CAN AN EMPLOYEE LEAVE AFTER BEING GRANTED PR?

The 186 visa allows skilled workers, who are nominated by their employer, live and work in Australia permanently. With this visa, the Department expects the applicant to work for the nominating employer for at least 2 years. The employment contract provided must also state that the job position is available to the applicant for at least two years. While the employment contract is binding on the applicant and employer, standard employment rules are applicable, and both the employer and employee have the right to terminate the employment contract.

As such, it is possible for the applicant to leave employment with the sponsor without the Department cancelling or revoking the visa. Similarly,  it is not a requirement that your sponsor employs you for two years. Therefore, after the visa is granted, if you or your employer’s situation changes, the Department would not penalise you for it however, the Department retains its discretion to revoke or cancel the subclass 186 visa if you provide incorrect and misleading information to the Department or you have not made a genuine effort to work in the role. The employer may also be sanctioned if the department is of the view that the application was not genuine.

Unlike the 186 visa, the 482 visa is a temporary visa. According to condition 8607, the applicant must be employed in the nominated occupation in the sponsoring business or an associated entity. As such, the Department requires an applicant to remain with the employer to maintain their visa status. However, if the applicant would like to work with a new employer, they are required to have a new approved nomination application. Therefore, it is important for all 482 visa holders to consider consequences before leaving their sponsor as failure to comply with visa conditions can lead to consequences.

Similar to the 482 visa, the Department also has strict rules which regulate who the applicant can work for on the 494 visa. The 494 visa usually has a condition which states that the applicant must be employed to work in the nominated occupation and in a position within the sponsoring business or an associated entity of that business, located in a designated regional area of Australia.

Written by Ross Ahmadzai

28 Aug, 2023

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