Two years condition after getting residency through ENS (visa 186)

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now


21 July 2020

Sorry, I'm aware this must be a topic often discussed, but surprisingly, I couldn't find an existing thread tackling that question.
I recently got my residency through an ENS (subclass 186), and had to sign a paper with immigration lawyers at the start of the process clarifying the requirements for accessing it.

One of the conditions listed in the paper is that I have to stay two years with my current employer following the grant of my PR.

I really had the intention to stay. After all, they supported me in that process, and I'm grateful for this. However, I find myself very unhappy at work at the moment, and it is just impacted me mentally, and my overall life too much. Therefore I'd like to look for another job, but I'd like to clarify how valid that condition is.

I've talked to other residency holders, and they all told me it has no real legal value. But they're not legal professionals, so I'd rather have clarifications from professionals. I found that somewhat recent article discussing the topic: Staying With Your ENS Sponsor For Two Years - Australia Visa

While this is providing a few answers, I still had a few questions:
- Is this article still accurate and all the points valid?
- In relation to this issue regarding ENS employment, there is no legal obligation to inform the department if you leave your sponsoring employer. -> Is that still the case?
- When an employer feels used and abused in the ENS process by their employee, yes they quite often do tell the department [of immigration]. This does not mean the department takes any action to follow up with the employee. In fact in the last 20 years we have never seen or heard of that occurring. -> has anyone else heard of that event occurring?
- Any other comments on that article?
- Is there any other risk-apart from my employer being disappointed in my decision to leave-in not respecting that two years' period.

I appreciate any insights on this.

Thank you for your help!