By Chang Min Park
Accredited Specialist in Immigration Law · Legal Practitioner Director of Park & Co Lawyers
“My 186 visa is permanent. Can I resign now?” It is a reasonable question, particularly where the workplace has changed or the employment relationship has deteriorated.
There is no useful universal answer that every immediate resignation is safe, or that every person who leaves within two years automatically loses permanent residence. The important questions concern the nomination, the information supporting the visa and what actually changed.
What the employer nominated
The Employer Nomination Scheme relies on an approved nomination and the relevant visa criteria. Regulation 5.19 contains requirements concerning the position, the employer’s business and employment arrangements.
For the ordinary Direct Entry and Temporary Residence Transition nomination pathways, the requirements include a genuine need for the person in the position and proposed full-time employment for at least two years, along with other requirements. The employer’s capacity to provide that employment matters too.
Those are substantive matters supporting nomination approval. They should not be reduced to a vague promise that a business will “sponsor you for permanent residence”. The applicable stream and any agreement arrangements need to be checked.
A genuine plan can change
A person may have intended to take or continue the nominated job, but later face redundancy, a business closure, a serious workplace problem or an unexpected family circumstance. Evidence of a later change is different from evidence that the proposed employment was never genuine.
This distinction is practical as well as legal. Keep the documents that show the original arrangements and what happened afterwards: the contract, commencement and payment records, communications, any restructuring announcement and the circumstances of resignation or termination.
For example, a closure announced after grant and a plan to leave formed before lodging are different factual situations. That does not decide either person’s case, but it shows why the timeline matters.
Permanent residence does not erase an application’s history
Permanent visas can be subject to cancellation powers where the statutory requirements for a particular power are met. The fact of resignation is not, by itself, a complete legal ground for cancellation. Nor does a permanent grant make incorrect answers or misleading representations harmless.
If Home Affairs raises concerns, identify the particular power and allegation. Incorrect-information issues, a disputed employment arrangement and other cancellation grounds require different analysis. Restrictions on particular cancellation powers must also be considered.
A response should address what was represented, whether it was accurate, the circumstances at the relevant times and why any later change occurred. A bare statement that “TRT applicants can leave immediately” does not answer those questions.
Check employment rights as a separate issue
Your employment contract, notice obligations and workplace rights also need attention. Immigration considerations should not be used as a reason to accept unlawful employment practices or to suggest that an employer personally controls the cancellation of your visa.
If there are safety, wage or other workplace concerns, keep evidence and obtain advice about both areas. The appropriate employment response and the immigration consequences may need to be assessed together.
What to have reviewed before resigning
- Your 186 visa stream, application and grant dates.
- The nomination, employment contract and the position represented in the application.
- Your actual duties, employment dates and payroll records.
- What changed, when it changed and any supporting communications.
- Any concern raised by the employer or Home Affairs, particularly a formal notice.
If you have already left, preserve the records now. Do not reconstruct an explanation by changing the original documents or asking an employer to backdate an agreement.
The useful legal question is not merely how many days have passed since grant. It is whether your particular arrangements and later events create an issue under an applicable provision, and how the genuine facts can be demonstrated.
Review your position before making a decision about leaving
Tell Park & Co Lawyers your 186 stream, grant date, employment history, what changed and what your application said about the position. If you have received a cancellation notice, include it and its deadline.
Enquire about your 186 visa and employment
Prefer email? enquiry@parkcolawyers.com
Submitting an enquiry does not create a solicitor–client relationship. Representation and fees are agreed separately.
Sources and further reading
- Home Affairs: Employer Nomination Scheme subclass 186
- Migration Regulations 1994: regulation 5.19 and subclass 186 criteria
- Migration Act 1958: information duties and cancellation powers
Sources checked on 11 October 2026. This article provides general information, not advice about an individual application. Check the law and official guidance applicable to your circumstances before acting.
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