# Loosing job while awaiting residency



## jsharbuck (Jul 26, 2012)

Just curious what happens if you are awaiting residency and you are laid off ? We just got here on a 30 mth working visa which directs that my husband is able to work for his current employer. Being that he is a specialized engineer, 180 pts on the EOI, can he look for another employer. We don't want to return to the US. Anyone go through this? Would love to hear what our right to stay and work are.


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## topcat83 (Apr 16, 2009)

I believe that as long as you can find another employer that Immigration are happy with then you are OK. But I'd check with Immigration.
I say this because one of our friends didn't get made redundant but found he hated the company he was with. So he found another one, then Immigration update his work visa accordingly.
I might add he's still here 6 years later, and now has his residency.


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## jsharbuck (Jul 26, 2012)

Thanks we will check if this need arises. Would hate to be here and have to leave!!


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## desi_aussie (Jul 7, 2012)

jsharbuck said:


> Just curious what happens if you are awaiting residency and you are laid off ? We just got here on a 30 mth working visa which directs that my husband is able to work for his current employer. Being that he is a specialized engineer, 180 pts on the EOI, can he look for another employer. We don't want to return to the US. Anyone go through this? Would love to hear what our right to stay and work are.


I couldnt get your circumstances correctly.

Which kind of visa are you on --- WTR or SMC ?

Because you mentioned 180 points on EOI - which could be SMC skilled migration visa with job offer when you applied. In such case condition may be to work for the said employer only for 3 initial months. But you have to apply for this condition to be lifted from visa condition after you fulfil this.

If it was WTR - work to residence - based on job offer for more than 2 years from the same employer, then discussion changes.


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## jsharbuck (Jul 26, 2012)

We have a 30 mth work visa for the current employer. If we had another job offer could we stay . Sure hope it doesn't come to that. Also my work visa allows me to work for any employer. Could we stay if I was working until residency?


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## toadsurfer (Nov 27, 2009)

If its an accredited employer visa you can find another accredited employer and immigration will have to approve it. You can ask to work for another non accredited employer but immigration will have to approve and only after considering your and the employers' circumstances. My take on that is it is unlikely. 

You can find all this info and more on the immigration website.


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## desi_aussie (Jul 7, 2012)

jsharbuck said:


> We have a 30 mth work visa for the current employer. If we had another job offer could we stay


By the data you have shared I cant make out you got 30 Months visa under which category : WTR or SMC. Also you need to share what is the condition imposed on your visa u/s 49(1) that is the clue to your questions.

I am giving you links to study how these are different & figure out which one is yours.

Work to Residence : Residence from Work

SMC : Skilled Migrant Category


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