Muzz Posted September 4, 2019 Report Share Posted September 4, 2019 Hi guys, I am finally getting my employer to proceed with the ENS 186 PR visa. I've received a letter from them stating that I will need to agree to a 2 year "lock-in" period where if I leave within that time, I will need to pay back the full visa amounts to the business. They have made out that this is a requirement from the DIBP but I can't find any info on this online. Is this actually required by DIBP or are they getting sneaky and trying to lock me in? Quote Link to comment Share on other sites More sharing options...
SD_MOA Posted September 4, 2019 Report Share Posted September 4, 2019 Hello Muzz, DHA expect you to make a 'reasonable effort' to work for your nominating employer for at least 2 years. The SC186 visa has no conditions on it that enforce this expectation. Also the sponsoring employer needs to be careful when it comes to attempting to recover costs associated with the the nomination and visa as depending on the circumstances this could be prohibited by Sections 245AR and 245AS of the Immigration Act. How hard you want to push back is up to you.... Regards Quote Link to comment Share on other sites More sharing options...
Muzz Posted September 4, 2019 Author Report Share Posted September 4, 2019 14 hours ago, SD_MOA said: Hello Muzz, DHA expect you to make a 'reasonable effort' to work for your nominating employer for at least 2 years. The SC186 visa has no conditions on it that enforce this expectation. Also the sponsoring employer needs to be careful when it comes to attempting to recover costs associated with the the nomination and visa as depending on the circumstances this could be prohibited by Sections 245AR and 245AS of the Immigration Act. How hard you want to push back is up to you.... Regards Thanks for the info. I have been employed with them for close to 3 years now, so would that be seen as part of the "reasonable effort" you speak of, or only after the PR has been granted? Quote Link to comment Share on other sites More sharing options...
SD_MOA Posted September 13, 2019 Report Share Posted September 13, 2019 Hello Muzz, The 'reasonable effort' only starts after the PR visa grant. Regards Quote Link to comment Share on other sites More sharing options...
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