Can you leave employer on a 186 within a year of receipt

[RMF]

Does anyone know whether a recipient of a 186 employer sponsored visa can leave the sponsering employer and work overseas and return to Australia within the 5 years  or will the visa be cancelled? 

Thanks

 

[VERYSTORMY]

The employer could claim that the visa was obtained by fraud and on that basis the department can cancel. 

[Wonderingaloud]

I thought the 186 had no obligations? Yes most people would work for their sponsor but technically they could pack up and claim benefits if they wanted to. The working for the employer part isn’t built into the visa conditions, is it? Why would it be classed as fraud? Genuinely interested to know. 

[ali]

28 minutes ago, Wonderingaloud said:

I thought the 186 had no obligations? Yes most people would work for their sponsor but technically they could pack up and claim benefits if they wanted to. The working for the employer part isn’t built into the visa conditions, is it? Why would it be classed as fraud? Genuinely interested to know. 

Some employers may write it into the contract of employment that on being sponsored the employee will remain with them for 2 years or pay back a % of any costs.

[Raul Senise]

58 minutes ago, Wonderingaloud said:

I thought the 186 had no obligations? Yes most people would work for their sponsor but technically they could pack up and claim benefits if they wanted to. The working for the employer part isn’t built into the visa conditions, is it? Why would it be classed as fraud? Genuinely interested to know. 

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.

[Wonderingaloud]

Thanks, I didn’t realise that. I only thought it was more of a contract type agreement between the employer and employee. 

I presume it’s the same for the 187? Only asking as there’s some discussion going on in another thread where people think they can leave the regional area within 2 years and that they can claim part of the 2 years if they worked for the same employer before the 187 grant. Doesn’t seem right to me..

[Raul Senise]

On 10/05/2019 at 16:18, Wonderingaloud said:

Thanks, I didn’t realise that. I only thought it was more of a contract type agreement between the employer and employee. 

I presume it’s the same for the 187? Only asking as there’s some discussion going on in another thread where people think they can leave the regional area within 2 years and that they can claim part of the 2 years if they worked for the same employer before the 187 grant. Doesn’t seem right to me..

The 2 year requirement for the 187 is much stricter with more clearly defined cancellation powers for non compliance.

[Damien Minter]

How about if after I received the PR, I took a role with the same company in a different country? - Ie I am waiting for my PR to come but my company wants me in another location?

[Wonderingaloud]

Straight away you will have breached the terms of your visa. The very first post on this thread asks the same question, and Nemesis replied that it could be argued the visa was obtained by fraud.