Can I Leave My Employer After Getting a 186 Visa?

Many skilled workers often ask this question:

Can I leave my employer after getting a 186 visa?

Yes, you can leave your employer after getting a 186 visa and it will not affect your permanent residency unless you have submitted bogus information or fraudulent documents. 

So, what are the circumstances under which you are allowed to change your employer on a 186 visa? Or what are the other options you can consider instead of changing an employer? To know all about these questions in detail, continue reading this blog post.

Can I Leave My Employer After Getting a 186 Visa?

There is no specific condition on the 186 visa that prevents you from leaving your employer. However, the authorities expect you to complete at least two years under your sponsoring employer.

Yes, you can leave your employer after getting subclass 186 (employer nominated visa), and if you leave you employer before the two-year period, you may face legal implications. Your employer may notify the Department of Home Affairs and then the Department will do further investigations in this case. If the Department notices any fraud or misrepresentation of events, there are chances that your visa will be cancelled.

However, if you present legitimate reasons why you are leaving your employer, the Department will consider your request. These reasons include the following: 

• If your employer is mistreated or exploited, you have the right to look for better employment conditions.
• If you receive a better job offer, it might be worth considering, especially if it aligns with your career goals.
• Sometimes personal or family circumstances demand a change in employment.

What are the Employment Conditions of a 186 Visa?

You have to follow certain visa conditions after getting the visa. These requirements include the following:

• Employment Requirements

Usually, you are required to work for your sponsoring employer for at least two years after visa grant. 

• Employer’s Obligations 

The employer must ensure that the position is genuine and that you are paid the market salary rate. Moreover, the employer must follow Australian workplace laws.

Things to Consider Before Leaving Your Employer

If you’re planning to leave your employer after getting a 186 visa, it’s important to follow these below-mentioned guidelines to make an informed decision:

Step 1: Understand Your Reasons

Think about reasons why you want to leave your current employer. Are the reasons related to job dissatisfaction, better opportunities, or personal circumstances? Understand them carefully and search for the optimal solution. If these issues are not solvable, then consider changing your employer. 

Step 2: Find New Job Opportunities

Find a new employer who is willing to hire you before leaving your current employer. Consider the current demands of your skills and occupation in the marketplace. If job opportunities are higher, then think about leaving your sponsoring employer.

Step 3: Seek Professional Assistance

If you have decided to change your employer on a 186 visa, it is best to consult with a migration lawyer. A migration consultant will provide you with customized solutions based on your specific conditions. They will make you aware of the potential sequences of leaving an employer or if you are eligible enough to avail other options.

Contact us now and get customized solutions to your problems.

What Will Happen If I Leave My Employer After Getting a 186 Visa? 

Leaving your employer after getting a 186 visa can have several consequences. These issues are discussed below:

1. Risk of Visa Cancellation

If the Department suspects that you have submitted fraudulent documents or provided misleading information, there are chances that they will cancel your visa. If your employer reports your departure, the Department may investigate to ensure that the visa conditions were met. 

2. Difficulty in Finding New Job

You might need to find another job soon if you are leaving your current employer. This can be difficult, particularly if you work in a specialised profession or if there are limited job opportunities in your area.

3. Impact on Future Visa Applications

Leaving your employer early could potentially impact future visa applications. The Department of Home Affairs may scrutinize your application history more closely. It could affect your chances of obtaining other visas.

4. Other Options to Consider 

It is better to work at least two years under your sponsoring employer. However, if you’re facing challenges, consider these alternative options first and then take a step.

5. Communicate with your employer.

Communicate with your employer about the issues you’re facing. They may be willing to make adjustments to your role, working conditions, or other aspects of your employment to address your concerns.

What are the Alternative visa options if you leave your employer?

If you need to leave your employer but want to stay in Australia, consider applying for these visas:

• Temporary Skills Shortage Visa (Subclass 482)
• Skilled Independent Visa (subclass 189) 
• Skilled Nominated Visa (subclass 190).

Final Thoughts

Leaving your employer after getting a 186 visa is a significant decision that requires careful consideration. Although it is legally possible to leave your employer, you may have to face potential consequences. So, it’s important to understand the reasons and prepare to defend yourself in front of immigration authorities. 

If you are looking for professional help, contact us at The Migration. We offer authentic visa consultation services, covering various aspects of the Australian immigration process. Therefore, schedule an appointment now and allow us to help you through this process.