mr.mrswest

Changes to employment in 187 visa

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    Hi guys we got our 187 visa in June last year, since then I've been offered a new job with better prospects and financially healthier for my family, but I have heard from others that I can't take it due to me not completing 2 years with employer or my visa will be cancelled? Is this true?

     

     

     

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    There are no conditions imposed on a subclass 187 visa that require the holder to work for the nominating employer, or at all - refer to your visa grant letter, but by changing employers you would be taking a considerable risk. The minister might take the view that you submitted false or misleading information about your intentions.

     

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    Has it changed recently @wrussell?

    This is from my visa grant. 

    Your Obligations

    You must meet the following obligations.

    •   commence employment within six months of arriving in Australia or within six months of the visa grant if they are already in Australia

    •   remain employed in the nominated position in the regional area for at least two years.

      Your visa may be cancelled if you do not comply with these obligations to complete the two year contract with the employer. If you have any enquiries regarding your obligations please contact 131 881 or write to: 

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    Here are the conditions thqt can be imposed on a 187:

    Conditions

    187.611

    If the applicant is outside Australia when the visa is granted:

    (a)  first entry must be made before the date specified by the Minister; and

    (b)  if the applicant satisfies the secondary criteria for the grant of the visa, condition 8515 may be imposed.  

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    No, only the use of the word condition. 

    If the minister believes that either the employer or the visa holder provided information that ws false or misleading: the role did not exist, the visa holder and/or the employer had no intention of complying with their sponsorship undertakings, or willfully failed to comply the visa can be cancelled, but this is not a breach of the visa consitions.

     

    Compare with the conditions imposed on a 457 visa:

    457.611

    (1)  For an applicant other than an applicant who seeks to satisfy the secondary criteria on the basis of being a member of the family unit of the primary applicant who has met the requirements of:

    (a)  subclause 457.223(8), as in force immediately before 23 March 2013; or

    (b)  subclause 457.223(9), as in force immediately before 24 November 2012;

    condition 8501.

    (2)  If the applicant satisfies the primary criteria, condition 8107 must be imposed.

    (3) Any 1 or more of conditions 8303, 8502, 8516, 8522, 8525 and 8526 may be imposed.

     

    8107

    (1)  If the visa is not a visa mentioned in subclause (3) or (4), and was granted to enable the holder to be employed in Australia, the holder must not:

    (a)  cease to be employed by the employer in relation to which the visa was granted; or

    (b)  work in a position or occupation inconsistent with the position or occupation in relation to which the visa was granted; or

    (c)  engage in work for another person or on the holder’s own account while undertaking the employment in relation to which the visa was granted.

    (2)  If the visa is not a visa mentioned in subclause (3) or (4), and subclause (1) does not apply, the holder must not:

    (a)  cease to undertake the activity in relation to which the visa was granted; or

    (b)  engage in an activity inconsistent with the activity in relation to which the visa was granted; or

    (c)  engage in work for another person or on the holder’s own account inconsistent with the activity in relation to which the visa was granted.

    (3)  If the visa is, or the last substantive visa held by the applicant was, a Subclass 457 (Temporary Work (Skilled)) visa that was granted on the basis that the holder met the requirements of subclause 457.223(2) or (4):

    (a)  the holder:

    (i)  must work only in the occupation listed in the most recently approved nomination for the holder; and

    (ii)  unless the circumstances in subclause (3A) apply:

    (A)  must work only for the party to a labour agreement or former party to a labour agreement who nominated the holder in the most recently approved nomination; or

    (B)  if the sponsor is, or was, a standard business sponsor who was lawfully operating a business in Australia at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor — must work only in a position in the business of the sponsor or an associated entity of the sponsor; or

    (C)  if the sponsor is or was a standard business sponsor who was not lawfully operating a business in Australia, and was lawfully operating a business outside Australia, at the time of the sponsor’s approval as a standard business sponsor, or at the time of the last approval of a variation to the sponsor’s term of approval as a standard business sponsor — must work only in a position in the business of the sponsor; and

    (aa)  subject to paragraph (c), the holder must:

    (i) if the holder was outside Australia when the visa was granted—commence work within 90 days after the holder’s arrival in Australia; and

    (ii) if the holder was in Australia when the visa was granted—commence work within 90 days after the holder’s visa was granted; and

    (b)  if the holder ceases employment — the period during which the holder ceases employment must not exceed 60 consecutive days; and

    (c)  if the holder is required to hold a licence, registration or membership that is mandatory to perform the occupation nominated in relation to the holder, in the location where the holder’s position is situated—the holder: 

    (i)  must hold the licence, registration or membership while the holder is performing the occupation; and

    (ii)  if the holder was outside Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s arrival in Australia; and

    (iii)  if the holder was in Australia when the visa was granted—the holder must hold that licence, registration or membership within 90 days after the holder’s visa was granted; and

    (iv)  must notify the Department, in writing as soon as practicable if an application for the licence, registration or membership is refused; and

    (v)  must comply with each condition or requirement to which the licence, registration or membership is subject; and

    (vi)  must not engage in work that is inconsistent with the licence, registration or membership, including any conditions or requirements to which the licence, registration or membership is subject; and

    (vii)  must notify the Department, in writing as soon as practicable if the licence, registration or membership ceases to be in force or is revoked or cancelled.

     

    and so on....

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