# 187 visa wanting to leave employee.



## PaddyG (Jun 22, 2016)

Hi everyone 

I'm seeking advise...I'm currently on a RSMS 187 visa I have been with the farm for just over 3 years but only 1 year into my 2 year contract. 

I was just after some advise if I was to leave the farm would this cancel my pr? If I was to leave this farm would I be able to finish my final year on another farm? And if you can finish on a difference farm/employee would this have to be in the same regional area that my visa was approved in? 

Many thanks in advance


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## CCMS (Oct 10, 2013)

PaddyG said:


> Hi everyone
> 
> I'm seeking advise...I'm currently on a RSMS 187 visa I have been with the farm for just over 3 years but only 1 year into my 2 year contract.
> 
> ...


There is no definite answer on this. You'd have to have some acceptable reason to leave your sponsor before the 2 years are up, so there is always a risk that your reasons for leaving are not accepted.

If you did leave, remaining in the same position in a regional area is definitely recommended.

My advice would be to stay put,unless you have some very good reasons for leaving. Once the 2 years are up, you can do what you like.

_We may seek to cancel this visa if you begin employment but do not remain in the position for the full two years.If this happens, you will have a chance to explain, in writing, why your visa should not be cancelled_.


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## malisop (Apr 4, 2017)

Hi CCMS, 

My 187 visa was granted last feb 2017 and after that things are changed and my employer wants to terminate my employment with them probably this month. Do I lose my visa once they terminate my employment. Thanks in advance for your support.


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## CCMS (Oct 10, 2013)

malisop said:


> Hi CCMS,
> 
> My 187 visa was granted last feb 2017 and after that things are changed and my employer wants to terminate my employment with them probably this month. Do I lose my visa once they terminate my employment. Thanks in advance for your support.


This is obviously a situation outside your control, so you should be ok. Make sure you record all the details of what is going on, so you can show that you made every effort to remain in your employment and ensure that you get your dismissal in writing. I also suggest that you try and continue to work in your nominated position in a regional area until the 2 years are up.


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## malisop (Apr 4, 2017)

Thanks for your reply. I will keep you posted about my situation.


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## Moonhill45 (May 3, 2017)

*187 wanted to leave employer*

I've been here in Australia for the last 5 years with the same company...PR RSMS visa 187 was granted in 2015 and I'm in my 22 month for the required 2 years to stay with my sponsor...the problem is I'm thinking of quitting my job for I can no longer take the work condition that most of the time specially at night when we close the restaurant..it's just me who do all the task[i.e. dishes, floors and paperworks]..being by yourself is quite hard but I was able to do it until now...I was with the gp and said it's fatigue and stress and suggested to get some time off from work..which I did..now...I don't want to go back to work anymore after my leave expires..would that be in jeopardy of my 187 requirement?..or would it show that I have the genuine effort to stay for 24 months but just couldn't after 22months?...another is that being in the hospitality, the 38 hours per week is not happening..it's been 50 to 60 hours per week and get paid 38 hours just the same, being hired as a salary position...need some advice please.


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## malisop (Apr 4, 2017)

Hi CCMS, 

My manager called me and suggested that I should resign before they terminate my employment. I don't know what to do he said that I have to think about it.


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## CCMS (Oct 10, 2013)

malisop said:


> Hi CCMS,
> 
> My manager called me and suggested that I should resign before they terminate my employment. I don't know what to do he said that I have to think about it.


I strongly advise you not to resign. If they are going to lay you off, they must give proper notice in writing, provide a separation certificate and pay out any entitlements. Go and see Fair Work for assistance about your rights. If you resign, it may go against you with Immigration as well.


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## Moonhill45 (May 3, 2017)

I'm pretty much on the same boat..I did my 22 month now of the 24 months period for a 187 pr holder...I think I can not finish the 24 and I'm going to resign my post...would that be advisable to leave at this stage?


