186 visa, resignation before 2 years expired

[Nora93]

Hello,

I’ve received 186 visa on 4th March 2021. Today I’ve sent and official letter of resignation to my employer, I have 8 month old baby and I won’t be able to go back to work (any work) for at least another year because I’m main carer of my baby and my husband will support all of us financially.

I’m leaving my employer before finishing the 2 years agreement since my visa were granted.

My employer’s response was: Because of the ongoing two year obligation in accordance with immigration not yet expiring. 
At this stage I can’t accept your resignation

Could anyone please help me what should I do?

I’ve been with this employer more than 8 years, our families know each other, his whole family was at my wedding and I know his kids since they were little. I have worked until 8th month of my pregnancy and I did all my best to remain working for him. But it’s a position of restaurant manager I cannot combine this job with being full time mother.

I believe I have right to terminate the 2 year agreement under those circumstances.

I appreciate every answer!

Edited May 28, 2022 by Nora93

[Phil1712]

Your visa should be revoked as you have not fulfilled your obligations. 

[Tulip1]

I don’t know if there is anyway to get round this but I doubt it.  You have obligations to meet with the visa.   Millions of parents return to work and use childcare so when you say you won’t be able to return I think you mean you don’t want to.  You are certainly right that you can’t combine the job with being a full time mother but you can combine the job with being a mother, just like so many others do.  That may not be your ideal but probably better than having your visa cancelled. It would be a good idea to run it past a migrant agent who will know exactly what is and isn’t possible.  

Edited May 28, 2022 by Tulip1

[Marisawright]

7 hours ago, Nora93 said:

 it’s a position of restaurant manager I cannot combine this job with being full time mother.

 

In that case, why did you get pregnant?  You made a promise to your employer.  On the basis of that promise, they spent a lot of money and effort to get you a permanent visa. 

Do you think they would have made that effort if you'd said to them, "I'm only going to work for you for a year"?  No, of course they wouldn't. They must feel like you've slapped them in the face.  And you are a friend of the family as well, someone they thought they could trust to keep their word.

I suggest going to them and offering to repay the money they spent on your visa. It's the least you can do.  And apologise to them for breaking your promise. Maybe then they will relent and let you leave without telling Immigration.  You do not want to upset them, because if you do, they will report you to Immigration and you will lose your visa.   

Edited May 28, 2022 by Marisawright

[Ausvisitor]

8 hours ago, Nora93 said:

 

I believe I have right to terminate the 2 year agreement under those circumstances.

 

You absolutely have the right to terminate your agreement, you are not a slave. However your employer and immigration also have the right to terminate their reciprocal agreements under the sponsorship visa too, being a grown up is hard and often requires compromise 

I agree with almost everything Marissa wrote. If you are fixed on leaving your employer/mate in the lurch you should offer to recompense then (I'm absolutely sure given the cost of sponsorship that they only incurred that cost because you are their friend not because restaurant managers are hard to find). I did disagree with the "why did you get pregnant" question, everyone has the right to choose when/if they have kids, but what they don't have is the right to expect everyone else to suspend their rights and needs to accommodate your wants

Remember that if your visa gets revoked it is also likely that your partner's will as well, then you won't have their income coming in either.

Some serious soul searching required. Also some serious humble pie required as I'm sure your employer/now ex-friend is thinking even if you do stay I can no longer rely on you.

Edited May 29, 2022 by Ausvisitor

[Marisawright]

59 minutes ago, Ausvisitor said:

. I did disagree with the "why did you get pregnant" question, everyone has the right to choose when/if they have kids, but what they don't have is the right to expect everyone else to suspend their rights and needs to accommodate your wants

And I agree with you. That's exactly what I meant.  

[Nora93]

Thank you for all your answers. I understand everything you all have written. 
I’ve just found at most migration pages this:

 

The most important thing is that the contract is between the two parties, and the sponsored employee has the right to terminate that agreement under the usual Fair Work Australia standards at any time.

In addition, the employer has no right to make demands that you remain working for them for the two-year period under the contract. It can only be a request.

Further, the employer has no requirement to keep you employed for that two years, as all employment contracts fall under the oversight of Fair Work Australia.

