Question: What happens if I leave my employer (PR sponsor) without completing the 2 years of employment, as per my 2-year employment contract? Will my 186 visa be cancelled or revoked?
This is a common question we receive from people who have already been granted Permanent Residency via the subclass 186.
The answer depends. If you applied for the 186 without a genuine intention to work for your employer for the full 2-year period, and it is determined that the application was made with fraudulent or misleading claims, then you can lose your 186.
However, if the application was made on genuine grounds, but the employment relationship has subsequently broken down, or ended due to the nature of normal staff turnover (or other standard employment issues) then your 186 will continue without any problems.
Once your 186 visa is granted, you have full permanent residency rights and therefore have no enforceable obligation that prevents you from changing your employer or your role. Generally speaking, the Department is unlikely to cancel your visa if you change employers unless you have provided false or misleading information in your visa application (as previously mentioned). It is also important to keep in mind that both you and your employer must comply with applicable Australian workplace and employment laws throughout your employment.
There is no condition on a 186 visa that states you must remain with your employer for 2 years; likewise, there’s no condition that your employer must keep you for 2 years either.
To be safe, you have to at least adhere to the following:
- You must commence employment with your employer within 6 months of being granted the visa; and
- Once you have commenced employment, and before considering to leave the job before 2 years, have made a genuine attempt to stay in the position with your employer.
At the end of the day, as long as you and your employer are on amicable terms if things end, then everything will be okay. Make sure to check your employment contract to adhere to the termination clause in relation to providing the correct notice period if you or your employer decide to end your working relationship.
If you require professional assistance with a 186 Nomination and/or Visa Application, please email us at solutions@old.visaone.com.au or for any urgent matters, please call us on 1300 61 99 77.
*Legal Disclaimer: Please note that this article is for general information only. Always seek professional legal advice in regards to your situation as every situation is different. Immigration legislation changes regularly and thus always, get up-to-date advice on your situation. Lodging a visa application is a judicial process and is based on the quality of legal advice and legal representation you receive. It is illegal for any Migration Agent or Lawyer to guarantee 100% of a positive result as it is a judicial process.
Hi,
I’m Jc, I have my 186 Visa been granted few weeks ago and I’m thinking of leaving my job due to the company is forcing me to work more shifts and more than 45hours and maximum 60hours a week without any overtime pay but i had to do the job because of gratitude to the company. Another reason is the headchef doesn’t care how tired we are. If I leave my job before 6 month of 186 Visa grant will I lose permanent residence? Thank you.
Hi Jc,
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Hi my 186 Visa has been granted few weeks ago and I’m thinking of leaving my job due to the company is forcing me to work more shifts then I’m willing to work. If I leave my job before 6 month of 186 Visa grant will I lose permanent residence? Thank you
Hi Jay,
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Hi,
I have applied through an immigration agent for my PR using the 186 ENS about 18 months ago, all documents and requirements have been uploaded and nothing is pending. The Global Visa processing time states that 90% of the candidates should be approved within 13 months (Mine is showing as “received” and I haven’t even been allocated to a CO) . Should I be concerned about that extra time or is it normal practice to wait over the period they specify on the Home affair website?
Hi Fabio,
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Hi. I have been with my company for 2.5 years and am on the old 457 visa. I was told by the company that that they would sponsor my 186 visa and now they have gone back on this. Part of the reason (they are saying) is due to the processing time and that they will need to keep my position for 2 years after I get my visa. I know that remaining with the employer for 2 years use to be a requirement for the 186 visa, but I can no longer find this information / and you say on your site above that it not. Please can you clairfy this (ie has something changed?)
Hi Damien,
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Hello VisaOne,
I am on 186 visa (granted last year), I have worked for the company for 5 years+, now if I want to resign peacefully with my employer, what will the Immigration department do normally? How much is the risk for the visa cancellation?
Many Thanks.
KC
Hello KC,
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I grand 186 visa by 8 month ago，but I had two year employment contract，my family‘s health is not getting good at the moment，any solutions that I can leaving Australia for a year and than come back？ I am worry about immi will cancel my visa as I didnot work for the employer at least two years.
Hi Kyrie,
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I currently hold my 457 through a recruitment company who lease me to a finance institution. I am currently trying to get 186 sponsorship through the financial institution however they’ve informed me that as part of their policy I need to have worked for them for a year before they would consider PR sponsorship – i have contracted for them for 3.5 years. Can you tell me if that is a company policy or a government policy?
Thanks
Hi Rachael,
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Same question as someone already asked this.
When first day of two year term starts? the day the application lodged or first day after granting the visa?
