New Job offer while waiting for PR

[bridgie]

Anybody know the answer to this one??

 

Our son has been waiting for his employer sponsored PR and it should be any day now as the case officer has requested some extra info a month ago. He has been treated appallingly at work (The details of which I won't go into here). He has been offered another job by another company with all round better conditions---question---what would happen if he took the job before he was awarded his PR?

 

As far as I know there is a contract between his employer and Immigration that they (his employer) will employ him for two years after the granting of the PR. He has worked for his current employer for 4 years now and the original agreement was to employ him for two years and then sponsor him on 186. His employers have held out sponsoring him and strung him along for as long as possible but, after much heart ache the paperwork has been submitted since September 2015---The much vaulted six month granting has long passed and that is why it must be any day. However every extra day for him is sheer hell and this job offer seems like heaven but of course he is worried he will lose everything.

 

All a bit confusing but the nub of it is------Can he leave after giving notice, accept the other job and then get his PR.

 

appreciate any points of view or any knowledge of known situations.

[Bungo]

Your son made the choice to accept sponsorship on a temporary visa. The employer has no obligation whatsoever to upgrade this sposnorship to a permanent visa and he was very fortunate that they decided to do so. If he quits before it is through, then obviously he is not going to get his PR visa. If he quits immediately after the PR visa is granted then the employer could complain to immigration and accuse him of visa fraud and in this case his visa could be revoked.

 

Your son is entitled to the same employee rights as anybody else on the 457 visa so if he has been treated badly then he should go through the normal channels to get this addressed.

 

He is not going to get a permanent visa out of sympathy or because of his track record. Permanent employer sponsored visas are forward looking not backward looking, they are not handed out because somebody has worked for an employer for X years in the past, they are handed out because there is an expectation of the future.

[Pommie]

This post may be out of date, but offers some overview - I would advise you or your son to do some research on the visa rules.

 

http://www.visaaustralia.com.au/employer-sponsored-visas/employer-sponsored-visas-can-i-leave-before-2-years/#disqus_thread

 

Given the length of time he has already worked for the employer and the time taken to get the grant, it may be possible to show genuine intention and then POST GRANT, a change of circumstance. If the new job offer is a promotion / good career opportunity, then again, this may be a reasonable reason. But, do your research....

 

Will / can the new employer provide sponsorship ?

[Pommie]

This is a 2013 article and visa rules do change, but again it may offer some relevant insights (assuming they have been over ridden by new rules)

 

http://myaccessaustralia.com/10-useful-things-to-know-about-australia-186-visa/

[Isabelj28]

Anybody know the answer to this one??

 

Our son has been waiting for his employer sponsored PR and it should be any day now as the case officer has requested some extra info a month ago. He has been treated appallingly at work (The details of which I won't go into here). He has been offered another job by another company with all round better conditions---question---what would happen if he took the job before he was awarded his PR?

 

As far as I know there is a contract between his employer and Immigration that they (his employer) will employ him for two years after the granting of the PR. He has worked for his current employer for 4 years now and the original agreement was to employ him for two years and then sponsor him on 186. His employers have held out sponsoring him and strung him along for as long as possible but, after much heart ache the paperwork has been submitted since September 2015---The much vaulted six month granting has long passed and that is why it must be any day. However every extra day for him is sheer hell and this job offer seems like heaven but of course he is worried he will lose everything.

 

All a bit confusing but the nub of it is------Can he leave after giving notice, accept the other job and then get his PR.

 

appreciate any points of view or any knowledge of known situations.

 

 

The basic answer to your question is no. If he leaves before the PR is granted, then the current employer will withdraw sponsorship and if they do that he can't be granted the visa. He needs to stick it out for a bit longer and then look for jobs only after PR grant. Some time needs to pass though otherwise his current employer could say that he never intended to stay with them and advise DIBP that he gave false info at the time of visa application.

 

I know it's hard, believe me, but short term pain for long term gain. Perhaps only another 6-9 months and he can start the next chapter.

[MaggieMay24]

As posted above, if he gives notice before his PR visa is approved, the sponsor can contact DIBP and his visa application would very likely be refused as he was leaving the nominating sponsor.

 

After the visa is granted, he can resign. If he does this immediately after the visa is granted, his employer could complain to DIBP that he had no intention of remaining with them and got his visa under fraudulent circumstances (when he applied, he needed to confirm he intended to remain with the employer for 2 years). He'd be better off sticking with it another few months and then if a better opportunity comes up he can take it with less worry about DIBP questioning his PR visa.

[bridgie]

Thanks very much for the replies. It very much echoes what we have researched. I found this online and I think it sums it all up nicely.

 

,

[h=2]Employer Nomination Scheme – 186 visa holder[/h],

In the visa application form, as the applicant, you are required to declare that you:

 

 

1. Agree to work in the nominated position for at least two years
2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.
   

 

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.

Once you have obtained your permanent residency visa

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role.

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. This will generally not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

In my view, even if the Department is informed about your cessation of employment, they will not act to cancel your permanent residency visa unless they are provided with some clear evidence of fraud or misleading behaviour in relation to your visa application (e.g. an email in which you state that you intend to quit the moment that you obtain your permanent residency).