 

I’ll reach out to Fair Work as well as migration agent to get the correct answer. Because I know more than 10 cases when the employee has left for another job and nothing has happened to them.

[Nora93]

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. But I would say that this generally will not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

I didn’t want to betray my employer, it is just life, sometimes I wish I was guy, wouldn’t have to deal with this situation.

Also my employer is changing location so it is changing venue from restaurant to take away shop.

[Marisawright]

@Nora93, if you're so sure of your rights, why are you asking on a forum?

Leaving aside your legal rights, I hope you are thoroughly ashamed of yourself for treating a friend of the family, who trusted you to do the right thing, so shabbily. 

You speak as though you didn't have a choice to get pregnant. Well, you did have a choice, and you know it.  Now you are trying to say, "oh, I am a woman, I can't help my hormones". That's pathetic.

Edited May 29, 2022 by Marisawright

[Nora93]

24 minutes ago, Marisawright said:

@Nora93, if you're so sure of your rights, why are you asking on a forum?

Leaving aside your legal rights, I hope you are thoroughly ashamed of yourself for treating a friend of the family, who trusted you to do the right thing, so shabbily. 

You speak as though you didn't have a choice to get pregnant. Well, you did have a choice, and you know it.  Now you are trying to say, "oh, I am a woman, I can't help my hormones". That's pathetic.

I don’t understand why are you so aggressive, you have no idea what I have agreed on with my employer. I’m not here to explain myself. I’ve just asked a question. 

Stop being so offensive and maybe spend more time with your family and not attacking other on the internet.

Hope you will have nice day. 
I’ll never reach out to this forum and I wish you won’t comment this anymore. 
I’m done! My family is my everything and you can go and comment someone else’s post. Bye, enjoy your miserable life.

[Phil1712]

9 minutes ago, Nora93 said:

I don’t understand why are you so aggressive, you have no idea what I have agreed on with my employer. I’m not here to explain myself. I’ve just asked a question. 

Stop being so offensive and maybe spend more time with your family and not attacking other on the internet.

Hope you will have nice day. 
I’ll never reach out to this forum and I wish you won’t comment this anymore. 
I’m done! My family is my everything and you can go and comment someone else’s post. Bye, enjoy your miserable life.

You have not met the obligations of your visa so therefore it should be withdrawn. 

Don't like the answers you receive on here then don't post questions that will irritate people that have spent thousands to achieve there dreams and have bent over backwards to fulfill the requirements of their visas. THE CORRECT AND MORAL WAY

Edited May 29, 2022 by Phil1712

[Raul Senise]

As part of the Visa application, the applicant declares that they “agree to take up the position for at least two years”

However, there are no work conditions on a subclass 186 visa. It is a Permeant Residency Visa.

The Department can cancel a visa if they believe that the applicant has provided false or misleading information as part of the visa application.

It is rare for the Department to cancel a 186 visa.

It is natural for the employer to be disgruntled as at a minimum they would have had to pay a training levy of between $3,000 to $5,000 for a 186 applicant to obtain their visa, as well as providing extensive business documentation to facilitate the visa process.

[calNgary]

14 hours ago, Marisawright said:

@Nora93, if you're so sure of your rights, why are you asking on a forum?

Leaving aside your legal rights, I hope you are thoroughly ashamed of yourself for treating a friend of the family, who trusted you to do the right thing, so shabbily. 

You speak as though you didn't have a choice to get pregnant. Well, you did have a choice, and you know it.  Now you are trying to say, "oh, I am a woman, I can't help my hormones". That's pathetic.

Disgusting ! You do not know how what or why this member got pregnant or her circumstances, how dare you judge a new member in such a way. I really, truly hope this new member doesnt leave because of your comments like others have.

          Cal x

[ali]

On 29/05/2022 at 09:05, Marisawright said:

And I agree with you. That's exactly what I meant.  

Didn't quite come across that way - it sounded a bit harsh and judgmental.

[Escape from drizzle]

You could always ask to extend your parental leave, you can ask for a 2nd year.

If you were hoping to stay home for another year,  this might be a solution that will work for you and your employer.

Daycare is a lot easier to find after a child is over 2 as well. Daycare is really good for kids  and their development and they really enjoy it,, when you decide they are ready to go to daycare, and they are settled you can go back work.