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Guest Darcy

ENS stress!

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Guest Darcy

Hi there

 

Does anyone know if your company can legally tie you in to a year or two after they've sponsored your residency? I've paid my own fees, but still my company made me sign a contract to stay for a year. I'm starting to get itchy feet - does anyone know if it's legally binding? Or if leaving may threaten the security of my ENS??

 

Thanks so much

 

D

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I would like any info on this subject as well please as we are not happy with our sponsor! Bumping you to the top again to see if anyone can help?


LojaChica x :smile:Arrived May 2008.................

PR Granted Apr11 Citizenship Granted Jan13......Moved to Andalucía Jul13

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Guest JoanneHattersley

My company sponsored me through PR! As soon as you have PR you can do what you like. However your company may just have been "getting their moneys worth", securing their investment so to speak.

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Guest mjg

It is my understanding that the ENS obligation is more a moral obligation and your employer cannot contravene the department of immigration issue of a permanent visa. Just dont expect your employer to give you a reference... We are going on an ENS visa and our relocation package is based over 3 years which is a disincentive to moving. Bur for me, I would not be happy leaving a job within a year or 2 (although the obligation is for 4 years, as far as I know), but that has more to do with my industry. Unless I am deeply unhappy with where I will work, which I cannot anticipate, it is just another place to work after all, I would probably just leave Australia and try it out somewhere else.

 

The 1 year contract is probably not unreasonable under any circumstances, advertising, filling a position is time consuming and expensive for any employer and it is probably for that reason rather than your PR that they want to tie you in. If you do not depend on them for a reference and are confident that they cannot impact your future job proespects they I think you are pretty free.

 

Good luck with whatever you decide.

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Guest Gollywobbler
Hi there

 

Does anyone know if your company can legally tie you in to a year or two after they've sponsored your residency? I've paid my own fees, but still my company made me sign a contract to stay for a year. I'm starting to get itchy feet - does anyone know if it's legally binding? Or if leaving may threaten the security of my ENS??

 

Thanks so much

 

D

 

Hello Darcy

 

Welcome to Poms in Oz.

 

The ENS visa would not be cancelled if you breach your contract of employment by walking out. However, your employer might have a remedy against you in local contract law if you breach the contract. It depends on your role in the company and what the commercial consequences would be for the company if you simply upped sticks and left, I guess.

 

But it would not have any impact on an ENS subclass 121 or 856 visa.

 

Best wishes

 

Gill

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Guest Darcy

Thanks so much for responding....I thought there might be some breach of contract issues to deal with but it's good to know that if the worst happens I won't be chucked out of the country! My situation isn't urgent at the moment so I am considering holding on until March/April when I can hand in my notice without breach.

Thanks so much everyone!

D x

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