Hi folks. In need of some advice regarding permanent residency visa obligations!
#1
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Joined: Jun 2020
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Hi folks. In need of some advice regarding permanent residency visa obligations!
Firstly, thanks for taking the time to read this request. To try and keep this short, I'm a British immigrant to Aus on a Permanent Residency (subclass 187) visa. The main stipulation in play here is that the visa is granted on the basis that I remain with my current (sponsoring) employer for 2 years after the visa grant date (Dec last year). I'm in Victoria.
The problem is that one of my bosses (the one I work with directly) is an emotionally unstable alcoholic. He has driven many staff away over the years, while others have just walked away of their own accord. I have stuck out my position in the workplace longer than any other remaining member of staff through good times and bad, but the situation has reared its ugly head again lately and my position is barely tenable any longer. It's taken such a toll on my mental health at various times over the last 5 years that, at almost 30 years old now, I don't feel that it's worth my integrity to put up with it any longer.
I have contacted my lawyer to see what she thinks of the situation, and she has kindly just reminded me of the black and whites of the situation, namely:
"If you leave your current employer within 2 years of the visa approval there is the potential that the Department will investigate (usually it would come to their notice if your employer contacts them). If the Department does investigate, you will need to provide compelling and/or compassionate reason which resulted in your inability to complete two years of services. For a cancellation to occur, the Department must be satisfied that you did not make a genuine effort to complete the 2 years.
If you are claiming workplace harassment/bullying, work-related stress or something similar which made it difficult for you to stay, if the Department decided to investigate, they would want to see evidence of your claim.
However, if you do decide to leave, I strongly suggest that you continue to work in a regional area as it may help with your response."
My question to you all is: is there anyone out there who has experience of a situation like this? Does anyone have any idea of what the actual likelihood is of the department of immi cancelling my visa if I do leave? Would it be more wise to write to them in advance of my intended resignation, or to not write to them at all?
Little lost. Any help is appreciated. Thank you.
The problem is that one of my bosses (the one I work with directly) is an emotionally unstable alcoholic. He has driven many staff away over the years, while others have just walked away of their own accord. I have stuck out my position in the workplace longer than any other remaining member of staff through good times and bad, but the situation has reared its ugly head again lately and my position is barely tenable any longer. It's taken such a toll on my mental health at various times over the last 5 years that, at almost 30 years old now, I don't feel that it's worth my integrity to put up with it any longer.
I have contacted my lawyer to see what she thinks of the situation, and she has kindly just reminded me of the black and whites of the situation, namely:
"If you leave your current employer within 2 years of the visa approval there is the potential that the Department will investigate (usually it would come to their notice if your employer contacts them). If the Department does investigate, you will need to provide compelling and/or compassionate reason which resulted in your inability to complete two years of services. For a cancellation to occur, the Department must be satisfied that you did not make a genuine effort to complete the 2 years.
If you are claiming workplace harassment/bullying, work-related stress or something similar which made it difficult for you to stay, if the Department decided to investigate, they would want to see evidence of your claim.
However, if you do decide to leave, I strongly suggest that you continue to work in a regional area as it may help with your response."
My question to you all is: is there anyone out there who has experience of a situation like this? Does anyone have any idea of what the actual likelihood is of the department of immi cancelling my visa if I do leave? Would it be more wise to write to them in advance of my intended resignation, or to not write to them at all?
Little lost. Any help is appreciated. Thank you.
#2
Re: Hi folks. In need of some advice regarding permanent residency visa obligati
If you are speaking to a registered migration agent then this is the best advice you will receive. Were you not working there prior to being granted a 187?