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187 issue, would my tricky situation be Ok?


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Hi guys,

 

I am currently on 187 which and have worked for nominated sponsor for 1 year and 2 months. Recently my parents are hatching up a visit to Australia for six months. I need to be with them on a 24-hour basis on account of their old age and some diseases they had for long. In which case, I need to be out of my current work as where I am located is a bleak place with only a small population and nothing else. My parents dont speak good English so they could not survive here. However, I am afraid of risking my visa if I directly resign from my employment. So now, I have plotted a tricky solution which has already been positively supported by my boss (because we have built good relationship) that I give him a notice of temporary leave for half year without pay and after which I would come back on duty and he's gonna say yes to my notice. My boss does not have a single problem with it. Besides, I also applied my citizenship 1 month a go and I believe I should be getting it in the next six months as my real intention is to get out of my job immediately after I acquire my citizenship as I am already sick of it and I wouldnt return to here at all. So my question is if DIAC comes to me by any chance (I reckon the chance is not big but just in case) and I tell them my story, will it jeopardize my PR? I presume it would probably be fine because the employment is just paused, not ceased based on my notice, maybe?

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What the visa requires me to do is to do the job for 2 years , but didn't say to do the job for consecutively 2 years. I cant see a problem by temporarily pausing my employment and restart it half a year later. My parents are indeed coming and I have to stay with them I don't have a choice. My boss definitely would not pay me for half a year with me out of duty. What else I can do??

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Can you delay your parents arrival until your citizenship is granted? If so then this would be the best way I suspect as at this point you no longer have a visa and therefore no conditions on your employment etc.

 

It might not be a good solution as the main purpose for them coming here is to sort out some house issues as I am not able to do it since I am in Reginal area. prolonging their trip would probably end up with serious consequences. But very appreciate your advice anyway. Thank you

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It might not be a good solution as the main purpose for them coming here is to sort out some house issues as I am not able to do it since I am in Reginal area. prolonging their trip would probably end up with serious consequences. But very appreciate your advice anyway. Thank you

 

Without meaning to be rude....however I will be blunt...even more serious consequences could come from breaching any visa conditions you may have. If you want citizenship please whatever you do make sure you fully understand the conditions on your visa and the impact any decision you make may have on these. Maybe speak to a migration agent if you are unsure of the requirements of your visa?

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Hi guys,

 

I am currently on 187 which and have worked for nominated sponsor for 1 year and 2 months. Recently my parents are hatching up a visit to Australia for six months. I need to be with them on a 24-hour basis on account of their old age and some diseases they had for long. In which case, I need to be out of my current work as where I am located is a bleak place with only a small population and nothing else. My parents dont speak good English so they could not survive here. However, I am afraid of risking my visa if I directly resign from my employment. So now, I have plotted a tricky solution which has already been positively supported by my boss (because we have built good relationship) that I give him a notice of temporary leave for half year without pay and after which I would come back on duty and he's gonna say yes to my notice. My boss does not have a single problem with it. Besides, I also applied my citizenship 1 month a go and I believe I should be getting it in the next six months as my real intention is to get out of my job immediately after I acquire my citizenship as I am already sick of it and I wouldnt return to here at all. So my question is if DIAC comes to me by any chance (I reckon the chance is not big but just in case) and I tell them my story, will it jeopardize my PR? I presume it would probably be fine because the employment is just paused, not ceased based on my notice, maybe?

 

Didn't your parents consult with you at all before planning this trip? If they are sick and elderly and require 24 hour care surely they should've made you aware of such a lengthy trip, with its implications for your own job and lifestyle.

Who cares for them back home? Can that person not accompany them for at least part of the time?

 

I don't wish to sound harsh but it seems bit unfair of your parents to expect you to jeopardise your job and possibly your visa for their holiday.

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I'm also wondering about your character too, you say your boss is willing to give you 6 months leave due to your good relationship, yet you are secretly planning to change jobs the minute you have citizenship?

 

As for your parents coming for a 6 month period, this must have been a choice you made. You are risking your visa for this and you appear to be aware of the consequences. Only you can be sure whether you are ready to risk your visa and your life in Australia for this choice.

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It might not be a good solution as the main purpose for them coming here is to sort out some house issues as I am not able to do it since I am in Reginal area. prolonging their trip would probably end up with serious consequences. But very appreciate your advice anyway. Thank you

 

I don't get this story. They are apparently so sick they require round the clock care and you need to leave your job, but yet are able to travel to Australia for six months to sort out your house issues? It is pretty unusual for sick people requiring round the clock healthcare to go on six month holidays isn't it? Are you sure you are not exaggerating their needs in an effort to justify breaching your visa conditions?

 

At the end of the day, you know what is required of you, you know very well that you are expected to stay for two years after the visa grant or put your visa at risk. I don't think anybody on the forum can tell you any different.

 

Will you be found out and have visa cancelled, quite possibly not, but you never know. The employer might turn out to be aggrieved and report it, a colleague might blow the whistle. It is up to you to decide if you what to take that risk. I don't think anyone on a forum would want to take the responsibility of telling you it is going to be fine and then hearing in two months that you are being investigated.

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