I Need To Leave My Employer – What Is Going To Happen?

 

One very common question that I receive from Subclass 457, 186 and 187 visa holders is: I need to leave my employer – what is going to happen?

You may want or need to leave your employer for a number of different reasons. The below are just some examples that I have encountered:

  1. My employer is making me do duties which are not in my nominated role – I do not want to do these tasks
  2. My employer isn’t paying me the salary that was specified in my contract and/or visa application
  3. The ownership of my employing company has changed – I do not get along with the new management / owner
  4. I’ve been offered a role with another company and I want to take this
  5. My employer no longer needs my services and they have terminated my employment

The events that may occur following the termination of your employment does depend on the visa that you hold. In this post, I will outline the various consequences that may result when you end your employment.

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457 visa holders

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If you want to change employers

Firstly, you need to ensure that your prospective employer is eligible to sponsor you for a 457 visa. This generally means that they need to hold Standard Business Sponsorship and that this sponsorship is valid (or that they are eligible and willing to apply for this). Your prospective employer will need to lodge a 457 nomination application and have this approved before you can start employment with them.

Changing employers and completing current employment obligations

As a 457 visa holder, you can only work for your sponsoring employer and in your approved role.

The exception to this is when you are changing your employer and 457 visa sponsor. Even after the 457 nomination application for your new employer has been approved and your sponsorship has changed to this new employer, you can continue to work for your former employer and sponsor to ‘fulfil a requirement to give notice of termination of employment’.

Basically, you are allowed to fulfil the terms of your employment contract and serve out any required notice period.

If you end your employment with your sponsor (or if your sponsor terminates your employment)

Your 457 visa is subject to condition 8107 – this condition requires you to remain employed in your nominated role with your sponsor. If your employment ceases, then your employer is obligated to notify the Department.

If more than 90 days has passed since your last date of employment, then you are considered to be in breach of condition 8107 and the Department may issue you with a Notice of Intention to Consider Cancellation. If you intend to lodge another visa application, then you can discuss this matter with the Department and see if they can give you a little extra time to prepare and finalise the application (evidence supporting your claim that you will be lodging a genuine application may help you case).

If your employer notifies the Department that you have ended your employment and you are outside of Australia, then the Department can cancel your 457 visa without notifying you.

Covering the cost of your flight to leave Australia

Once you have ceased employment,  you can make a written request to your former employer and request that they cover the reasonable cost of your departure. Your former employer is obligated to cover this cost if it receives such a request.

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Employer Nomination Scheme – 186 visa holder

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In the visa application form, as the applicant, you are required to declare that you:

  1. Agree to work in the nominated position for at least two years
  2. Understand that if you as the applicant, or any family members included in the application or third parties acting your behalf, provide (or have provided in a previous application) false or misleading information, or bogus documents either knowingly or otherwise, the visa application will be refused and you may be subject to three year bar in relation to visas to which the fraud criterion applies. Any visa granted may be cancelled.

Effectively, this means that when your visa application is lodged, you must have the intention to work for your sponsoring employer in your nominated role for at least 2 years from the date that the visa is approved.

Once you have obtained your permanent residency visa

Once you become an Australian permanent resident, the situation does change a bit. Generally speaking, there is nothing from a migration law perspective that can really prevent you from changing your employer or your role.

People tend to worry about whether their permanent residency visa will be cancelled if they leave their employer before completing 2 years of employment. This will generally not occur unless you have provided the Department with ‘false or misleading information, or bogus documents either knowingly or otherwise’.

In my view, even if the Department is informed about your cessation of employment, they will not act to cancel your permanent residency visa unless they are provided with some clear evidence of fraud or misleading behaviour in relation to your visa application (e.g. an email in which you state that you intend to quit the moment that you obtain your permanent residency).

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Regional Sponsored Migration Scheme – 187 visa holder

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Section 137Q gives the Department the power to cancel the permanent residency that you obtained through RSMS. The section itself is relatively straight forward and states that permanent residency granted under the RSMS pathway may be cancelled if:

  1. You do not commence employment in your nominated role within 6 months of the date of approval (if you are in Australia at the time of approval) or within 6 months of entering Australia as the holder of a RSMS visa AND you do not satisfy the Department that you have made a genuine effort to commence employment within the 6 month period; or
  2. You commence employment but you terminate your employment within the first 2 years AND you do not satisfy the Department that you have made a genuine effort to remain in your nominated role for the required 2 years.