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## CCMS (Oct 10, 2013)

Moonhill45 said:


> I'm pretty much on the same boat..I did my 22 month now of the 24 months period for a 187 pr holder...I think I can not finish the 24 and I'm going to resign my post...would that be advisable to leave at this stage?


I would advise you NOT to resign. Being made redundant is out of your control, resigning is not.


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## Moonhill45 (May 3, 2017)

I'm keen on leaving although it's not advisable but I have to take my chances.. I suppose...the thing is for I can no longer believe I can do the job that I signed for...I'm not leaving the regional area where I work..I'll just find another work where I could have peace of mind..I still have to pay my mortgage and car loan...


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## CCMS (Oct 10, 2013)

Moonhill45 said:


> I'm keen on leaving although it's not advisable but I have to take my chances.. I suppose...the thing is for I can no longer believe I can do the job that I signed for...I'm not leaving the regional area where I work..I'll just find another work where I could have peace of mind..I still have to pay my mortgage and car loan...


Why not wait another couple of months to avoid any potential hassles in the future? Once the 2 years are up you can do what you like. Is there any annual leave you could use up?


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## Moonhill45 (May 3, 2017)

I've used up my annual leave already..been sick for the last week..diagnose with fatigue and stress according to gp..did my pathology test just to make sure but everything's seems okay...it's just that I think I had it and the only solution for the situation is to leave.....


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## CCMS (Oct 10, 2013)

Moonhill45 said:


> I've used up my annual leave already..been sick for the last week..diagnose with fatigue and stress according to gp..did my pathology test just to make sure but everything's seems okay...it's just that I think I had it and the only solution for the situation is to leave.....


I strongly advise you to stick it out for the remaining 2 months and live without any worries ever after. If you really decide to leave, make sure to collect plenty of evidence showing why your position has become untenable. But really, why bother with all that hassle ? Two months is not that long and you will be free to do as you please afterwards. People not completing the 2 years while on RSMS have been caught out years later when applying for citizenship. You really should take the long-term view.


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## Moonhill45 (May 3, 2017)

Yeah...I think I might do that..what's 2mmonths anyway..just stick it out and hang in there...anyways I did 22 months...why not 2 months more..thanks for the advice..will update you's on what happens...cheers!


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## CCMS (Oct 10, 2013)

Moonhill45 said:


> Yeah...I think I might do that..what's 2mmonths anyway..just stick it out and hang in there...anyways I did 22 months...why not 2 months more..thanks for the advice..will update you's on what happens...cheers!


I think that is the right decision. That way you will have fulfilled your obligations and you can go wherever you want without having to worry about any future repercussions.


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## malisop (Apr 4, 2017)

Hi CCMS, 

They have already terminated my employment earlier. They also gave me termination paper saying "Notice of termination of employment" and they said that they will give me all my entitlements this coming payday. I am just waiting for it.

Thanks for your help. As of now I dont know if they contacted immigration but they told me that they will inform immigration that they have terminated my employment.


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## Tariqul11 (Jul 11, 2017)

My company gone to voluntary administration last month also I got my pr may 2017. 
I m working with this company 2015 November. Can I leave?


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## malisop (Apr 4, 2017)

Hi CCMS,
My company terminated my employment and they give me termination paper. They also gave me all my benefits. I applied to another employer started working but it is very quiet so he told me find another job. Is it possible to work in other state? When can I start working for sydney or melbourne cause I get a lot of calls from company that is located in those area. Thanks in advance for your support.


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## CCMS (Oct 10, 2013)

malisop said:


> Hi CCMS,
> My company terminated my employment and they give me termination paper. They also gave me all my benefits. I applied to another employer started working but it is very quiet so he told me find another job. Is it possible to work in other state? When can I start working for sydney or melbourne cause I get a lot of calls from company that is located in those area. Thanks in advance for your support.


My advice would be to remain in a regional area until the 2 years are up. I can't add anything to my previous comments on this issue. You're basically trying to get someone to give you an answer that no one is able to give you.


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