Leaving your job while on a 187 Visa
What if you lose or quit your job on an Employer Sponsored RSMS (187) Visa?
If you work in Australia through an employer sponsored RSMS (187) visa, you might want to reconsider quitting your job. This is because you need to meet certain conditions in the cancellation provision before you can walk away from your current employment.
What is an RSMS 187 visa?
The Regional Sponsored Migration Scheme (RSMS) Subclass 187 visa provides skilled workers an opportunity to work and become a permanent resident in Australia.
A worker must be sponsored by an approved employer in regional Australia, which is anywhere outside Brisbane, Gold Coast, Newcastle, Melbourne, Perth metro area, Sydney, and Wollongong.
Two conditions attached to an RSMS
- Employment under the sponsoring employer is fixed within a specified timeframe
- An employee must work under a sponsoring employer for at least two years after visa grant
If you hold an RSMS, you need to start working for the sponsoring employer within 6 months after your visa is approved. Otherwise, your employer will inform Immigration about your no-show which will have a negative impact on your future employment plans.
Even if an employer will not say anything, there is still a possibility that information about your failure to start working within the specified time frame will surface through other agencies, such ATO and Centrelink.
As for the two-year employment period from the date of visa approval, quitting your job ahead of time could mean a cancellation of your permanent residency obtained through RSMS.
Could being the operative word because the Department of Immigration and Border Protection (DIBP) will only take the next step after investigating what led to the cessation of employment.
If you had no intention of working for the sponsoring employer for at least 2 years, you should not have committed to the two-year minimum requirement.
During visa processing, you are required to declare your commitment to work the minimum period for the sponsoring employer. If you quit your job before the two years are up, you will face the consequences.
You must have a valid reason to leave your job and still retain your visa.
Quitting your job because your boss is annoying or that you are bored is not one of them. The same is true for any situation you created to get yourself fired or for your employment to be terminated.
However, if the business shuts down or there is a shortage of work, DIBP may not cancel your visa as it is no fault of your own that you were unable to continue working for the sponsoring employer.
If the above is of relevance to you it is advisable that you seek out support and advice from a registered MARA approved Migration Agent. The team at Overseas Emigration will be more than happy to discuss your options.