Will my 186 visa get cancelled if...

[Skizziks]

Hi guys,

My employer sponsored me as a 457 visa full time chef since May 2015 until I got 186 visa PR in April 2018. In February 2019 after I came back from oversee for holiday, I had a bad medical issue relate to my eye. I had redness, dry eye and irritate when I stay in a hot weather such as kitchen. I went to hospital to checked and found out that I had high pressure in the eye and allergy to something that the doctors do not even know what cause. I still suffering every time I stay in front of the flame ( a wok, grill and stove). I can not work properly like before relate to my health condition (eye problem). I have a few questions to ask you guys or someone professional about the contract between me and my restaurant.

My contract is 2 years full time 38 hours and I started from day one my visa granted (less than a year left) 

Can I reduce working hour from full time 38 hour to 20 hour without breaking the contract? I do not want to lose my 186 PR visa. I still want to work a full time but my condition is not so well. The heat is one of the cause I will get redness, dry eye and irritate. The second is the water I am wearing a swimming goggles every times I take a shower. I do not know how long I am going to get well.

I am still going to hospital to check my eye health.

I am so worry about if I can not work as a full time 38 hours for the rest of my contract (less than a year left), will this effect to my visa and lead to visa cancellation?

What my knowledge is I only know that I will have to complete 2 years contract and must start within 6 months. I can not leave employer before 2 years of contract.

Please help me find the solution.

Sorry for my English.

[Wonderingaloud]

I was sponsored on a 186 afew years ago. Unlike the 187 which is where you have to work in the regional area and with a regional sponsored employer, the 186 doesn’t have any enforceable obligations. The 2 year requirement is not written into the visa, rather it’s the company themselves who want to get 2 years work out of you which is fair enough since they went to the trouble of sponsoring you. 

My employer paid a relocation fee and it was written into my contract that if I left within so many years of the sponsorship I would have to pay a % back. 

Just check your contract, if you have one, perhaps your employer had written something about 2 years more as a moral obligation but I see no reason why you cannot reduce your hours or even seek alternative employment. Your visa is not going to be cancelled, I honestly don’t think it’s got anything to do with immigration. Besides, if anyone did question it, you have pretty good grounds with your eye issues. Have a chat to your employer and hopefully you’ll be able to reach an agreement.

Hope you are feeling better soon.

[Skizziks]

3 hours ago, Wonderingaloud said:

I was sponsored on a 186 afew years ago. Unlike the 187 which is where you have to work in the regional area and with a regional sponsored employer, the 186 doesn’t have any enforceable obligations. The 2 year requirement is not written into the visa, rather it’s the company themselves who want to get 2 years work out of you which is fair enough since they went to the trouble of sponsoring you. 

My employer paid a relocation fee and it was written into my contract that if I left within so many years of the sponsorship I would have to pay a % back. 

Just check your contract, if you have one, perhaps your employer had written something about 2 years more as a moral obligation but I see no reason why you cannot reduce your hours or even seek alternative employment. Your visa is not going to be cancelled, I honestly don’t think it’s got anything to do with immigration. Besides, if anyone did question it, you have pretty good grounds with your eye issues. Have a chat to your employer and hopefully you’ll be able to reach an agreement.

Hope you are feeling better soon.

Thanks for reply and understand what I wrote. It is not about to leave the employer, but I just want to make sure it is possible to reduce the hour. I am working 5 days a week and I which to work only 3 days a week. Someone may wondering "Why do not I temporary leave then come back when get well?" I wish I could get better or get normal as I used to be. But as my conditions, I really do not want to get "Blind or Glaucoma" because of where I work. I have been working in the busy kitchen for a long time and do not know what other jobs I can do.

Thank you.

[Wonderingaloud]

Like I said in the reasons above, I don’t think you have a problem to reduce your hours. You will need to negotiate with your employer, that’s all. 

 

[MaggieMay24]

Your 186 has no work restrictions on it.  You can work in any occupation, for any employer, at any legal rate of pay and working however many hours you agree with your employer.  You can choose not to work at all.  From an immigration standpoint, you have no limitations.

[Jibba]

On 10/05/2019 at 09:03, MaggieMay24 said:

Your 186 has no work restrictions on it.  You can work in any occupation, for any employer, at any legal rate of pay and working however many hours you agree with your employer.  You can choose not to work at all.  From an immigration standpoint, you have no limitations.

Hi Maggie, do you have any links from the immi website which state this to be the case? I can't seem to find anything which says this.

I'm currently on a 457 and hoping to get sponsored on a business visa, also in the hope that I can do so part time at 30 hours per week.

Thanks in advance.

[Wonderingaloud]

1 hour ago, Jibba said:

Hi Maggie, do you have any links from the immi website which state this to be the case? I can't seem to find anything which says this.

I'm currently on a 457 and hoping to get sponsored on a business visa, also in the hope that I can do so part time at 30 hours per week.

Thanks in advance.

Whilst on the 457 you must work full time, up until the 186 is granted. I presume this remains the same if you go onto a bridging visa if your 457 expires before the 186 is approved, as the bridging visa usually has the same conditions/limitations as the previous visa. 

If you reduce your hours whilst on the 457 you are in breach of your conditions which will not bode well for your 186 application.

This was posted by Raul Senise afew months ago in relation to a query about work obligations and the 186. Raul is a reputable migration agent who regularly posts on this forum.

“Although many applicants  glance over the details, as part of the 186 visa application, applicants agree to the following declaration:

"Warning:
Giving false or misleading information is a serious offence.
The applicant declares that they:
Agree to take up the position for at least two years.
Understand that if the applicant, any family members included in the application or third parties acting
on behalf of the applicant, 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 the applicant subject to three year bar in relation to visas to which the fraud criterion applies. Any
visa granted may be cancelled."
 

