Having been on a 457 visa I got PR through my employer in Feb 2008. Working in the banking sector I'm somewhat apprehensive about my job at the moment. However I've been told by a friend that if an employer provides sponsorship for an employee the employer then has an obligation to provide employment for a period of 3 years from the date of sponsorship. My friend has been told that his employer will not sponsor him for PR (he is currently on a 457) as they do not want to bear that responsibility for 3 years.

Obviously if this was the case it would provide me with some comfort, for the time being.

Unfortunately I cannot find any reference to this in any of the relevant websites. Does anyone know if this is correct ??

Thanks
Col

This rings a bell as I was in a similar situation, but never followed it up as I changed emplyers soon after.

I am not sure that they have to actually guarantee they will employ you for 3 years as such, maybe more that they have an anticipated ongoing need for your position for the coming 3 years and intend to keep you on to fill it... Definately worth checking out with someone who has more detailed knowledge - maybe in the immigration forum?

Good luck

Take a read here. It says the position must be available for 3 years.

Thanks Dorothy. I'm not sure if that provides the additional security that I'd hoped - suitably vague and probably open to interpretation !

Cheers
Col

Yeah, it says the position has to be open for 3 years but it doesn't say open to you. Check your karma.

I think you might find that a ruling from DIAC in regards to the 3 years for ENS and 2 years for RSMS does allow the employer to terminate earlier an employment contract and thereby visa sponsorship through the normal reasons such as redundancy, unsatisfactory work performance, etc.

This may then leave the employee needing to contact DIAC and each case may be treated on its own merits.

Wayne Harrison
Australian Registered Migration Agent
MARA Number 0955519

Thanks folks. I also spoke with the agent who handled our PR and he advises that the 3 year thing relates to the employers intention at the point of the application. Therefore this is not a binding requirement and does allow the employer to terminate the role if circumstances require it.

Shame, worth a try I guess.

Cheers
Col