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I accepted a job offer (online) last September. The employer is in Australia and is willing to sponsor my work visa application. I submitted my visa application last October, and provided additional documents last November, but there is still no update about my application. In the application portal, the status of the application is "further assessment". I contacted Australian HomeAffairs they said I have provided all the documents, there is nothing I can do but wait at the moment.

This is so frustrating because I have waited more than 4 months for this visa. The problem is that I cannot see any hope in this case because the visa processing time can be "indefinite", I cannot see the "real process" of my visa application and I do not know if they will grant or refuse my visa application. I contacted the employer, they said they can change the commencement date once my visa is granted. I am very grateful that the employer is willing to do this and I would like to wait a bit longer for the visa. My question is, is it ok to kindly refuse the offer in my circumstance because of the visa problem? My employment with my current employer ends this month. My plan is looking for new job opportunity when I am waiting for the visa because the "visa thing" is uncertain. In the contract it says the resignation period is 3 months. Since I have not formally started yet, if I decline it, would it be "breach of contract"?

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    Visa processing times are not "indefinite". All of them end with either an approval or rejection. 4 months for a work visa is far from unknown. – DJClayworth Feb 26 '20 at 22:00
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    True. My point is that you don't know when they approve or reject it. It feels "indefinite". – JYY Feb 26 '20 at 22:38
  • Consider that you may be simply anxious about the wait rather then genuinely likely to be rejected. But a little extra wait may bring you years of highly-paid fulfilling employment. – DJClayworth Feb 26 '20 at 22:45
  • This should give you an idea as to the average wait time for the various immigration visas. If you provide everything they require in a timely manner and don't have any criminal nor medical issues, I'd expect your visa to fall within those estimates. – fubar Feb 27 '20 at 3:43
  • Why do you want to decline the offer? Are you currently unemployed and waiting so long to start is a problem? Something else? – Kat Feb 27 '20 at 21:19
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is it ok to kindly refuse the offer in my circumstance

You can, but remember that the company has spent resources and time on this, so you're not the only one that takes a loss.

Having said that, you need to support yourself/family, they will understand. Before doing that I suggest you discuss options including giving up the offer with the company.

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  • Yes, I understand it. I plan to look for new jobs while I am waiting for the visa. Do you suggest to discuss with the company now or till I find another job? – JYY Feb 26 '20 at 21:24
  • Now would be best, they will have professional people who have dealt with visa issues before and understand your problem. There are always options, and no one can blame you as visa is out of your control. – Kilisi Feb 26 '20 at 21:25
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With respect, this is your first Australian work visa. It is probably your employer's 20th. They undoubtedly know what to expect. Talk to your hiring manager or the HR people. Let them know your situation and ask for advice. Keep in touch with them.

Please, please, trust that they really want you. Trust that they'll help you through this.

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What do you gain by refusing the offer?

If you find another job you want to take in the meantime or your plans definitely change then by all means let them know. Otherwise, you may as well leave it open and see what happens.

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  • My employment with my current employer ends this month. My plan is looking for new job opportunity when I am waiting for the visa because the "visa thing" is uncertain. In the contract it says the resignation period is 3 months. Since I have not formally started yet, if I decline it, would it be "breach of contract"? – JYY Feb 26 '20 at 21:22
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    This is relevant information that should be in the original post. Please edit it in. – LokiRagnarok Feb 27 '20 at 8:51

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