Tikus Posted January 18, 2019 Share Posted January 18, 2019 Hi, My partner and i have been in Australia for 8 years, with my partner working at the same place since the beginning and we have finally went for our Citizenship test and passed. We/he are on a 187 visa and I know he is obligated to stay with his employer for 2 years. His 2 years doesn't end until May and we want to leave in in Feb as we have bought a house in another state. We thought that we would have had our ceremony at this coming Australia which is normally standard for where we live (Very remote) however no one has heard back and it seems we won't be having the Ceremony in Jan as expected. Basically what i'm asking is can we leave before the 2 years on the basis that we have passed the test, even though we haven't taken the oath? It's 3 months out of the 2 years. Cheers Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted January 19, 2019 Share Posted January 19, 2019 I’m not 100% sure but you are not a citizen until the ceremony and you are given your certificates. Just passing the test is not enough. As for the 2 years with the employer, isn’t that a moral agreement as a pose to a formal one? In which case having citizenship won’t matter, you are still leaving before the 2 years is up. You hold a PR visa so the company can’t cancel that because you haven’t stayed for the 2 years. That’s not a rule built into the visa from immigration. I was sponsored by my employer and it was understood I’d stay for 2 years and if I left before that time I had to pay a % of the relocation costs back that was on a sliding scale (the closer to 2 years the less I repaid). This was built into my employment contract. Are you sure that’s not the same for you? Quote Link to comment Share on other sites More sharing options...
Tikus Posted January 19, 2019 Author Share Posted January 19, 2019 Thank you so much for replying. His boss is totally fine about him leaving, I just don’t know if immigration will try and cancel the visa. I’ve been told that unless his boss contact immigration they won’t know, and like I said they are happy for him to leave and start his life, they are good friends. Just thought as we won’t be having the ceremony in this small town now and we’ll have to change our address so they can notify us, they will know he doesn’t work there anymore. Am I making sense? Cheers Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 19, 2019 Share Posted January 19, 2019 12 minutes ago, Tikus said: Thank you so much for replying. His boss is totally fine about him leaving, I just don’t know if immigration will try and cancel the visa. I’ve been told that unless his boss contact immigration they won’t know, and like I said they are happy for him to leave and start his life, they are good friends. Just thought as we won’t be having the ceremony in this small town now and we’ll have to change our address so they can notify us, they will know he doesn’t work there anymore. Am I making sense? Cheers Yes you are and frankly, I wouldn't take the risk with such an important aspect of your lives. If you really can't delay, pay the money to a registered migration agent for a professional opinion. Quote Link to comment Share on other sites More sharing options...
Tikus Posted January 19, 2019 Author Share Posted January 19, 2019 Thanks for advice Quote Link to comment Share on other sites More sharing options...
Wonderingaloud Posted January 19, 2019 Share Posted January 19, 2019 Definitely check with an agent. Im not saying not to honour your arrangement but I would be interested to know if the 2 years is built into the visa- I didn’t think it was and therefore immigration couldn’t cancel the visa anyway? Quote Link to comment Share on other sites More sharing options...
Tikus Posted January 20, 2019 Author Share Posted January 20, 2019 Thanks again. Keep you posted, although it would be great if they last minute called a ceremony for everyone. Quote Link to comment Share on other sites More sharing options...
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