186 - 2 year agreement to stay with nominating employer

[Hmn]

When I say "Yes" to "Agree to take up the position for at least two years." in my 186 Direct Entry application, since when the 2 years are calculated? From the day that I apply or PR is granted? 

I found some websites saying it's the latter. But it doesn't make sense as PR grant date is not under my control, and took almost 1 year for me. Does anyone know where can I find the applicable legislation? It looks like Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 doesn't cover these topics.

[Parley]

1 hour ago, Hmn said:

When I say "Yes" to "Agree to take up the position for at least two years." in my 186 Direct Entry application, since when the 2 years are calculated? From the day that I apply or PR is granted? 

I found some websites saying it's the latter. But it doesn't make sense as PR grant date is not under my control, and took almost 1 year for me. Does anyone know where can I find the applicable legislation? It looks like Migration (LIN 19/049: Specification of Occupations and Assessing Authorities—Subclass 186 Visa) Instrument 2019 doesn't cover these topics.

Obviously work in the job for 2 years. So 2 years from the day you start with the employer

[Hmn]

Thanks, Parley. I could have been a bit clearer. I was already on a 482 with the employer when I submitted my 186. So employment started 3+ years ago by the time 186 application was submitted 

[rammygirl]

It is a condition of the vis grant so 2 years from PR.  The grant letter explains that. The employer has to also commit Zander prove the position is for a minimum of two years as well. Sometimes this doesn’t happen, if the employer goes bust for example. 
There are circumstances where people leave and it has no consequence, but these are often where no other choice is possible.

[Hmn]

Visa grant letter doesn't mention anything about 2-years or any such condition. That's why I am trying to find the relevant legislation. I'm in a permanent position and unlikely for an employer to go bust.

[BendigoBoy]

39 minutes ago, Hmn said:

Visa grant letter doesn't mention anything about 2-years or any such condition. That's why I am trying to find the relevant legislation. I'm in a permanent position and unlikely for an employer to go bust.

Is it worth checking VEVO to see if there are any conditions attached to the visa on there, mate?

Edited to add:  that said, if there aren't any conditions on your grant letter, I'd be surprised if there were some on VEVO.  Although happy to stand corrected if anyone is more in the know on that front.

Edited September 25, 2023 by BendigoBoy

[Msmit]

I'm under the impression there is no legal obligation to stay on once your recieve your 186 pr, otherwise it isn't really a pr visa. Most of the terminology used when researching this is very vague "expected" "2 year grace" I was told by a colleague who left within 2 months of his 186 being granted that you need a valid excuse, pay rise , moving city,  getting sacked , his was going home to get married for 3 months(he lied) hes now a delivery driver and never went home .  Your employer would have to be very bitter and go out of there way at financial cost to themselves to get it revoked .  I believe it does raise complications when you apply for citizenship as you will be asked why you didn't stay with the employer for 2 years . My employer has been helping people with there 186 for years all of them have gone within the first year alot within days of approval. Some apparently didn't turn up from the day they received the email.

[Marisawright]

9 minutes ago, Msmit said:

 My employer has been helping people with there 186 for years all of them have gone within the first year alot within days of approval. Some apparently didn't turn up from the day they received the email.

I'm surprised that employer is still sponsoring people for the 186 in that case. He is investing a lot of money and time in helping those employees stay in Australia but they all just slap him in the face. Ungrateful bunch.

[Jon the Hat]

31 minutes ago, Marisawright said:

I'm surprised that employer is still sponsoring people for the 186 in that case. He is investing a lot of money and time in helping those employees stay in Australia but they all just slap him in the face. Ungrateful bunch.

No doubt the same people complain about how hard it is to find sponsorship, then go ahead and make that even harder for future migrants.

[Msmit]

7 hours ago, Marisawright said:

I'm surprised that employer is still sponsoring people for the 186 in that case. He is investing a lot of money and time in helping those employees stay in Australia but they all just slap him in the face. Ungrateful bunch.

Generally they all still wind up working for him for 3 years before the application is made , and he also doesn't pay very well because of all this, he knows he's being used  so he doesn't pay great wages. Side to each coin 

[Tulip1]

2 hours ago, Msmit said:

Side to each coin 

Not really.  One persons poor values doesn’t mean it’s ok to display the same values.  It might be a convenient excuse to do the dirty on another but it’s very poor to see an employer going through the extensive process of getting people a visa only for the employee to crap on them.  If those people didn’t like their working conditions in the three year build up they could have walked away.