If you are in Australia and are sponsored by an employer either temporarily or permanently, or you are considering applying for an employer sponsored visa, you need to know your rights – including whether or not your employer can have your visa revoked if you stop working for them.
Are you on a 457 visa?
If you are on a 457 Temporary Skilled (Work) visa and your employment with your sponsor comes to an end before planned, then your employer has to tell the Department of Immigration and Citizenship (DIAC) within 10 days of your employment ending.
Once your employment ends, you will have 28 days to do one of the following:
- Find another employer to sponsor you;
- Apply for another visa; or
- Make preparations to leave Australia
If you do not make any of the above arrangements, the Department is likely to cancel your visa.
If you are having issues with your employer and would like to leave, or think that you will be let go, and you want to stay in Australia, you should contact a Migration Agent for advice as soon as possible. Contact our Migration Team here.
Are you on a permanent Employer Sponsored visa?
Once you have been granted permanent residency under any visa subclass such as the 186/187 your employer cannot revoke your visa.
Your employer can, however, contact the Department if they have a concern that you provided fake documents to the Department with your application, or to report circumstances relevant to your employment. In particular, your employer may advise the Department if:
- You have not made an attempt to commence employment with them within 6 months of being granted the visa; or
- You have commenced employment but you have left the job before 2 years has passed and you did not make a genuine attempt to stay in the position for the two years.
If you are on a RSMS visa, the Department has the power to cancel your visa for one of the above two reasons.
For all visas, the Department has the power to investigate any claims of you providing fraudulent documents to the Department, and they may cancel your visa if it is found the claims are correct.