The biggest 187 Issue I ever had

[KimL]

Hi, guys, My name is Kim L. I have an issue with my 187 VISA recently and I literally have no idea to deal with this. I hope any of you professionals can help me with this. 

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. 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 canceled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get canceled if I resign.

 

Please, I need advise......

[Amy86]

39 minutes ago, KimL said:

Hi, guys, My name is Kim L. I have an issue with my 187 VISA recently and I literally have no idea to deal with this. I hope any of you professionals can help me with this. 

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. 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 canceled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get canceled if I resign.

 

Please, I need advise......

What's your occupation??

[KimL]

hi Amy, I am a massage therapist. its all physical work

[KimL]

1 hour ago, Amy86 said:

What's your occupation??

hi Amy, I am a massage therapist. its all physical work 

[CarmenChung]

Maybe talk to your MA. I am a massage therapist too. Nice to meet you! 

[AdamB]

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.

[bobo.plipaks]

Im also the same. My PR was granted last March 2017 and Ive been off work for 5 months now because of my injury and scheduled to have an operation next week. Im contemplating just to resign but Im being cautious with Immigration

[KimL]

On 27/03/2018 at 13:04, bobo.plipaks said:

Im also the same. My PR was granted last March 2017 and Ive been off work for 5 months now because of my injury and scheduled to have an operation next week. Im contemplating just to resign but Im being cautious with Immigration

I have got the doctor certificate. I am thinking to resign first. 

[KimL]

On 27/03/2018 at 11:31, AdamB said:

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.

Thank you for your reply, I now have doctor certificate saying that I no longer able to work as a massage therapist and going to resign from my work, what do you think

[bobo.plipaks]

Thank you for your reply, I now have doctor certificate saying that I no longer able to work as a massage therapist and going to resign from my work, what do you think

I have a friend and his friend just been granted 187 visa last year. And one week after grant he left due to medical reasons I dont know the reasons but the employer contacted immigration and cancelled his visa.
I was going to resign as well but now Im scared. Im just going to wait for my operation first and see how this goes. Good luck