# Visa 186 and 2 years commitment



## egauthier (Nov 3, 2014)

Hi

I've successfully obtained my 186 visa few months ago. 
I started on a 6 months contract with my employer while I was on a working holiday visa, followed by a 2 years sponsorship and then a 186 (6 months between application was lodged and approval).

I've read during lodgment (and immi's web site) that there is a commitment for the employee to stay 2 years in the same position. 

Is this a moral commitment or a legal commitment ? Do I risk losing my visa if I choose to quit my position ?

Thanks a lot


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## Jeremy Hooper (Jul 10, 2014)

No you don't. There is no legal requirement for you to stay with your sponsoring employer under the Employer Nomination Scheme.

Regards


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## Maggie-May24 (Jul 24, 2011)

It's a moral commitment, so you are not obligated to remain with them for 2 years and they aren't obligated to keep you for 2 years.


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## jowey (Mar 16, 2015)

*186 2 year commitment*



egauthier said:


> Hi
> 
> I've successfully obtained my 186 visa few months ago.
> I started on a 6 months contract with my employer while I was on a working holiday visa, followed by a 2 years sponsorship and then a 186 (6 months between application was lodged and approval).
> ...


Hi
Just wondering of you stayed the full 2 years or left sooner, I have a 186 and have done 18 months so far and really want to move on to the same job, new employer. I have heard that if my current sponsor wants to be awkward they can report me for leaving early and have me investigated which can possibly result in cancellation of my PR. Not sure I want to risk this although I didn't do anything fraudulent.
Thanks
Jo


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## jowey (Mar 16, 2015)

Jeremy Hooper said:


> No you don't. There is no legal requirement for you to stay with your sponsoring employer under the Employer Nomination Scheme.
> 
> Regards


Just wondering how sure you are that it won't be a drama to change employers on a 186 visa (I've done 18 months of 2 years) as I'm nervous about risking it but very unhappy with my current employer. I have an offer of the same job elsewhere. I know i have to advise immi if I don't do the 2 years and so does my employer. Thank you, Jo


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## Maggie-May24 (Jul 24, 2011)

There is no condition on a 186 visa that says you must remain with the nominating employer. You can leave with zero repercussions. If you were on a 187 visa it would be a different story.

You don't need to tell DIBP that you've left your employer as they won't care (because of the fact that there's no condition that says you need to remain for 2 years).


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## jowey (Mar 16, 2015)

Thank you. That's really reassuring. I believed the employer had to inform DIAC and so did I and that there would be an investigation into why I left before two years. The visa application includes a declaration that you intend to stay with the employer for two years but this isn't mentioned on the grant notice or VEVO system, and I appear to have no conditions attached to the visa. Useful to check, thanks again.


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## davidobrien (Nov 18, 2015)

Hi guys,

did you end up changing employers?

I am wondering the same. My employer offered to sponsor me on an 186, but what if I get an awesome offer somewhere else or think that some contracting here and there would be nice and somehow start thinking if I should go and try some self-employment?

I've read on some Migration Agent websites that upon lodgement you need to declare that you plan to stay for at least 2 years with your sponsoring employer. Is this still true?

Cheers
David


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## Maggie-May24 (Jul 24, 2011)

In your application, you do declare your intention to remain with your employer for 2 years. In their nomination, your employer declares their intention to continue your employment for 2 years. Neither of these is legally binding however, so after your visa is granted, there's no obligation on either part to continue the employment arrangement. Just make sure that during the application process you continue your intention to remain there (i.e. it may look fraudulent if you're actively seeking other employment during the application process).


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