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Jack654

187 Leaving early with help of sponsor

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Hi,

Me and my sponsor wanna go separate ways without loosing PR and not finishing 24month.

I already did some online research and talked also to immigration agents. Everyone is saying something different.

Some say that you have to stay 24month. Which is not an option for me!

If my sponsor says he has no work for me and has to fire me. I have to stay in my regional area and find a new job. Two different imitation agents said it's fine. But that sounds wrong. Because if I would only have worked one day, it probely not okay. I assume that there is a minimum timespan which I have to stay with my sponsor. Online I found some who said at least 6month or 12 months and I be fine.

My question:

- Would be 6 months enough. Of not would be 12 months enough

- if I don't find another job can I move into a different regional area or should I take center link support instead?

Has anyone experience with this issue or knows an immigration agent who is actually helpful?

 

Cheers

 

Jack 

 

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Hi there, 

my co-workers were sponsored with 187 both of them and they did not complete the 2 years with the sponsor! Nothing happened to them, they had a deal with the employer and if no one tells immigration is fine. You have to stay in that field for another year but you can change place of work. an Irish lady who was working with me with 187, after she was granted the visa, she stayed 4 months then she left and nothing happened to her. Another guy after 187 visa granted, stayed only 2months then he quit. He is still in Oz. Nothing happened to him!

 

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31 minutes ago, Ally89 said:

Hi there, 

my co-workers were sponsored with 187 both of them and they did not complete the 2 years with the sponsor! Nothing happened to them, they had a deal with the employer and if no one tells immigration is fine. You have to stay in that field for another year but you can change place of work. an Irish lady who was working with me with 187, after she was granted the visa, she stayed 4 months then she left and nothing happened to her. Another guy after 187 visa granted, stayed only 2months then he quit. He is still in Oz. Nothing happened to him!

 

Thanks for letting me know.

Are you saying that they all did not inform immigration that they left their sponsor and immigration did not find out?

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22 hours ago, Jack654 said:

Hi,

Me and my sponsor wanna go separate ways without loosing PR and not finishing 24month.

I already did some online research and talked also to immigration agents. Everyone is saying something different.

Some say that you have to stay 24month. Which is not an option for me!

If my sponsor says he has no work for me and has to fire me. I have to stay in my regional area and find a new job. Two different imitation agents said it's fine. But that sounds wrong. Because if I would only have worked one day, it probely not okay. I assume that there is a minimum timespan which I have to stay with my sponsor. Online I found some who said at least 6month or 12 months and I be fine.

My question:

- Would be 6 months enough. Of not would be 12 months enough

- if I don't find another job can I move into a different regional area or should I take center link support instead?

Has anyone experience with this issue or knows an immigration agent who is actually helpful?

 

Cheers

 

Jack 

 

If your employer does not report you to immigration then I think it's alright. There's a case where employer reported the employee for not having genuine intention to stay with the employer and his visa got cancelled. A friend received her pr wen she applied off shore, came to australia after then finds out the employer no longer has a job offer for her. She called immigration to ask about her situation and was told she was already a PR so she can do what she wants. 

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Yes thats what i am saying.... if you make a deal with your employer and none of you report that to the department you are fine. I am in the same situation and my employer already told me that i can leave once i get pr if i do not want to stay. I stayed with him for 5 years and he understands that life goes on. I would not worry if i were you!

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There is no obligation for the employer to notify DIBP.

According to DIBP the vast majority of cancellation proceedings for 187 visas are as a result of employer notifications. They do not actively seek out to investigate whether someone is still with their employer, however there is nothing to prevent this. Long story short, from their own info and guidance, if your employer doesn’t say anything, nothing seems likely to happen. 

Another, more crafty method of accomplishing this is formally negotiating and more importantly documenting leave without pay with your employer. This is specifically allowed by DIBP and counts towards your two years. Of course you can take another job during this time. 

Edited by barker

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On 17/03/2018 at 12:13, barker said:

There is no obligation for the employer to notify DIBP.

According to DIBP the vast majority of cancellation proceedings for 187 visas are as a result of employer notifications. They do not actively seek out to investigate whether someone is still with their employer, however there is nothing to prevent this. Long story short, from their own info and guidance, if your employer doesn’t say anything, nothing seems likely to happen. 

