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121 visa - transferring employers

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Hi, looking for advice? My husband is on a 121 employer sponsored visa. He has been working for just over a year here in Australia for the company that sponsored him. He has recently been approached by another company keen to employ him and happy to take over the sponsorship. Does anyone know how this actually works? and I cant remember the terms of the 121. Do you have to be sponsored in total for 2 or 3 years. I would be very grateful for any advice.

cheers jo x:cute:

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He doesn't need anyone to take over the sponsorship, he has PR. He can just resign and take the new job.

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Guest
He doesn't need anyone to take over the sponsorship, he has PR. He can just resign and take the new job.

 

really? - I would be shocked if that were true? i'm pretty sure there was a caveat to our visa regarding minimum 2-3 years with the sponsoring employer or another employer has to take over the sponsorship.........can anyone confirm?

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Guest Veldrane
He doesn't need anyone to take over the sponsorship, he has PR. He can just resign and take the new job.

 

I have been told the same by friends and my lawyer but the immigration officer told me that my visa 121 might be deleted if i change company before the 3 years.

Im confortable with the company i work for but who knows what might happen in the next 3 years.

 

It sounds weird that once you are PR you are compelled to work for someone anyway.

 

Really confused here...

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I have been told the same by friends and my lawyer but the immigration officer told me that my visa 121 might be deleted if i change company before the 3 years.

Im confortable with the company i work for but who knows what might happen in the next 3 years.

 

It sounds weird that once you are PR you are compelled to work for someone anyway.

 

Really confused here...

 

There is nothing to be confused about, it is a permanent visa, it is not going to be rescinded if you do not complete three years with the employer.

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Guest tandcmum

I'm sure the ENS states the job has to be available for 3 years, but nothing about visa being cancelled if you leave before that period

 

I think the RSMS is slightly different in that it can be cancelled if you don't stay with them for 2 years unless there is issues with the job

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Guest Unha99Y

PR can only be removed by the immigration minister. This is only carried out when a question of character changes after migration ie criminal activity

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Pumpkin is correct. The 121 visa gives permanent residency so the visa holder can resign and move to a new job or the boss can fire the visa holder if they want. To get the 121 visa the employer has to offer a job that is open for 3 years-that's all. Does not mean either are obligated to that 3 years which is normal employment law anyway. Very unusual, unless you are a senior executive, to be committed to a fixed period of employment. There is no condition attached to the 121 visa. So, your husband does not need a new sponsor.


Sandra Maxfield LLB (Hons), BA

www.eurekamigration.com; Lawyer admitted in Victoria, Australia & New York, USA. MARN 1066311

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