{"id":121,"date":"2026-10-30T09:00:00","date_gmt":"2026-10-29T23:00:00","guid":{"rendered":"https:\/\/immispecialist.com\/?p=121"},"modified":"2026-10-11T23:03:56","modified_gmt":"2026-10-11T13:03:56","slug":"leave-employer-after-subclass-186-visa-grant","status":"publish","type":"post","link":"https:\/\/immispecialist.com\/index.php\/2026\/10\/30\/leave-employer-after-subclass-186-visa-grant\/","title":{"rendered":"Can You Leave Your Employer After a Subclass 186 Visa Grant?"},"content":{"rendered":"

By Chang Min Park<\/a>
Accredited Specialist in Immigration Law \u00b7 Legal Practitioner Director of Park & Co Lawyers<\/p>\n

\u201cMy 186 visa is permanent. Can I resign now?\u201d It is a reasonable question, particularly where the workplace has changed or the employment relationship has deteriorated.<\/p>\n

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.<\/p>\n

What the employer nominated<\/h2>\n

The Employer Nomination Scheme relies on an approved nomination and the relevant visa criteria. Regulation 5.19 contains requirements concerning the position, the employer\u2019s business and employment arrangements.<\/p>\n

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\u2019s capacity to provide that employment matters too.<\/p>\n

Those are substantive matters supporting nomination approval. They should not be reduced to a vague promise that a business will \u201csponsor you for permanent residence\u201d. The applicable stream and any agreement arrangements need to be checked.<\/p>\n

A genuine plan can change<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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\u2019s case, but it shows why the timeline matters.<\/p>\n

Permanent residence does not erase an application\u2019s history<\/h2>\n

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.<\/p>\n

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.<\/p>\n

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 \u201cTRT applicants can leave immediately\u201d does not answer those questions.<\/p>\n

Check employment rights as a separate issue<\/h2>\n

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.<\/p>\n

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.<\/p>\n

What to have reviewed before resigning<\/h2>\n