Another, more crafty method of accomplishing this is formally negotiating and more importantly documenting leave without pay with your employer. This is specifically allowed by DIBP and counts towards your two years. Of course you can take another job during this time. 

Hi bARKER

I am Kim. I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. also I had a car accident three years ago. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR). 

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get cancelled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get cancelled if I resign. I have a medical certificate from my GP. and car accident report from the hospital. Do you suggest I can write a resign form and leave this job behind? 

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1 minute ago, KimL said:

Hi bARKER

I am Kim. I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. also I had a car accident three years ago. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR). 

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get cancelled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get cancelled if I resign. I have a medical certificate from my GP. and car accident report from the hospital. Do you suggest I can write a resign form and leave this job behind? 

Hi Kim,

I totally understand your situation. My is not much different. I talked to couple of MA regards this, now. As long as you dont work 24month there is no guarantee to keep PR. If you can survive untill July (to have 12months) you should be fine. 

Or your boss and you are not telling anyone and hope that they don't check with tax office. I will try not using this option, I just invested too much money in getting my 187 and don't wanna risk it.

Have you thought about just working less? I think there is not really a minimum what you have to work. But I could be wrong.

Best J

 

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15 hours ago, KimL said:

Hi bARKER

I am Kim. I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. also I had a car accident three years ago. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR). 

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get cancelled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get cancelled if I resign. I have a medical certificate from my GP. and car accident report from the hospital. Do you suggest I can write a resign form and leave this job behind? 

Hi Kim, 

I'm sorry about your situation. I'm not a migration agent or a lawyer, and would suggest you contact one for some advice. 

That being said many questions that apply in medically related employment problems:

Is your job a physical job? Was this a workplace injury? Was this accident in Australia? Was this covered by mandatory insurance that every vehicle has (compulsory third party)?  Is your employer able to accommodate you in any way? Would you be able to negotiate unpaid leave? Do you have income protection insurance through your super? 

These questions will play a large part in your decision making process and certainly resigning is something that should be discussed with an RMA, even if just a 30 minute or 1 hour consultation. 

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Relevant considerations in assessing ‘genuine effort’

,

If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

  1. The visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)
  2. The possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia
  3. In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and
  4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

  • If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
  • The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
  • The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

 

Taken from 187 Visa Processing Time thread.

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On 2018/3/29 at 20:49, Jack654 said:

Hi Kim,

I totally understand your situation. My is not much different. I talked to couple of MA regards this, now. As long as you dont work 24month there is no guarantee to keep PR. If you can survive untill July (to have 12months) you should be fine. 

Or your boss and you are not telling anyone and hope that they don't check with tax office. I will try not using this option, I just invested too much money in getting my 187 and don't wanna risk it.

Have you thought about just working less? I think there is not really a minimum what you have to work. But I could be wrong.

Best J

 

Thank you for your reply, I have talked to my MA as well and they have told me the same thing. I will keep in mind. But due to my condition I can no longer work so I am currently not working and dont have imcome. I have to leave this place to find a new non-Physical job.

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On 2018/3/30 at 12:37, barker said:

Hi Kim, 

I'm sorry about your situation. I'm not a migration agent or a lawyer, and would suggest you contact one for some advice. 

That being said many questions that apply in medically related employment problems:

Is your job a physical job? Was this a workplace injury? Was this accident in Australia? Was this covered by mandatory insurance that every vehicle has (compulsory third party)?  Is your employer able to accommodate you in any way? Would you be able to negotiate unpaid leave? Do you have income protection insurance through your super? 

These questions will play a large part in your decision making process and certainly resigning is something that should be discussed with an RMA, even if just a 30 minute or 1 hour consultation. 

thank you for your time. My work is a physical job. I can no longer work as a massage therapist. I had a car accident and it is not a workplace injury, the accident happened in the city where I was working My employer totally understand my situation and agree to let me go. I am currently on an unpaid leave and don't have income protection. I want to find a new non-physical job to maintain my life, thank you. 

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Hello everyone I need some advice I got my pr on 187 9 months before now my owner is saying I can’t give you full time work he is saying he can give me part time but I want to work full time and In this he is happy to giving me release letter so what should I do please suggest me and what should I take from him in writing and one thing more after release letter I can go anywhere or I have to stay in same regional area thanks 

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