Leaving employer on 187 Visa before 2 years...but after getting the citizenship

[raj6622]

Hello Friends,

 

I have been with my employer from 18 months..but after getting Permanent Residency it comes to only 12 months.. So just finished 1 year. I am applying for my citizenship next week. Once i recieve the citizenship..do i still have to stay with the employer..i mean its a hard job..lot of physical work involved and severe backpain as well. i complained the same to employer and have reduced my duties of lifting..My question is once u get the citizenship..there is no condition , no obligation and its a total new Passport. Any suggestions be appreciated greatly.

 

In other words will i have any issues if i leave the employer before 2 years..but after getting my citizenship...

 

thank you in advance

[Leanne Stevens]

If they are following their own policy, DIBP should hold on to your citizenship application until you have met the 2 years.

[raj6622]

Thanks Leanne , but as per the immigation guidelines i am eligible for citizenship next week. Been In australia for more than 6 years and 1 year with residency..

[Leanne Stevens]

You are, however you have a visa which has a cancellation provision. I have seen them grant citizenship before the 2 year mark in cases such as yours, but their own policy is to hold on to the application until your PR is unconditional.

 

 

Thanks Leanne , but as per the immigation guidelines i am eligible for citizenship next week. Been In australia for more than 6 years and 1 year with residency..

[raj6622]

Hello on the medical grounds that i am experiencing severe back pain backed by doctors certificate and in this case if the employer accepts my condition and if he is happy to let me go..in that case will i still be in trouble.

 

thanks

[George Lombard]

Hi Raj,

 

I think Leanne's view about citizenship is quite correct; whether you can leave your post within the two year period mentioned in s.137Q of the Migration Act is another issue. There are a number of decisions on the old MRT database concerning this issue, just go to http://www.austlii.edu.au/form/search1.html?mask=au/cases/cth/MRTA and search on "137Q". The AAT which has assumed this jurisdiction from 1 July last year has not published any significant decisions yet. Clearly inappropriate to give you shorthand advice here for something which might be so difficult :-(

 

Cheers,

 

George Lombard

[Steven9818]

I am jumping onto this post a bit late in the day but am I correct that if you leave the employer before the 24 months are up the 187 will be cancelled by immigration?

[rammygirl]

Not necessarily.  It would depend when you leave, why you leave and where you go.  Each case is different.  

 

 

[Zet01]

On 5/29/2016 at 16:03, raj6622 said:

Thanks Leanne , but as per the immigation guidelines i am eligible for citizenship next week. Been In australia for more than 6 years and 1 year with residency..

You are eligible for citizenship under the old rules.. but take note that the new rules would require you 4 years Permanent Residency before you can apply for citizenship.