Relevant considerations in assessing ‘genuine effort’

If the Department does decide to conduct an investigation, under policy, the following must be considered when the Department determines whether you have made a ‘ genuine effort’ (the below is a direct extract from the Department’s policy):

  1. The visa holder’s reasons and/or circumstances leading to the failure to commence work or to complete the two year employment period (family or personal considerations may be a factor under these circumstances)
  2. The possibility that the visa holder, in collusion with the employer, does not commence work within the six month period or resigns shortly after commencing work, as part of an arrangement to help the visa holder enter or remain in Australia
  3. In the case of termination, the period of the visa holder’s employment with the employer prior to termination of the employment (generally, periods of more than 12 months may be considered as a genuine effort) and
  4. Any other matter which is relevant to the commencement or termination of the employment.

The below is a summary of other relevant parts of the Department’s policy in relation to s137Q:

  • If you are ceasing employment on ‘reasonable grounds’, you are expected to give your employer reasonable notice.
  • The Department is unlikely to decide that you have not made a genuine effort if your failure to commence or your termination of employment was due to circumstances outside of your control (e.g. your employer’s financial loss, bankruptcy or closure of the business).
  • The Department may decide that you have not made a genuine effort if you ‘deliberately damaged or sabotaged the employer’s business to cause the dismissal’.

At the end of the day, policy does state that decisions made under s137Q are a matter to be resolved between the Department and the visa holder. The former employer can provide information to the Department but they are not involved in the ultimate decision-making process.

Consequently, if the Department is considering the possibility of cancelling your visa, the Department will need to contact you to give you the opportunity to present your side of the story.

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Before you ask…

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Please do not ask us whether it is ok for you to leave your employer before completing the required 2 years of post visa approval employment. I’m sorry but I’m not going to respond to comment questions asking me to predict whether the Department will take any action against your permanent residency.

One of our clients did contact the Department before he left his employer – he asked the Department whether it was ok for him to leave and whether the Department would take action against his permanent residency visa. The Department expressly advised:

The Department is unable to determine whether or not a visa would be cancelled prior to ceasing employment. The assessment can only be made after the event, that is, after the visa holder ceases employment with the nominated employer.

If the Department cannot even tell you what is going to happen before they complete an assessment, then I certainly cannot predict the Department’s actions.

I would say that if you ceased employment because your employer no longer needs you (irrespective of why this is the case – it can be a change of management, closure of the business, lack of work etc.), then I think that the Department is unlikely to take any action against your permanent residency.

Also, if you have obtained your Australian citizenship, then I do not think that the Department would take any action against your citizenship if you leave your employer.

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How we can help

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Please Contact Us if you require our assistance.

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797 thoughts on “I Need To Leave My Employer – What Is Going To Happen?

  1. Syed majaaz

    Hi,

    My question is I applied for RSMS in July 2016 and in December 2017 my nomination got refused and my employer have appeal the case,now I’m on appeal…my position is restaurant manager,will it effects on my appeal if I step down my position or do I have to be stay as a restaurant manager until the appeal approved…I’m staying with the company not leaving them but just wondering if I could change my position while I’m on appeal…

    Thanks

    Reply
    1. Peng Cheng Post author

      Changing your role during the processing time may affect your appeal – the tribunal member may ask you why this happened.
      Unfortunately I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  2. Ranjan

    Hi, We are in 457 visa and valid until September 2018. We have applied 187 visa last January we got braiding A visa it’s says we cannot travel our passport is gonna expired on July this year is it possible to travel before expire 457 visa for renewed our passport.

    Reply
    1. Peng Cheng Post author

      Hi Ranjan,
      Yes you can travel and return on your current 457 visa while this is valid.
      After you return to Australia, you need to apply for your Bridging visa A again because this may become invalid when you depart Australia.
      PC

      Reply
  3. Jay

    Hello good morning,I got my PR last year NOVEMBER 2017(ENS 186) and I want to drive Uber but my boss said I can’t do 2nd job but on my visa it show :visa conditions NIL?can quit my job and work somewhere else if I do that did immigration cancel my PR? I’m very worried please reply me
    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Jay,
      You can have as many jobs as you want as a 186 visa holder. You can also work for yourself.
      PC

