What will happen if I leave my employer during 187 visa?
Estimated reading time: 3 minutes
The subclass 187 visa is for skilled workers who like to work and live in Australia. The approved employers can nominate overseas skilled workers to come, stay and work in Australia permanently. That being said, to avail of this visa, an approved employer must nominate you, to work in regional Australia, for at least 2 years. Now the question may arise, “Can I leave my employer or sponsor after I receive the visa?” The answer is “it depends” on certain conditions. So, if you are thinking to leave your sponsor and are not sure about the consequences, please read on. We one of our registered migration agents Sydney have given some advice regarding the possible consequences of leaving your sponsor during a 187 visa.
Table of Contents
Conditions of 187 visa subclass
This subclass of visa has two separate streams;
– Direct Entry Stream
– Temporary Residence Transition Stream
Depending upon the streams, you will have to fulfil certain conditions.
You must:
- Direct Entry Stream:
– Have an eligible occupation
– Be nominated by an approved Australian employer
– Have proper licence, registration, or membership
– Meet the English language requirements
– Have a positive skills assessment
– Must be under 45 years of age at the time of applying
– Have relevant work experience
- Temporary Residence Transition Stream:
– Have the required skills
– Be nominated by the employer who sponsored your temporary work visa
– Have proper licence, registration, or membership
– Must be under 45 years of age at the time of applying
– Meet the English language requirements
Visa obligations under 187 subclass
Obligations do employee have under sponsor visa
If you apply for an employer sponsored visa
- You must work for your sponsoring employer in regional Australia for at least 2 years.
- You must begin your employment within 6 months after the Department approves your nomination
The obligation does the sponsor have under this contract
The sponsor must:
– Pay market salary rates to the sponsored workers
– Ensure your employee works only in the nominated occupation
– Offer a skilled position for at least two years
– Have the genuine need to employ an overseas worker to fill a skilled position
Employee rights under a sponsored visa
The Fair Work Ombudsman (FWO) protects all employees working in Australia. As an employee on sponsored visa, you have the rights to:
– Approach the FWO for any support, like workplace exploitations
– Seek the help of FWO, even if you breach your work-related visa conditions
– Seek assistance from FWO, if your employer threatens to cancel your work visa
– Your visa cannot get cancelled by your sponsoring employer
What are the consequences of leaving your sponsor during a 187 visa?
The employment contract may bind you and your employer. Therefore, it is likely that the Department will revoke or cancel your visa if you decide to leave your employer during a 187 visa. Also, if your employer fails to provide you with your ongoing employment role, before the completion of 2 years, you can approach the FWO. Here you must know that your employer has no right to cancel your visa. Only the Department can grant, refuse or cancel visas. However, it is always advisable to seek professional advice.
How can a migration lawyer help?
In conclusion, the Department is likely to revoke your visa status if you leave your employer before the stipulated time. Nonetheless, you can seek assistance from a registered migration lawyer, if you face any workplace exploitation. That being said, Australian Visa Lawyer can help you through the applications, visa options, and other documentation to retain your current visa status.
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