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Guest yyw6611

a questiob about 121 visa holder's work time

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Guest yyw6611

My friend David holds 121 visa and has worked for his employer more than 1.5 year. His employer nominated him and let him get 121 visa. Now David wants to work for another employer. David's questions are as following:

1. Since David was nominated by his boss and the boss submitted a 3-year employment contract to Department of Immigration & Citizenship, David have rights to resign from his boss and do another work before he completes the 3-year contract? What is law regulation about 121 visa work time? 121 visa holds must work for his naminator 3 years?

2. If David leaves his boss in 3 years, his visa (121 visa, a perment resident visa) will be cancelled according to Immigration law?

Thanks for your kind help in advance!

GEORGE

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Your friend's permanent residency granted via the 121 ENS visa will not be affected at all if he leaves his current job. Although the employer had to provide a job offer letter stating the position was available for 3 years there is no obligation under immigration law to stay in the job for that long. Your friend however needs to check what his obligations are to his current employer from a contract law point of view. That is, what did he agree with his boss about his employment? For example, some employers might require that the employee repay the visa costs involved for the employer etc...


Sandra Maxfield LLB (Hons), BA

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

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