Do You Need to Stay with Your Sponsoring Employer After Your Subclass 186 Visa Is Granted?
When a visa applicant is granted a Subclass 186 Employer Nomination Scheme (ENS) visa, one common question arises: Do you have to remain with the employer who sponsored you?
The short answer is no, once granted, the 186 visa provides permanent residency, and there is no ongoing legal requirement to continue employment with the sponsor. However, understanding the expectations and implications around this point is important.
What the 186 Visa Provides
A 186 visa grants permanent residency in Australia, allowing you to live, work and study indefinitely. According to the Department of Home Affairs, permanent residents are free to work in any occupation and for any employer. This means your right to remain in Australia is not dependent on the employer who nominated you under the ENS program.
You also gain access to permanent resident benefits, including travel rights (for up to five years from grant) and eligibility to apply for Australian citizenship once you meet residence requirements.
In short, after grant, your visa status is not tied to your sponsor but there are still important considerations to be aware of.
Why Some Believe You Must Stay with the same Employer
1. Nomination Commitments and Expectations
During the nomination stage, employers are required to show that a genuine, ongoing position exists and that they intend to employ you for at least two years after the visa grant. However, it is noted that this expectation often leads visa holders to believe they must remain with the employer for that entire period. Though, this expectation forms part of the nomination evidence, not a binding visa condition.
2. Integrity and Misrepresentation
If an applicant never intended to work for the sponsor or leaves immediately after visa grant, it may raise integrity concerns. Australian Migration Laws explain that providing false or misleading information during the nomination or visa process could lead to cancellation under the Migration Act 1958. Therefore, while the law does not compel you to stay, your intentions at the time of application should have been genuine.
3. Employment Contractual Obligations
Separate from migration law, your employment contract may include minimum service periods, notice requirements, or post-termination conditions. These are matters of employment law, not visa compliance, but breaching them can still have professional or legal consequences.
What to Consider Before Leaving
If you plan to change jobs after your 186-visa grant, review the following:
· Nomination details – Check what commitments were made in your employer’s nomination documents.
· Employment contract – Confirm any clauses related to minimum service or notice.
· Character and integrity – Avoid abrupt resignation if it contradicts the intentions stated during your application.
· No notification requirement – 186 visa holders do not need to inform the Department of Home Affairs when changing or ceasing employment. The visa remains valid regardless.
Conclusion
Once your Subclass 186 visa is granted, you become a permanent resident and are not legally required to continue working for your sponsoring employer. The visa provides the freedom to live and work anywhere in Australia, independent of your sponsor.
However, both the employer and the applicant are expected to have entered the nomination process in good faith, with a genuine intention for the employment to continue. Leaving your employer immediately or without a reasonable period of service may raise questions about your initial intentions, even though it is not a breach of visa conditions.
Before making any employment changes, review your contractual obligations and ensure that your decision aligns with the information provided in your visa and nomination applications.