      Reply
      1. Jay

        Thanks for your help your very kind person helping everyone here ,so if I quit my ens employee,no trouble with my 186?
        Thanks

        Reply
        1. Peng Cheng Post author

          Please see above post in relation to the commitment that you made as a 186 visa applicant.
          PC

          Reply
        2. Lorena

          Hello Peng
          I am waiting for sponsorship 457 visa. In this moment i have bridging visa. But my boss will sale the business. You know what happens with my process?
          I need apply again with the new owner?
          Thank you

          Reply
          1. Peng Cheng Post author

            Hi Lorena,
            I’m sorry but this is a rather complicated matter that you are asking about. Unfortunately I can’t provide advice just based on your comment information.
            Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
            PC

  4. Katie

    Hi Peng

    I’m currently on a bridging visa for a 457. I have been on this for around 8 months now. My job isn’t working out to how I expected and I want to return back to the UK.

    In my contract it states I should pay 50/50 towards visa. I have not paid anything as my company has not asked as of yet.

    If I was to resign now what fees would I need to pay if any?

    Thanks

    Reply
    1. Peng Cheng Post author

      Hi Kate,
      I’m sorry but this isn’t a migration law issue. This would be a contract/employment law matter and unfortunately I can’t provide advice on this matter.

      The business can’t recover the following costs: https://www.homeaffairs.gov.au/trav/work/empl/sponorship-obligations-monitoring-and-sanctions

      Not recover, transfer or charge certain costs to another person
      You must not take any action or seek to take any action that would result in the transfer or charging of costs (including migration agent costs) to another person, such as a sponsored visa holder or their sponsored family members this includes costs that relate to:

      the recruitment of the person you sponsored
      becoming or being a sponsor or former approved sponsor.
      This obligation:

      starts on the day the sponsorship is approved or the work agreement commences
      ends on the following two events:
      you cease to be an approved sponsor or party to a work agreement
      you no longer have a sponsored visa holder.
      Sponsors are also required to pay certain costs associated with becoming a sponsor and not pass these costs, in any form, onto another person. These include:

      cost of sponsorship and nomination charges
      migration agent costs associated with the lodgement of sponsorship and nomination applications
      administrative costs and any sundry costs an employer incurs when they conduct recruitment exercises, including:
      recruitment agent fees
      migration agent fees
      the cost of job advertising
      screening of candidates, short listing, interviews and reference checks
      salaries of recruitment or human resource staff
      the cost of outsourcing background checks, police checks and psychological testing where they relate to an employer determining an applicant’s suitability for the position
      training of new staff
      responding to queries for prospective candidates, and advising unsuccessful applicants
      travel costs for the sponsor to interview and/or meet the applicant either overseas or in Australia.

      PC

      Reply
  5. satya

    Hi Team Myacess au,
    We are currently on 457 visa, ( granted for 4 years, 1 year completed with employer) onshore have applied for 189 GSM visa with 65 points software engineer, now that my employer has new technology that might make my role redundant, will i get Bridging visa or should i leave australia and wait offshore untill my PR is granted?

    As my kid goes to sydney school,i dont want his academic year to be impacted. will i get bidging visa untill 189 decision is made>?

    Reply
    1. Peng Cheng Post author

      Hi Satya,
      If you lodged a valid 189 visa application while you were in Australia, then you should have received a bridging visa A shortly after you lodged this application. I think that the Department would allow you to remain in Australia on your current 457 visa if you are waiting for a decision on your lodged 189 visa application.
      PC

      Reply
  6. BG

    Hi Peng!

    I’ve a question about my situation.
    I’d applied for 187 visa in Aug, 2016. It’ll be 2years in Aug, 2018 but still my visa is not approved yet. So, if my visa is approved do i still need to stay for another 2years? I’m planning to leave in Sep, 2018 if my visa gets approved by then. And, My contract says i need to stay 2years after my visa is approved. But, technically i‘ll be here 2years already.
    So, what do u think about my situation?
    Thanks!

