Guest Posted January 25 Share Posted January 25 Hi there, Looking to understand what the impact may be, if any, if I leave my employer within 12 months, when myself and my family are on the above visa. Financial info is known, asking purely for visa impacts. Thank you, Ashley Quote Link to comment Share on other sites More sharing options...
Daffyduck Posted February 7 Share Posted February 7 We were looking at that. Seems that there is a requirement in the visa to remain with the employer in a full time role for 2 years. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 7 Share Posted February 7 Hi, Thanks for replying. Where did you read this? Cheers, Ashley Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 7 Share Posted February 7 (edited) 14 minutes ago, Constance said: Thanks for replying. Where did you read this? It was on the undertaking you signed when you applied for the visa. It's understandable, because it costs the employer a great deal of money and time to recruit you, so they want to be sure they get a return on their investment. In reality, you may be able to leave your employer early without any problems. It depends on the employer. If they don't make a fuss and complain to Immigration, nothing will happen and you'll be fine. Edited February 7 by Marisawright 1 Quote Link to comment Share on other sites More sharing options...
Daffyduck Posted February 7 Share Posted February 7 20 minutes ago, Constance said: Hi, Thanks for replying. Where did you read this? Cheers, Ashley The working full time for 2 years bit was one of the conditions in the visa. Like Maria says though, if your employer is okay about it then I wouldn't worry too much. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 1 hour ago, Daffyduck said: The working full time for 2 years bit was one of the conditions in the visa. Like Maria says though, if your employer is okay about it then I wouldn't worry too much. More questions - where are you reading the conditions of the visa? I have checked through the vevo and visa grant confirmation and it is not detailed there. There is a condition of being in the skilled occupation on immigration website, which is fine and the occupation remains, but the employer changes. Investment from Employer is a different story and one which is separate based on your individual contract terms (and is actually clearer because its stated in black and white). I think i will email an agent about this i don't see it as being defined or even mentioned in the visa conditions. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 Found it here under the immi website. Need to seek advice. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 Adding to this again... As a lesson learned to others looking at this and skilled stream. I was almost through the independent skilled route and flipped to the ENS last minute due to unknowns in processing times. This was a mistake for me, I should have carried on as the independent as I would have got the job anyway, it would not have cost more and without the strings. Just a note of my personal experience should anyone find themselves in the same position looking at these options. Sponsorship can seem like the ultimate win but it's not all it's cracked up to be and I wish I'd stayed on my own track. Quote Link to comment Share on other sites More sharing options...
Daffyduck Posted February 8 Share Posted February 8 1 hour ago, Constance said: Adding to this again... As a lesson learned to others looking at this and skilled stream. I was almost through the independent skilled route and flipped to the ENS last minute due to unknowns in processing times. This was a mistake for me, I should have carried on as the independent as I would have got the job anyway, it would not have cost more and without the strings. Just a note of my personal experience should anyone find themselves in the same position looking at these options. Sponsorship can seem like the ultimate win but it's not all it's cracked up to be and I wish I'd stayed on my own track. I think that very much depends on your personal circumstances. We did well out of the sponsored scheme as the entire move was paid for (including visas). We essentially got to move to Australia for very much reduced personal financial cost. I'd probably also say that it's on the individual to fully understand the terms and conditions of the visa before any ink hits paper. 1 Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 Absolutely, I'm careful to say 'for me' in these as it's individual circumstance. Quote Link to comment Share on other sites More sharing options...
Daffyduck Posted February 8 Share Posted February 8 Found this if it helps. https://www.keystonevisa.com.au/ens-186-visa-am-i-able-to-leave-my-employer-after-i-obtain-my-permanent-residence/ Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 6 hours ago, Constance said: Investment from Employer is a different story and one which is separate based on your individual contract terms (and is actually clearer because its stated in black and white). I'm curious what this means? Legally, the employer is very limited in what they're allowed to ask the employee to pay for. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 2 hours ago, Daffyduck said: Found this if it helps. https://www.keystonevisa.com.au/ens-186-visa-am-i-able-to-leave-my-employer-after-i-obtain-my-permanent-residence/ Good article, and describes the situation accurately as I understand it. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 27 minutes ago, Marisawright said: I'm curious what this means? Legally, the employer is very limited in what they're allowed to ask the employee to pay for. They can state in your contract any financial parts you need to repay for visa and/or relocation costs, which as you rightly say is significant. This is fair and clearer as it's in the employment contract as you would expect. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 13 hours ago, Constance said: They can state in your contract any financial parts you need to repay for visa and/or relocation costs, which as you rightly say is significant. This is fair and clearer as it's in the employment contract as you would expect. There are visa fees which the employer must pay and visa fees which the applicant pays. By law, the employer is not allowed to ask the employee to pay any of their visa fees. I agree that it's usual to repay relocation costs if you leave early. These days, relocation costs aren't usually generous so it sounds like you were lucky there. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 Depends on your version of significant and the circumstances, number of people etc. Aware there is portions the company must pay. This was around 25% for us, we remain liable for the 75%. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 (edited) multiple posts - glitch in system Edited February 8 by Marisawright Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 (edited) Triplicate post - glitch in system? Edited February 8 by Marisawright Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 (edited) Application costs Hide Becoming an approved sponsor under the TSS 482 visa program: AUD420 Nominating a visa applicant for the TSS 482 visa: AUD330 Nominating a visa applicant for the ENS 186 visa: AUD540 (subject to stream and location) Paying the Skilling Australians Fund levy: the amount depends on the business turnover, and in some subclasses, the proposed period of stay of the employee. The levy payments are tax deductible. You must pay for all costs associated with becoming a sponsor and nominating and sponsoring an applicant. You can't transfer these costs to the visa holder or their family members. Edited February 8 by Marisawright Quote Link to comment Share on other sites More sharing options...
