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Can I leave my sponsor after my ENS has been granted?
Old 7th July 2012, 01:00 PM   #1
Wonderful Sydney
Join Date: Jul 2012
Location: NSW
Posts: 1
Default Can I leave my sponsor after my ENS has been granted?

I got my ENS permanent visa granted in June and it's now one month. I got a really good offer and I want to leave my sponsor. There is no contract saying that I have to work continuously for the employer. However, when I signed the immigration application form, it said "I agree to work for my the sponsor for 3 years".

I called immigration department, one said I can leave the job as there is no obligation. The other one said if I change job, I have to notify immigration department. Could you please advise?

Thank you.
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Old 7th July 2012, 08:10 PM   #2
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Join Date: Jan 2010
Location: Cairns
Posts: 1,073
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648

I believe you can, but it would depend on a number of factors if there would be any consequences (e.g. if incorrect information has been provided in the application or conditions in your employment contract).

Even though you gave a commitment that you intended to stay with the employer, in reality you cannot be bound to stay and technically you could have left after day one.

I don't know your circumstances, but your employer might of course think twice before he sponsors anyone else, which may disadvantage other potential immigrants. Personally I think you should consider both legal and moral issues.

Maybe you should try and negotiate with your current employer before giving him the flick and give him the opportunity to retain your services.He is the one who provided you with the opportunity to move here in the first place after all. But that's just my personal opinion of course.
Nick van Voorst
Registered Migration Agent 0640648



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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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