    Reply
    1. Peng Cheng Post author

      Hi BG,
      I’m sorry but the commitment made for a 187 visa is to work for 2 years after your visa is approved.
      The Department’s policy does indicate that the work that you complete for the employer during processing time may be taken into consideration.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need assistance.
      PC

      Reply
  7. Alessandro

    Hi Peng, i have a question for you and i help that you can help me,
    I have applied last december for a 187 visa. I was before on a 457 visa with them since febraury 2017 and i started working with them in june 2016 with a 417 Visa.
    Since i started i have been doing a lot of hours and since i applied for my 187 i have been working an average of 65 hours a week, with no breaks , unpaid ovetime.
    My contract says i should work 38 hours plus reasonable hours
    Now i have an offer from another employer that would guarantee me better hours and the same pay, keeping the same role.
    Now my question is: can i somehow transfer my 187 application to the new employer? Being still on a 457 visa as the 187 hasn’t been approved yet can i transfer that to the new employer? Or instead do i need to apply for a new 187 visa with the new employer?
    Is the immigration able to help me to reduce my hours without the risk of loosing my job and my current application or i should just wait until the visa gets approved and then open a case with them? This is really affecting my life in a negative way and my relationship too. Hope you can help me, thanks

    Reply
    1. Peng Cheng Post author

      Hi Alessandro,
      Now my question is: can i somehow transfer my 187 application to the new employer? No sorry.
      Being still on a 457 visa as the 187 hasn’t been approved yet can i transfer that to the new employer? Yes you can transfer a 457 visa, before the laws changes.
      Or instead do i need to apply for a new 187 visa with the new employer? You would need to lodge new 187 nomination and visa applications if you want to change your sponsor.
      Is the immigration able to help me to reduce my hours without the risk of loosing my job and my current application or i should just wait until the visa gets approved and then open a case with them? I don’t think the Department can help you with this. Perhaps contact this government body: https://www.fairwork.gov.au
      PC

      Reply
  8. R.R

    Hi Peng,

    I want to share my situation with you. Last year I lodged my RSMS 187 visa with one of the restaurant and i got bridging visa for that, later on after 8 months my employer shut down his business and I lodged one more 187 application with another restaurant and the second restaurant they are going to shut down within couple of months.
    I didn’t withdraw any file so far .To be honest I really don’t know what to do, what not to do at present. Could you please help me to get out of this situation.

    Thanks for help
    Thank you for your time
    Regards
    R.R

    Reply
    1. Peng Cheng Post author

      Hi RR,
      I am really sorry to hear about your unfortunate and unlucky situation.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  9. Mj

    Hi there,
    I was holding my 457 since January 2014, as a cook in a cafe, last year March I apply for 186, but my boss sold the shop, and they can’t do it anymore. But I find another job, they willing to sponsor me. Do I still can get my 186 visa. Or not. Thanks

    Reply
    1. Peng Cheng Post author

      Hi MJ,
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  10. Davide

    Hi Peng

    I have been working over 3 years for the same company under the 457 sponsor visa and I have already applied for the permanent visa
    After 9 month I still waiting for the approval but I m not happy to work there any more

    My question is I can quit the job before my permanent visa is granted??
    Or working for them part time while I m waiting ??

    Reply
    1. Peng Cheng Post author

      Hi Davide,
      That could adversely affect your application since you make the commitment to work for the sponsor after your PR is granted as explained above.
      PC

      Reply
  11. Nicole Parkes

    Hi Peng

    I’m currently pending for my 186 direct entry.
    My curresnt employer might be shutting down. Will it affect my application if I have to transfer employers? Can I even do that if it’s pending?

    Thanks
    Nicole

    Reply
    1. Peng Cheng Post author

      Hi Nicole,
      If the business is not operating at the time of decision, then I don’t think that the Department can approve an employer sponsored visa.
      ​​Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  12. Daniele

    Hi Peng,
    I’m waiting approval for 186 visa, which was lodged 3 months ago.
    The occupation applied is ICT Sales Representative.
    I am planning to move to another team which still being sales.
    Internally both positions have differente names (digital sales representative and existing accounts sales representative).
    Will I have problems if I chanhe roles internally even if both are satisfied the requirements for ICT Sales Representative occupation?

    Reply
      1. Daniele

        Thank you for replying, Peng.
        How does you service work? What is the best option to contact you? Could you please send me your contact information?
        Best Regards,
        Daniele

        Reply
  13. Fab

    Hi I am on a Bridging visa C applied for 2nd time 187 visa because the first time the nomination has been refused for a mistake done by my employer.
    I am thinking of leaving my employer atm, if i resign today do u know how much time will I have left in the country or to find another path pls?

    thanks

    Reply
    1. Peng Cheng Post author

      Hi Fab,
      You probably have time until the department starts to assess and then finally decide your visa application. If the Department refuses your visa application, they will send you correspondence confirming when your bridging visa ceases.
      PC

      Reply
  14. Oleksandr

    I am on a 457 visa. I really need your advice, and hope you can answer my question.

