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PR Help


nataliem

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Hi, I've been at my company for almost 2 years on a 457 and it's likely they're going to put me forward for PR.

 

Does anyone know, once I get the PR what my rights are? Can I leave the company and still have the PR? Could I go live in a different state and do a completely different job ie work in bar and still be ok?

 

Thanks in advance

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It depends on which visa you get. A 186 would have no obligation to anyone or anything. Though I would not recomend leaving the employer immediately as that could look like visa fraud. However, a 187 would tie you to the employer for two years.

 

Be be aware that even if it is a 186 many employers will ask you to agree to stay for a couple of years or repay the visa fees.

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Guest Guest98336

As part of the 186 process, your employer commits to DIBP to provide you employment in the nomiated position for 2yrs; you likewise commit to working in that position for two years. Once the PR is granted, however, there is no formal requirement for you to both honour those commitments. Don't leave straight away though...

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  • 9 months later...

so what if someone had done one year with the company prior to sponsorship, 4 years on a 457(total 5 years) and got PR, would it be so bad still for them to leave the employer after receiving the 186?

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so what if someone had done one year with the company prior to sponsorship, 4 years on a 457(total 5 years) and got PR, would it be so bad still for them to leave the employer after receiving the 186?

 

See posts above. When the 186 is applied for the employee is declaring a intention to remain in that role for at least two years. Leaving immediately or shortly thereafter could be construed as having obtained the visa fraudulently, were it brought to the attention of DIBP.

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From the perspective of a prospective future employer, it could also be perceived negatively that you've taken advantage of the cost and time for your employer to sponsor your permanent residency and then you immediately jump ship.

Clearly, if there are solid reasons for leaving, that's one thing; just doesn't sit well with future employers who may want to invest in you that, as soon as that investment is done, you could up and away. Of course, this could happen with anyone, but where there's 'evidence' of past experience, it can tinge the future.

 

Legally, I'd second everything said above about visa fraud.

Morally, there are - perhaps - other questions to ask.

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From the perspective of a prospective future employer, it could also be perceived negatively that you've taken advantage of the cost and time for your employer to sponsor your permanent residency and then you immediately jump ship.

Clearly, if there are solid reasons for leaving, that's one thing; just doesn't sit well with future employers who may want to invest in you that, as soon as that investment is done, you could up and away. Of course, this could happen with anyone, but where there's 'evidence' of past experience, it can tinge the future.

 

Legally, I'd second everything said above about visa fraud.

Morally, there are - perhaps - other questions to ask.

 

There are definitely moral considerations and also the practical one of employer references and personal reputation. Australia uses references extensively and it is a small world and you never know when your paths will cross again.

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