Hi Hayley,
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I have applied for my subclass 186 direct stream this January.
As you mention on this article, “There is no condition on a 186 visa that states you must remain with your employer for 2 years” but my visa consultant told me to remain 2years because of 186 conditions. I am bit confused.
Hi Eli,
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Good Day Team VisaOne,
my visa 187 just got approved recently, but the concern that I have at the moment is that I haven’t started in the nominated position and the company wants to transfer me to a different regional venue. Will I be having trouble with this?
Hope to hear from your team soon.
Cheers!
Hi Tony,
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Sorry i want to ask about: When i had visa 186 but i want to change the new job with higher salary. Is it still ok or i need to do 2 year in PR sponsor? ( My job is base on cer III in meat work, now i have cer IV in meat inspetors) Thanks you very much.
Dear Jay,
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Can someone renew his or her 186 and 190 visa while still working in Australia ?
Hi Akindele,
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When first day of two year term starts? the day the application lodged or first day of employment? what happens if first day of employment is before the day of lodgement?
Hi Jack,
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Hi good day! I just got my PR visa last September, but I am working for them since March 2017 until now. My sponsor company ‘s financial status is not getting good. Can I resign in my job now? Hope you could reply to my query?
Hi Dulce Lejao,
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Hi There
I already applied ENS visa last week I just wondering am I able to work with other company now or I just have to work with same company as long as I will get my permanent residency?
Thanks
Hi Shailesh,
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A doctor who is in NSW has applied for a ‘skilled State sponsored 190 visa’.
How does he stand if he wishes to leave NSW as it is State sponsored? Can he change states once it is granted, or prior to it being granted??
Hi Karla,
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Hi my employer is willing to sponsor me for 186 but i have to sign a four year contract for them. Do I have to stay with them that long. I have already worked for them for 2 years while on my 461 visa.
Hi Sayonara,
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My employer is trying to claim back the 186 fees they paid for me through the nomination scheme.
They have never put a repayment plan or contract agreement in place (fees were paid in 2016).
Can they legally do this?
They are threatening legal action :-/
Hi Robert,
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Hi.
I just got my permanent residency last July from a 457 visa.
I d like to leave my workplace now as I have been working there for nearly 4 years.same situation I signed a contract of 2 years when lodging my PR application.
Am I able to leave my workplace?
Thanks
Julian
Hi Julian,
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Good day. I am an 186 visa holder. The company that has sponsored me is in big financial trouble as it can not pay me or any of there staff there salary. It has been a constant struggle to get paid for 9 months And was I told recantly to stay home until the company can pay me. Can I leave the company and seek other employment.? Will this be legal? Or can it effect my visa.
Thank you
Pieter
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Hello VisaOne,
I am under visa 457 and already applied 186 (direct entry stream). Now I want to marry my partner and she is currently under student visa. Can I add her as the family member (after married) when my visa has been lodged for 4 months? What happen to my partner’s visa when she wants to continue studying (for another half a year)?
Thanks in advance.
Hi Daniel Vo,
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Hi visaone,
I have a question about a 457 visa apply for 186 visa. I am wondering if the shop owner has 4 staffs are doing the 457visa within 1 year, is that possible for all of us to apply 186 visa successfully? Is it depends on the profit they have? Sounds very unfair if their profit is not enough for all of us to apply the 186 visa which we all are working there very hard. Look forward to hearing from you guys soon. Thanks a lot!
Joyce
Hi Joyce,
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Hello, I am on 457 visa. It is running from Jan 2016 to Jan 2020. Now I have been applied for 186 visa. After 186 how much time I need to work with my employer
Hi Manpreet Singh Mandair,
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I had a question Im 457 visa holder and i signed 3 years extention with my employer it seems like i need to stay 2 more years after i will get my PR, do i need to finish 2 years or i can resign after 6 months of my PR..thanks
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Hello VisaOne,
can you please leave me reply on this email, I appreciate very much!
Hi Roberta,
We have received your message although we see that you didn’t leave an enquiry. Should you have a specific issue that maybe we can help you with, you can email us directly at solutions@old.visaone.com.au.
Hello,
Please I need advice in following: can person be deported with visa 186 if does not work excellent. I have heard that one has been deported after few days of working because some inspector claimed that he does not work good (though he is experienced in that job for more than 8 years!). It is something like work inspectors. I am affraid to be deported because I have just basic skill. Can somebody really come to inspect me how I work and then deport me I decided so?
Thank you so much! Roberto
Hi Roberto,
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great company and easy to deal with. Uri helped with my questions over the phone and gave me honest feedback. would recommend highly
Thank you Richard!
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