    Before Christmas I decided to leave my employer and started to look for a new job. I got a good job offer. We signed a contract and new sponsor lodged nomination application. The nomination has been approved on 10 Jan 2018. I gave formal 4 weeks notification of my resignation to my manager on 22 Jan 2018.

    All managers and workers are sad that I’m leaving, and last two weeks everyone was trying to talk me out of leaving. And I have been offered better terms and conditions of my employment by senior management. However, the nomination has been approved by DIBP and I am at position of transmission.

    As I am in doubt of my decision to leave, can you, please, advise me, is there a possibily to stay with my current employer. Is it possiable to cancel or refuse of nominaion and the new employment?

    Thank you

    Oleksandr

    Reply
    1. Peng Cheng Post author

      Is it possiable to cancel or refuse of nominaion and the new employment? No sorry – business would need to complete 457 nomination application to transfer your sponsorship again.
      PC

      Reply
  15. Sarah

    Hi Peng,

    I entered Australia on a 417 working holiday visa and after 6 months my employer sponsored me on a 457. It’s now been 14 months with my employer and I’m no longer enjoying my role and the prospect of PR is no longer an option for me.

    If I left my employer and 457, is an option to finish my 417 for 6 months, OR use my 90 days after I leave my employer to complete farm work to gain my second year 417 visa?

    Thank you in advance

    Reply
  16. OSCAR FUQUEN

    Hi Peng,

    I lodged my 186 visa application under the direct entry stream and the sponsor nomination has been approved for the company. However, another company takes over my company. I would like to get advice from you.

    By the way, my 457 visa will expire in 2 months.

    Regards
    Oscar

    Reply
    1. Peng Cheng Post author

      Hi Oscar,
      Sorry but I can’t provide advice in relation to your visa eligibility just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  17. Lisa Farrington

    Hi Peng

    My employment ended and I am nearing my 90 days, whilst trying to find new employment. At what stage do Immigration contact me? (I left my last address as left the country and have returned to temporary accommodation). If I don’t find employment in the 90 days, how long do I have to leave the country? Does my husband who is on my visa have to stop working at the 90 day point?

    Thanks
    Lisa

    Reply
    1. Peng Cheng Post author

      Hi Lisa,
      The Department will try to contact you on the last contact details that you provided.
      You can send the Department form 929 if you need to update your contact details.
      Dependent 457 visa holders can continue to work while they hold this visa.
      PC

      Reply
  18. Kenny

    HI Peng,
    I am waiting approval for my Visa 186 application, submitted 2 months ago and i am currently on visa 457.
    However, my company is sold and changed ownership.
    Please advise if i need to inform the department and will they cancel my visa 457?
    Thanks & rgds,
    Kenny

    Reply
    1. Peng Cheng Post author

      Hi Kenny,
      I think the new business would need to take over your 457 visa, and you may need to re-lodge your permanent residency application.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  19. Randy

    Hi Peng,
    My boss who sponsor me talked to me last night and he is forcing me to stay with him even after 2 years , i told him yes i can until we find my replacement but he is not happy. he said he will hire and sponsor another one and i need to leave once he lodge the new application for his new manager and threatened me that the immigration might cancel my visa and saying words that i should be thankful to him and my family because of him but i said im not leaving him and i will follow the law.He also threatened me that he will get immigration lawyer to file a case, i’m on 187 and one year in his company. My family is now scared and bothered if he do something not right to us. i need your advise.
    Does he has a case to file against me? because i told him i am not leaving but he is the one who wants me to leave.
    Hope to hear from you as i am very confused now and my family.

    Sincerely,
    Randy

    Reply
    1. Peng Cheng Post author

      Hi Randy,
      I’m sorry to hear about your situation.
      In terms of migration law, only the Department would be able to investigate and take action in relation to any visa. Your boss can communicate with the Department but he won’t be able to decide any matter.
      PC

      Reply
  20. M K

    Hi there,

    Thanks for the info, its helped a lot but i just have a couple of questions:

    – I’m on a 457 visa and have worked for my employer for 14 months, what happens to my visa if the company closes.