It can be argued that not remaining in the position for 2 years is a breach of the above. It is rare, but it does happen.”

 

 

Edited September 13, 2019 by Wonderingaloud
Extra info

[Jibba]

On 13/09/2019 at 13:13, Wonderingaloud said:

Whilst on the 457 you must work full time, up until the 186 is granted. I presume this remains the same if you go onto a bridging visa if your 457 expires before the 186 is approved, as the bridging visa usually has the same conditions/limitations as the previous visa. 

If you reduce your hours whilst on the 457 you are in breach of your conditions which will not bode well for your 186 application.

This was posted by Raul Senise afew months ago in relation to a query about work obligations and the 186. Raul is a reputable migration agent who regularly posts on this forum.

“Although many applicants  glance over the details, as part of the 186 visa application, applicants agree to the following declaration:

"Warning:
Giving false or misleading information is a serious offence.
The applicant declares that they:
Agree to take up the position for at least two years.
Understand that if the applicant, any family members included in the application or third parties acting
on behalf of the applicant, 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 the applicant subject to three year bar in relation to visas to which the fraud criterion applies. Any
visa granted may be cancelled."
 

It can be argued that not remaining in the position for 2 years is a breach of the above. It is rare, but it does happen.”

 

 

Thanks for the info.

However, I’m not trying to reduce my hours whilst I’m on the 457 or bridging visa. I want them reduced to 4 days per week only once I’m granted the business sponsorship.

I’m essentially hoping to ask for a different contract with the business, which I think will be granted by my employer...but only if the visa allows it?!

[Wonderingaloud]

I think reducing hours once you’ve been granted the 186 is ok, you just have to remain with them for 2 years. At least that’s my understanding.

[MaggieMay24]

9 hours ago, Jibba said:

Thanks for the info.

However, I’m not trying to reduce my hours whilst I’m on the 457 or bridging visa. I want them reduced to 4 days per week only once I’m granted the business sponsorship.

I’m essentially hoping to ask for a different contract with the business, which I think will be granted by my employer...but only if the visa allows it?!

When you apply for the 186 visa, you declare your intention to work in the nominated (full time) occupation with your employer for 2 years following the grant of the visa.  If you're already intending not to work full time, then you aren't living up to what you've declared in your application.  Probably not something I would post on a public forum.

[Jibba]

13 hours ago, MaggieMay24 said:

When you apply for the 186 visa, you declare your intention to work in the nominated (full time) occupation with your employer for 2 years following the grant of the visa.  If you're already intending not to work full time, then you aren't living up to what you've declared in your application.  Probably not something I would post on a public forum.

I’m not trying to be sly or scam the system in any way!

I just want to know if the 186 visa allows someone to work part time at 4 days per week or not?!

You’re saying you declare your intention to work (full time) in the nominated occupation but where does it say you have to work full time from the immigration site?

Thanks.

[Marisawright]

1 hour ago, Jibba said:

I just want to know if the 186 visa allows someone to work part time at 4 days per week or not?!

You’re saying you declare your intention to work (full time) in the nominated occupation but where does it say you have to work full time from the immigration site?

If you declare you are intending to work full-time on your application and then you do not work full-time, then you are lying and you have obtained your visa fraudulently, which is illegal.  

It sounds as though you did intend to work full-time when you applied, but now things have changed and it is not your fault. I think that should be fine, HOWEVER  you must be able to prove that it is not your fault. 

That means you need to see the eye specialist again.  Let the specialist know that your work is making the condition worse, and ask them for their advice.  If he says you are unable to work full-time, then get him to write a medical certificate stating that. Take that to your employer and ask them to give you their approval in writing. 

[Skizziks]

I'm still waiting for the next available appointment in Glaucoma Clinic. My eye produce tears slower than usually and tears evaporate quickly that is the reason why it makes my eye really dry. I have talked to my employer, ask him to work from 5 days to 3 days a week. He allowed me to work 3 days a week as he saw my condition. I can only sustain myself try not to stay in front of the heat for too long, eat more healthy and drink plenty of water. I hope my eye pressure is stable and not going above danger level. I was worry too much about losing the visa. I don't want to make any trouble. I just need to rest.

Sorry for my English. Thanks everyone for yours information and understanding my English.

Edited September 26, 2019 by Skizziks
Wrong spelling

[Jibba]

Sorry I seemed to have confused everyone by essentially hijacking this thread! I’m not the original poster with the eye issues.

I’m in a similar boat in that I want to apply for the same business visa with reduced hours. I’ve not yet signed any contract for this visa and we’re in the first stages of application.

[Marisawright]

6 hours ago, Jibba said:

Sorry I seemed to have confused everyone by essentially hijacking this thread! I’m not the original poster with the eye issues.

I’m in a similar boat in that I want to apply for the same business visa with reduced hours. I’ve not yet signed any contract for this visa and we’re in the first stages of application.

In that case the answer is no

[Raul Senise]

On 13/09/2019 at 11:23, Jibba said:

Hi Maggie, do you have any links from the immi website which state this to be the case? I can't seem to find anything which says this.

I'm currently on a 457 and hoping to get sponsored on a business visa, also in the hope that I can do so part time at 30 hours per week.

Thanks in advance.

The Immi website is just a guide and does not go into detail of the specific Regulations and Policy for each visa subclass.

In this case, the Regulations for the nomination specifically state that the position being offered needs to be full time. Policy further expands on what the definition of full time is and what permutations of working hours are acceptable to meet the full time requirement.