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Can I leave my job under Sc 186 within 2 years?

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Question asked

Dear Agent,

With relation to Visa subclass 186 Employer Nomination Scheme - Direct Entry Stream, I was wondering if you could provide advice on the following question:

Does a person who has been granted the 186 Visa on July 2018 breach any visa conditions if he/she decides to leave the employer prior the two years of commitment is over?

Of course this person is leaving the current employer due to a better job offer with another one.

Thanks a lot and regards

Answer provided by Migration Agent

Dear MP,

Once your 186 Employer Sponsored visa has been granted, you have permanent residency rights in Australia. There is no enforceable obligation that will prevent you from changing your employer. It is therefore unlikely that the Department of Home Affairs will cancel your visa unless you have provided false or misleading information in your visas application.

When you lodged your 186 visa application, you were required to declare that you agree to work in the nominated position for at least 2 years and that you understand that your visa may be cancelled you provide false or misleading information. This means that you would have had to declare an intention to work for your sponsoring employer for at least 2 years from the visa grant date. Thus, only if it is determined that you have made fraudulent and misleading claims in your application, you may lose your 186 visa.

186 visa applicants are always encouraged to make a genuine attempt to stay in the position with their employer. However, the 186 visa does not have a condition which states that you must remain with your employer for 2 years. Likewise, there is no condition that requires your employer to keep you for the 2 year period either. You should ensure that your employment relationship end on amicable terms. In addition, you are strongly encouraged to comply with the terms of your employment and to check the termination clause with respect to the notice period if you decide to end your employment with your sponsoring employer.

Thank you for using Ask-an-Agent. If you need further services from myself please contact Amy at amy.jacobson@ask-an-agent.com.au – and don’t forget to mention your question ID so that I can keep providing immigration services to you.

Migration Agent

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