    – If i find a new employer, does the new employer have to sponsor me again, is it like starting from scratch again and are the costs the same?

    Reply
    1. Peng Cheng Post author

      Hi MK,
      Sorry but you can’t count work with a prior business for the 2 year stream.
      Sorry but I can’t provide advice just based on your comment information.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  21. Sarah

    Hi,
    I am currently awaiting my 457 Visa application to be approved.
    My question is if I can leave the Visa at anytime?
    For example if my circumstances were to change and that required me to go back to Ireland can I terminate my employment at anytime? I understand once I terminate my employment the 457 Visa is no longer valid either.
    Would I be charged a fee etc?
    Sarah

    Reply
    1. Peng Cheng Post author

      Hi Sarah,
      The Department can process the cancellation of your visa if you cease employment – there isn’t any fee associated with this.
      PC

      Reply
  22. Radhika

    Hi
    My husband is sponsored for 457 visa and his been on the job for nearly a year now. The boss doesn’t treat him well and makes him do most of the job work th no appreciation. Boss doesn’t respect employees
    Is there a way to get out of this?
    He wants to resign and start work with another company who is willing to sponsor but they said it’s gonna take lot of time?

    Reply
  23. ilias

    Hi Peng,

    thanks for the information on the website.
    I am currently on a 187 visa in Australia but my employer is running out of work within my 2 years after the visa grant. I have been with the company for just a bit over 3 and a half years.
    It is nothing personal as the construction market is currently not favorable for my employer to keep me or anyone else in the company employed. Does this mean I can still stay in Australia with my current visa if i make a genuine attempt to find a new employer? If yes, do I have to start the visa procedure again from scratch?
    Thanks in advance.

    Reply
  24. grace

    hello Peng,

    I am currently under 457 and planning to leave my employer since i am not getting the 38hr/week shifts. my contract with them says that i have to work in the company for 4 years, if i wanted to transfer my sponsorship to other employer, will that contract be void? i have only worked for them for 2 months. thank you.

    Reply
    1. Peng Cheng Post author

      Hi Grace,
      Your employer contract should have terms in relation to the termination/end of your employment.
      Sorry but I can only advise in relation to migration law issues – termination/end of employment is an employment law issue.
      PC

      Reply
  25. Mark

    Hi PC

    Am in 457 visa ,i applied my 186 TR stream visa 1/10/2016 still waiting for decision. My question is can I apply again 186 direct stream for a safe side , if I apply may be the company close after six month What happens?

    Reply
    1. Peng Cheng Post author

      Hi Mark,
      Sorry but I don’t think that the Department can approve the business’ application if the business closes before the application is decided.
      PC

      Reply
  26. Patel

    Hi Peng,
    Thank you for such a great forum.

    I have finished my sponsorship period with my employer, I got my permanent visa, I have been permanent resident for the last two years, I also passed the citizenship test and waiting for my ceremony.

    An issue recently happend with my employer, he got upset because I found another job and leaving his company.

    Can he do anything against me before I attend my ceremony? can he still cancel my permanent visa?

    I would really appreciate your help Peng,

    Thank you in advance.

    Reply
  27. Sarah

    Hi Peng.
    I hava a question regarding my situation. I have lodged my 187 as restaurant manager and am still waiting to hear whether or will be granted.
    I have worked for the business for 2.5 years. Recently they hired a new manager who is on a salary.
    My bosses now wish to keep me on a part time basis during my sponsorship 2 year employment.
    Is it possible for me to work just 3 days a week for employer, and work a second job?
    And does my role have to be a salary, or can I be paid and hourly rate.
    Thank you
    Sarah

    Reply
    1. Peng Cheng Post author

      ​Hi Sarah,
      The application would be nominating a full-time position.
      Sorry I’m not sure what the department’s position on this is, other than the information provided in the above post.
      PC

      Reply
  28. Sandrine D

    Hi Peng,

    Excellent forum!

    When in a 186 visa, if changing jobs, do you still need to have sponsorship in a new job?
    Do you need to notify the Immigration and having your visa ‘transferred’ to new employer?
    (if so, it is only if within the 2 year period or forever?)
    Thank you so much,
    Sandrine

    Reply
  29. Ari

    Hi Peng

    Thanks for creating this forum.
    Im on 4th month of my bridging visa waiting decision for 187. Just wondering what happen if my employer fail to pay my me as written in contract? Such as annual leave and hourly rate? And also what happen if my employer bankrupt while Im still on my bridging visa?

