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457 to PR and leaving current job


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Hi.... just joined today. My stats are below…. I am really hoping someone can offer me some guidance here….

 

I have been working for my company for 3 years and I am currently on 457 and awaiting 186 visa. Before Christmas my manager changed and the new manager has been horrible. He has been excluding me from team meetings, and been doing everything he can to minimise my development at work. I used to really enjoy my job but now the new manager has made me feel totally not valued. The manager has also been slowly giving work that it would be reasonable to expect for me to carryout to other colleagues who have ZERO experience in the field that I work. He says that he wants to share the work around to grow people’s knowledge.

 

About a week ago I was contacted by my company’s major competitor and they have offered me a role after I met their hiring manager for coffee. The job that I have been offered is the same as what I do now, but with double the salary and also the whole responsibility for my work and not with some of the responsibility palmed off to other inexperienced members.

 

I want to accept the job and the new employer is aware I am waiting for PR. They have said that they will keep the job for me.

 

Can someone please tell me if I have to wait 2 years before I can leave my company to work for another company. Also I am concerned as I have been offered the other job before my PR has been granted. Would I loose PR if I resigned from the company sponsoring me after getting PR?

 

I know that some would say it may be immoral leaving the sponsoring company, but if you guys saw how I had been treated in the last 3 months you would fully understand why I want to leave. The situation is I feel my boss is fearful of my knowledge and is hoping I’d leave anyway.

 

Thanks Sam.

 

 

 

ENS 186, TRT | Nomination: 02/11/2015 Status: Application Received | Visa: 02/11/2015 Status: Application Received

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Hi Sam

I will move your post to a new thread of its own so it doesn't get 'lost'. As far as i am aware once your PR is granted and in your hand (so to speak) you are free to go work where you want. Leaving your sponsor prior to the visa grant could be a lot of hassle if PR is imminent.

 

Cal x

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No you do not have to stay with the employer for two years. But resigning promptly after getting PR is not a good idea IMHO. This is because you are supposed to have an intention to remain with the employer for two years, whereas leaving the minute the PR visa is granted suggests you do not have this intention. If the employer gets the hump and decides to report you, there could be an argument that you received your visa under false pretences and in these circumstances PR visas can be revoked. It is your risk to take, but I would not do what you are considering.

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Hi Sam, I can empathise. And you technically could do this. However, it's a massive risk because you're defrauding DIBP. When you applied for the 186 you said you intended to remain with your employer for 2 years. Your circumstances have now changed, in that you're not intending to stay with the employer and you're supposed to advise DIBP if you've had a change in circumstance prior to the visa grant. But you can't do this because then you would likely lose your sponsorship & possibly your job!!

 

i would speak to the new employer & see if they will sponsor you on a 186, direct entry. Then withdraw current application.

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Could you not address this with your boss? If they ignore it go higher and to the boss of your boss and address your concerns confidentially if not go to HR? Leaving your job over this seems quite exaggerated?

 

That might be a good way to go about it if the OP was intending staying at the current employer long-term.

 

However, the offer doubling the salary, with more suitable terms, elsewhere is probably the more attractive option!

 

Unfortunately the visa situation is the tricky stumbling block.

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