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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Leaving nominated occupation before visa granted (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/leaving-nominated-occupation-before-visa-granted-415842/)

Curtley Dec 29th 2006 9:29 am

Leaving nominated occupation before visa granted
 
Hi all

Apologies if this has been asked before, but I need some reassurance!

I am applying for a 136 non-modl visa (application received in Adelaide in October 2006) and am presently working in my nominated occupation. I meet all requirements on work experience, qualifications etc.

However, for various reasons I intend to leave my present job at the end of April 2007 and then to travel slowly over towards Australia (I have family dotted around the world and see this as an ideal opportunity to visit them) completing the move once the visa is (hopefully!) granted. In an ideal world I would have my visa by the end of April but realistically I know this is unlikely.

I know this is a risk but I would have been leaving this particular job even if I had no plans to emigrate.

What I wondered was whether you must be working in your nominated occupation only at the time of applying for your visa, or whether you must still be doing that job at the time of the visa being granted? I believe that it is the former but any advice would be much appreciated.

I also wondered whether the new address I provide to DIMA when I leave England must be my address where I am actually living at any given time (which would be likely to change regularly as I travel) or whether I can provide a single correspondence address in Malaysia which is where I will be when the visa is hopefully granted?

Thank you in advance for your help and Happy New Year.

Curtley

sush-jpn Dec 30th 2006 8:37 am

Re: Leaving nominated occupation before visa granted
 
HI!

As far as I've read & heard, there's no restriction regarding leaving your job after the lodgement of a PR application. If you were employed at the time of lodgement, there should be no problem!! :)

However, you'll have to notify ASPC of your change in circumstances (using the relevent form) once you have left your job.

Have a happy new year!!!

Sush-jpn

JAJ Dec 31st 2006 10:26 am

Re: Leaving nominated occupation before visa granted
 

Originally Posted by sush-jpn (Post 4236018)
HI!

As far as I've read & heard, there's no restriction regarding leaving your job after the lodgement of a PR application. If you were employed at the time of lodgement, there should be no problem!! :)

However, you'll have to notify ASPC of your change in circumstances (using the relevent form) once you have left your job.

It's not just a question of being "employed at time of lodgment". It's about meeting the work experience requirements *in full* at time of lodgement. Just "being employed" in itself won't do.

If work experience requirements are met at time of lodgement then this is acceptable to DIMA. HOWEVER, should the application be refused for some reason, leaving your job before visa grant may mean you cannot reapply. So be careful.

DIMA do need to know about you leaving your job in case they follow up on an employment reference. There is a regular supply of problems where they ring up an employer (or former employer) and the person answering the phone denies all knowledge of the visa applicant.

Curtley Dec 31st 2006 3:23 pm

Re: Leaving nominated occupation before visa granted
 

Originally Posted by JAJ (Post 4238137)
It's not just a question of being "employed at time of lodgment". It's about meeting the work experience requirements *in full* at time of lodgement. Just "being employed" in itself won't do.

If work experience requirements are met at time of lodgement then this is acceptable to DIMA. HOWEVER, should the application be refused for some reason, leaving your job before visa grant may mean you cannot reapply. So be careful.

DIMA do need to know about you leaving your job in case they follow up on an employment reference. There is a regular supply of problems where they ring up an employer (or former employer) and the person answering the phone denies all knowledge of the visa applicant.

Thank you for the replies.

I have checked the requirements and I do meet the full work experience requirements, having been in my present nominated occupation for the past 4.5 years so even if the worst happens and I have to reapply (fingers and toes crossed that I don't have to!) I have a small bit of leeway in meeting the employed in nominated occupation for at least 3 of the previous 4 years criteria.

I will be informing DIMA when I leave my present job. Luckily I will be leaving on very good terms with my employer and have done all I can to ease my leaving (have given double my contractual notice so that they can recruit my replacement and I can assist with work handover and I have been very open with them regarding my plans since the application was submitted) so I hope they won't deny all knowledge of me!

Thank you again for your help.

Curtley

JAJ Dec 31st 2006 5:24 pm

Re: Leaving nominated occupation before visa granted
 

Originally Posted by Curtley (Post 4238442)
I have checked the requirements and I do meet the full work experience requirements, having been in my present nominated occupation for the past 4.5 years so even if the worst happens and I have to reapply (fingers and toes crossed that I don't have to!) I have a small bit of leeway in meeting the employed in nominated occupation for at least 3 of the previous 4 years criteria.

That's the requirement for points. The basic requirements are different and just because you may meet the 3/4 year rule doesn't mean you will meet the basic requirements (explained in the Skilled Migration Booklet).

If basic requirements are not met then your application will be refused before they even *look* at the points test.

Curtley Jan 2nd 2007 9:00 am

Re: Leaving nominated occupation before visa granted
 

Originally Posted by JAJ (Post 4238646)
That's the requirement for points. The basic requirements are different and just because you may meet the 3/4 year rule doesn't mean you will meet the basic requirements (explained in the Skilled Migration Booklet).

If basic requirements are not met then your application will be refused before they even *look* at the points test.

Have double (triple!) checked all requirements and all of these are met. Checked them carefully before putting the application in in the first place but still paranoid I have missed something!

Thanks for all of your help.

suzimc Jan 5th 2007 11:09 pm

Re: Leaving nominated occupation before visa granted
 

Originally Posted by Curtley (Post 4241750)
Have double (triple!) checked all requirements and all of these are met. Checked them carefully before putting the application in in the first place but still paranoid I have missed something!

Thanks for all of your help.

I left my job shortly before we put our application in, as we moved temporarily to the US. I went over it with my agent as I was concerned too, but she reassured me that I was required to have worked for x of the past x years in that particular profession, in which case there was no requirement for me to still be working there when the application went in. As far as I understand it, these figures (x) change from skill to skill, however the requirements only apply up until the application goes in, so if you submit itbefore you leave for your travels and everything is A-ok at that point then you should be fine.

Also, if you are using an agent you can have their correspondence address as the main contact, thus overcoming any issues if you are moving around a bit. Not sure if that will help you or not...

Hope that makes some sense!
Suzi


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