've been there over a year since the visa was granted it's a bit easier. Link to comment Share on other sites More sharing options...
andyjmason Posted October 31, 2014 Author Share Posted October 31, 2014 Its a small business with a director and an owner. The director is the bully along with another member of staff and they are both good friends with the owner. So far 60% of the staff have quit through bullying and intimidation but none have been able to challenge what has happened to them. Easier to quit and move on when the visa isn't a massive issue as it is for me. Link to comment Share on other sites More sharing options...
KerryGold Posted November 6, 2014 Share Posted November 6, 2014 Hi andyjmason, I called DIBP regarding this very question before. the DIBP said to me that this clause is NOT a requirement on your visa only an expectation. Hope this helps Link to comment Share on other sites More sharing options...
blossom Posted November 6, 2014 Share Posted November 6, 2014 It IS a condition of the 187 visa and it is possible for that visa to be cancelled. The 186 it is just an expectation. Unfortunately immigration are notorious at giving out bad information. Anyone on a 187 will have the visa conditions written on their visa approval letter. Link to comment Share on other sites More sharing options...
andyjmason Posted November 9, 2014 Author Share Posted November 9, 2014 Thanks I called them too and after an hour waiting in a queue I finally got to speak to someone who said I'd have to write telling immig what had happened and so would my employer. They said ot would then be 'investigated' and I could have my visa cancelled depending on what they decided. It appears that you can go through appeals processes should that happen, but as with everything in Aus bureaucracy, it involves lots of fees, charges etc. I'm nervous of the risks involved and how much of a chance it is to take with the visa. It actually gives employers too much power to abuse you once its granted and threaten to call immig if you leave.( Which is how it was put in my situation). ::-( Hi andyjmason, I called DIBP regarding this very question before. the DIBP said to me that this clause is NOT a requirement on your visa only an expectation. Hope this helps Link to comment Share on other sites More sharing options...
blossom Posted November 9, 2014 Share Posted November 9, 2014 You are over the 12 month mark, so they can see you have made a genuine effort to stay in the job. My unprofessional opinion is that you would be fine, going by having seen other people over the years on here. Especially if you find a new job in the same field and area. Link to comment Share on other sites More sharing options...
sazm2k12 Posted November 24, 2014 Share Posted November 24, 2014 I am going through a similar thing and have been told by immigration to leave - obviously this is an informal conversation with the contact centre so its not that reliable but I spoke to two different people and they both told me the same thing. I was told that immigration can't force you to stay in a job and if its affecting your health (which it is mine) then you can leave but you need evidence which includes a diary and any medical records etc. One of the people I spoke to told me that the only way a permanent residence visa would be cancelled is if you have obtained it fraudulently. I am going to leave my job and it will be before the 2 years is up (although I've been there over 2 years if you count the time on my working holiday visa) so I will let you know what happens. I am just in the process of trying to find a new job hopefully in the same role in the same area. Link to comment Share on other sites More sharing options...