Guest Posted February 8 Share Posted February 8 I have said everything is based on my circumstances, my views of what is significant for myself, my family right now. What used to be the case is not relevant, I have stated specifically this is my opinion and my view and my lesson incase that is helpful to others. Ours is around 25% as I said - yes it's specific elements and they equate to around 25% of the total costs. This is a grey area from which there is gaps between info from immigration and employer contracts. The blog posted earlier was the most helpful of responses, thanks Daffy. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8 Share Posted February 8 Just now, Constance said: I have said everything is based on my circumstances, my views of what is significant for myself, my family right now. ...however, PIO posts do appear on Google search and others may read this one later. You very helpfully posted some info about what you would've done, had you fully understood the 186. I'm just clarifying some other points for completeness. Quote Link to comment Share on other sites More sharing options...
Daffyduck Posted February 8 Share Posted February 8 6 minutes ago, Constance said: I have said everything is based on my circumstances, my views of what is significant for myself, my family right now. What used to be the case is not relevant, I have stated specifically this is my opinion and my view and my lesson incase that is helpful to others. Ours is around 25% as I said - yes it's specific elements and they equate to around 25% of the total costs. This is a grey area from which there is gaps between info from immigration and employer contracts. The blog posted earlier was the most helpful of responses, thanks Daffy. No worries, hope you get things sorted out. Quote Link to comment Share on other sites More sharing options...
Cheery Thistle Posted February 8 Share Posted February 8 I have heard others say the same, that they took the sponsored route but with hindsight would probably have been better holding out for the 189/190, so you’re definitely not alone in that. Isn’t hindsight wonderful though, and you don’t know what you don’t know as they say! Hope it all works out for you. 1 Quote Link to comment Share on other sites More sharing options...
InnerVoice Posted February 8 Share Posted February 8 22 hours ago, Constance said: Adding to this again... As a lesson learned to others looking at this and skilled stream. I was almost through the independent skilled route and flipped to the ENS last minute due to unknowns in processing times. This was a mistake for me, I should have carried on as the independent as I would have got the job anyway, it would not have cost more and without the strings. Just a note of my personal experience should anyone find themselves in the same position looking at these options. Sponsorship can seem like the ultimate win but it's not all it's cracked up to be and I wish I'd stayed on my own track. It would be helpful if you could add mention what your job is? There are only a few professions (teacher, nursing, doctors, spring to mind) where you'd be better off going down the skilled route (189/190) as opposed to a ENS/186, which pretty much guarantees the applicant and their family PR in Australia. Quote Link to comment Share on other sites More sharing options...
InnerVoice Posted February 9 Share Posted February 9 2 hours ago, Marisawright said: There are visa fees which the employer must pay and visa fees which the applicant pays. By law, the employer is not allowed to ask the employee to pay any of their visa fees. I agree that it's usual to repay relocation costs if you leave early. These days, relocation costs aren't usually generous so it sounds like you were lucky there. Bit of an assumption there. My friend (a fellow teacher) was offered a position in a state school in Brisbane, and moved down from Cairns over the holidays. The Department of Education paid for all her removal costs, and all costs incurred selling her property in Cairns and buying in Brisbane - including the stamp duty on the purchase. We're talking tens of thousands of dollars here. The deal is she needs to stay in her new job for 3 years to get the full benefit. If she leaves after the first year she'll have to pay the department back two thirds of the costs, and if she leaves after two years them one third of the costs. Quote Link to comment Share on other sites More sharing options...
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