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Guest genum31

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Guest genum31

My migration issue is this: Under 856 category, is the worker being sponsored obligated to work for 3 years for the employer who sponsored him ? What are the consequences on th PR VISA of not completing the 3 year service required? Help on this will be highly appreciated.

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Guest wanderer

Hi genum,

Reading the eligibity criteria for both the employer and the employee, you'll note the employee has to make an offer for an ongoing job for three years to qualify.

 

With employee, it does not say the PR visa is reliant on staying in sponsorship for three years and if it did, it would likely be called a provisional visa and there are those in the GSM stream.

 

I do not know that the validity of any work offer as a contract has been tested legally by either employers or Immi and the view of other posters on here, [even one IA having made a post.] is that would be no legal requirement to stay with the initial employer, and it could be that there would be very good reasons to find another employer.

 

The usual situation with PR is that you do have it as a Permanent Residency Visa and there would have to be very extreme conditions [like you made a faudulent application or committed some horrendous violent crime etc.] for a PR visa to be withdrawn.

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a few yrs service is usually the agreement. But my understanding is that once pr is granted theres not a lot that the company can do if you leave.

 

i know lots of nurses that have done this and as soon as they have pr granted they leave the job and the employer high and dry. i wonder if this is one of the reasons why 457 isnt the best visa in most employers eyes as its so easily abused

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Guest Gollywobbler
My migration issue is this: Under 856 category, is the worker being sponsored obligated to work for 3 years for the employer who sponsored him ? What are the consequences on th PR VISA of not completing the 3 year service required? Help on this will be highly appreciated.

 

He genum31

 

Welcome to Poms in Oz.

 

If the employment contract says that you must work for the employer for three years, you might put yourself in breach of contract if you don't fulfil the contract. The employer might have a claim against you for breach of contract under local State law.

 

However if you and the employer agree that you will work for him for 3 years but things don't work out between you, you walk out, his business takes a nosedive and he lays you off - whatever - as long as no deception has been involved in procuring the visa, DIAC have no involvement with a later parting of the ways.

 

Is this what you wanted to know?

 

Cheers

 

Gill

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Guest genum31
Hi genum,

Reading the eligibity criteria for both the employer and the employee, you'll note the employee has to make an offer for an ongoing job for three years to qualify.

 

With employee, it does not say the PR visa is reliant on staying in sponsorship for three years and if it did, it would likely be called a provisional visa and there are those in the GSM stream.

 

I do not know that the validity of any work offer as a contract has been tested legally by either employers or Immi and the view of other posters on here, [even one IA having made a post.] is that would be no legal requirement to stay with the initial employer, and it could be that there would be very good reasons to find another employer.

 

The usual situation with PR is that you do have it as a Permanent Residency Visa and there would have to be very extreme conditions [like you made a faudulent application or committed some horrendous violent crime etc.] for a PR visa to be withdrawn.

 

 

 

Thanks very much for the time and information. It really helped.:biggrin:

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