    Thanks

    Reply
    1. Peng Cheng Post author

      Sorry but I don’t think that the Department can approve your application if the business closes before your application is decided.
      PC

      Reply
  30. Paul

    Hi Peng
    Now I am in 457visa as a restaurant manager .which will finished in may 2018.
    I have also applied 186 visa 18 month before , which is still pending .i have not heard anything from department since I applied .
    So I am thinking about to withdraw that 186 application.
    Again I have applied 190 visa application from qld where I am currently working . my file is already lodged 1 month before . Now my restaurant is also just closed what would be the condition now ?
    What about my Woking right ,?
    Does it effect to my 190 visa application , from where I got employment reference , Which is also called job offer?shall I need to speak with department about restaurant close ?

    Reply
    1. Peng Cheng Post author

      Hi Paul,
      I’m sorry these such broad questions aren’t appropriate for these comment fields.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need assistance.
      PC

      Reply
  31. Thomas Smith

    G’day Peng,
    One question, I am about to apply for a 187 RMS visa with my employer (currently on a 457). Are you able to shed any light on what might happened to the visa application if I lose my job before I have a result from immigration?
    Cheers T

    Reply
    1. Peng Cheng Post author

      Hi Thomas,
      I don’t think that the Department can approve your application if you are no longer offered the role at the time of decision.
      PC

      Reply
  32. Dean

    Hi I was on a sponsored 457 visa and decided to return home to the uk and leave my job. Now I have been home 4 weeks I have decided I would like to go back, and my employer would be willing to nominate me again. As this is within the 60 days or 90 days as it says in my visa of finding another job/sponsor would this be ok to get me back into the country, or does once I leave the country cancel my visa? Also I was in my visa for almost 3 years so does this mean if I get the job I can apply for PR?

    Reply
    1. Peng Cheng Post author

      Hi Dean,
      You can use VEVO to check if your visa is still active: https://www.border.gov.au/Busi/visas-and-migration/visa-entitlement-verification-online-(vevo)
      You should be able to return to Australia to work on your 457 visa for your approved sponsor if your visa is still valid.
      Please see post in relation to permanent residency visa requirements: http://myaccessaustralia.com/employer-nomination-scheme-subclass-186-visa/
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  33. Christian

    Hi Peng,

    I´m currently under 457 which will be expiring end of Nov 2017. I’m starting the process to apply to the independent skilled visa (189). Is it realistic to think I would get an invite before end of Nov so I transition to a briging visa or should consider lodging a new 457 with my employer?

    I appreciate it your advice.

    Cheers.
    Christian.

    Reply
  34. CJ

    Hi Peng,

    Excellent forum!!!

    I have studied MBA in Australia and am working with a company for 14 months now and have applied for ENS directly. Things have suddenly changed and the company seems to be trying to get rid of me in few months…. Not sure what will happen to my ENS application and suggest if anything can be done here

    Reply
    1. Peng Cheng Post author

      Hi CJ,
      Sorry but the Department can’t approve this application if the business decides to terminate the role and visa sponsorship before the Department decides this.
      Please see Contact Us page and in relation to our Consultation Service – feel free to contact us if you need advice in relation to your visa options.
      PC

      Reply
  35. PS

    Hi Peng,

    I have a few questions regarding to 457(valid till 2020) and ENS visa and my current situation.
    I’ve been working for my current employer for 1.5 year on 457 visa under their sponsorship.
    They also applied for my ENS visa for me but unfortunately last week my sponsor company has terminates my employment.

    1. Will there be a chance that the immigration department rejects the ENS, I ask them to wait for 1 more month which is my notice period. and they are ready.
    2. Should I go refund and withdraw my application? OR wait 1 more month?
    3. I also got other employee who is ready for 457 and ENS, but, can update new employer on my existing ENS application or should I go new ENS application.
    What is opinion.
    I would be really happy if you can answer my questions.
    Thanks.

    Reply
    1. Peng Cheng Post author

      Hi PS,
      I don’t think that the Department can approve this application if they are aware that the nominated role is no longer offered to you.
      Generally speaking, you can’t get a refund if the Department refuses your applications.
      I think that you would need to lodge new applications if you want to apply with a different business.
      PC

      Reply

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