Changing employer on a granted 186 visa

[nikolass]

Hello

I've had my 186 visa for just over six months now and have just accepted another job. Do I have to let the dept of immigration know and if so how do I go about this?

Thanks,

Nick

[SOMV]

Nick you are now a permanent resident, so no you do not have to inform the Department. You just have to abide by any conditions that are attached to your visa.

Speaking of which, you should keep in mind the following:

When you applied for your 186 (anyone reading this please DON'T confuse this with a 187 visa as the rules for the 187 are different) you declared that you agreed to work in the nominated position for at least two years. And that you understand that if you as the applicant, or any family members included in the application, 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. In such circumstances any visa granted may be cancelled.

So this means that when your visa application was lodged, you must have had 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. As long as there is no question about this, then that's fine.

In other words, people who are 186 visa holders sometimes worry about whether their permanent residency visa will be cancelled if they leave their employer before the 2 years of employment are up. (Usually they worry because they read information on forums that relates to the 187 visa.) But generally you have nothing to worry about unless you provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’. And I have not heard of the Department cancelling permanent residency visa unless they are provided with some clear evidence of fraud or misleading behaviour in relation to a visa application (for example, an email in which you state that you plan to quit your job as soon as you obtain your permanent residency).

Sorry for the lengthy explanation, but I thought I would mention this in case anyone else has questions about this.

[Ankit]

Hi

I am planning to take up offer from another firm. I was granted 186 visa employed sponsored PR 5 months back. Can you let me know if you faced any trouble while submitting ur pr documents to your new company?

[grr]

How did you guys go after accepting new job offer? Is it fine to accept a new job while you are still under 2 years with after 186 Visa nomination/approval

[cyril_au]

2 hours ago, grr said:

How did you guys go after accepting new job offer? Is it fine to accept a new job while you are still under 2 years with after 186 Visa nomination/approval

I believe it only depends (as SOMV mentioned) on how badly your employer wants your visa to be canceled (so they bother to fill the complaint with Department of Home Affairs) AND on whether they have any evidence to support their complaint to Department of Home Affairs OR whether they complain and it is evident that you didn't have any plans to stay with the sponsoring company after 186 is granted i.e. you don't have any good explanation why you have to leave now and why that wasn't a case when you lodged your visa application.

No one can give you an exact answer to the question, as it pretty much depends on your particular situation. I never heard about anyone (and was unable to find any case on the internet or on AAT) whos 186 was canceled because of the provided ENS / RSMS answer is false or misleading information.

Edited September 24, 2019 by cyril_au