andyjmason Posted March 31, 2015 Author Share Posted March 31, 2015 Hi, I was just wondering if you left your job in the end or not and if so what happened? I'm now 18 months into my ENS 186 (not 187 as I first said) and am very unhappy. I told my boss that i can't continue past my 2 years and will be leaving. They have decided they'd rather i go sooner and they've found a replacement. They've given me a letter saying its mutually agreeable that I leave next month and want me to write back saying I accept this. I want to do so but don't want to leave myself open to any trouble with immigration. I also wonder if the employer is obliged to tell Immi that I have left or not? Thank you I am going through a similar thing and have been told by immigration to leave - obviously this is an informal conversation with the contact centre so its not that reliable but I spoke to two different people and they both told me the same thing. I was told that immigration can't force you to stay in a job and if its affecting your health (which it is mine) then you can leave but you need evidence which includes a diary and any medical records etc. One of the people I spoke to told me that the only way a permanent residence visa would be cancelled is if you have obtained it fraudulently. I am going to leave my job and it will be before the 2 years is up (although I've been there over 2 years if you count the time on my working holiday visa) so I will let you know what happens. I am just in the process of trying to find a new job hopefully in the same role in the same area. Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 31, 2015 Share Posted March 31, 2015 Hi andyjmason, I called DIBP regarding this very question before. the DIBP said to me that this clause is NOT a requirement on your visa only an expectation. Hope this helps Staying with the sponsoring employer for two years on a 187 is very definitely a visa condition and not simply an expectation. If you made it clear that you were asking about a 187 rather than a 186, that bad advice is yet another example of why information provided by DIBP operators can't be trusted and you have no comeback if you act on their wrong advice. OP, as @blossom has pointed out, it is possible to leave an employer in under two years and keep a 187 and it has been done quite a few times, but you can't just walk out and hope for the best. You must have solid support for your assertion that you genuinely gave it your best shot so try to hang on as long as possible and document EVERY instance of bullying. It could also help if you can get statements from former employees who left because of the things you're experiencing. Fair Work Australia may be able to help. If they can't do anything to resolve the issues, you will have documented evidence of your attempts to solve them. There doesn't appear to be an obligation on you or your employer to notify DIBP if you leave early. The main problem with an 187 arises when when the employee leaves early and the employer complains to DIBP. If they don't complain, DIBP would never even know that you've left. If your employer is genuinely agreeable that you leave, you should be OK with DIBP but you should still get as much evidence as possible of the untenable work situation just in case the employer reneges on their current position. Link to comment Share on other sites More sharing options...
Bungo Posted March 31, 2015 Share Posted March 31, 2015 Hi, I was just wondering if you left your job in the end or not and if so what happened? I'm now 18 months into my ENS 186 (not 187 as I first said) and am very unhappy. I told my boss that i can't continue past my 2 years and will be leaving. They have decided they'd rather i go sooner and they've found a replacement. They've given me a letter saying its mutually agreeable that I leave next month and want me to write back saying I accept this. I want to do so but don't want to leave myself open to any trouble with immigration. I also wonder if the employer is obliged to tell Immi that I have left or not? Thank you The only way to be sure of no repercussions is if the employer terminates, which is not the case here. I don't think that your risk is high, but it is there. Personally, I would stick it out for another six months as you originally intended. Link to comment Share on other sites More sharing options...
blossom Posted March 31, 2015 Share Posted March 31, 2015 Hi, I was just wondering if you left your job in the end or not and if so what happened? I'm now 18 months into my ENS 186 (not 187 as I first said) and am very unhappy. I told my boss that i can't continue past my 2 years and will be leaving. They have decided they'd rather i go sooner and they've found a replacement. They've given me a letter saying its mutually agreeable that I leave next month and want me to write back saying I accept this. I want to do so but don't want to leave myself open to any trouble with immigration. I also wonder if the employer is obliged to tell Immi that I have left or not? Thank you You can leave. The 186 visa and the 187 visa are different. The 186 does not require you to stay with the employer for a certain amount of time. Link to comment Share on other sites More sharing options...
Ozmaniac Posted March 31, 2015 Share Posted March 31, 2015 Hi, I was just wondering if you left your job in the end or not and if so what happened? I'm now 18 months into my ENS 186 (not 187 as I first said) and am very unhappy. I told my boss that i can't continue past my 2 years and will be leaving. They have decided they'd rather i go sooner and they've found a replacement. They've given me a letter saying its mutually agreeable that I leave next month and want me to write back saying I accept this. I want to do so but don't want to leave myself open to any trouble with immigration. I also wonder if the employer is obliged to tell Immi that I have left or not? Thank you Well, a 186 and not a 187! That makes a huge difference! On a 186, you have no visa condition requiring you to stay for 2 years. You're free to go at any time and there is nothing your employer or DIBP can do about. You're a PR and you're free to work for anyone, anywhere, in any occupation. Best of luck for the future. Link to comment Share on other sites More sharing options...
Bungo Posted March 31, 2015 Share Posted March 31, 2015 The only way to be sure of no repercussions is if the employer terminates, which is not the case here. I don't think that your risk is high, but it is there. Personally, I would stick it out for another six months as you originally intended. Ignore this post, I was still reading it was the 187.. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.