Changing employers

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  1. #1

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    Changing employers

    I have a work visa with one company and I am under contract for one year, so I am not supposed to leave the company. However, recently I was offered a position at another company and I want to take it. Can I just explain to my current employer that I have a family emergency back home and need to leave? Will I be given sometime with the visa to transfer it to the new employer? I am in desperate need of advice.


  2. #2

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    Do not lie to your current employer; it may come back and bite you.

    What does your contract say about notice or compensation in lieu of notice?


  3. #3

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    Your new employer needs to apply for your new work visa.
    You will have to resign from your current employer which strangely enough is quite a common thing to do and the correct way to exit your contract rather than telling lies. What is your notice period?

    Last edited by Load Toad; 06-11-2009 at 01:51 PM. Reason: Cos PDLM is full of informassi!

  4. #4

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    You can only work for the employer that sponsored your visa. When you have left your current employer you can then apply for a transfer of sponsorship to your new employer. You may not start working for the new employer unless and until this transfer is granted. The transfer application is similar to the initial application in that the new employer has to justify to ImmD's satisfaction why they can't find a Permanent Resident for the role. If the new employer is known to ImmD and has employed expats before then the process may only take 2-3 weeks, but if they haven't then it could take 4-6 or even more if ImmD requires supplementary information.

    So there's a risk in doing this that the transfer of sponsorship won't be granted. The first thing you have to do is resign your current job and then it would be extremely hard to go back obviously.


  5. #5

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    it would be extremely hard to go back obviously.
    It'd be funny though.

  6. #6

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    The best advice is never to lie to even a soon-to-be former employer. If the new employer calls a service like the one I am with that is one of the questions we ask - what were the reasons for leaving? We ask this twice for the same employer. Once of the referee and second of the HR department and the applicant has also entered it on the consent form. It does pay generally to be honest.

    If you say family emergency, this might concern the new employer that you'd do the same to them and if they are not too far into the hiring process you might find that harm your offer.

    It is odd that you'd be breaking a one-year contract unless you are not sure they will renew it.

    There is absolutely nothing wrong with saying that you have found a better position and one that you are concerned won't be easily obtained if you wait.


  7. #7

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    I do not have a notice period with my current employer. I am not supposed to leave the contract unless we meet a mutual agreement. That is why I thought it would be better to say that I have a family emergency back home and need to leave.


  8. #8

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    Presumably if you simply leave without agreement simply for another job then your current employer could sue you for breach of contract. It seems to me that they would have a reasonable case for recovering the costs of recruiting your replacement and any lost income resulting from your breach of contract before they were able to replace you.

    If you weren't able to commit for one year then you shouldn't have signed the contract!


  9. #9

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    Have you talked to the Labour Dept?


  10. #10

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    Why would they be interested?


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