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Discussion Starter · #1 ·
Hi,

I am in a huge dilemma as of now about what step should I take forward!

I already have NSW SS (Subclass 190) visa for Australia. Now I am getting a job but in Victoria. The employer is ready to apply for Subclass 457 visa, so I can work in Melbourne but I have lots of confusion now as following:

• In case, I get temporary work visa 457, then what happens to my PR? (Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - "No Further Stay") According to this link, there is nothing in my current visa that can prevent to apply for second type of visa.
• If I do a first entry in Sydney before the last date and I work in Melbourne, let’s say for 6 months then would it make any problem? I am ready to start 2 years stay that is my commitment towards NSW state after I complete my Melbourne contract.
• If I do so, then will it make any problem while applying for citizenship after 4 years?

Seniors and experts, kindly let me know your views on this.

Thanks & Regards,
K
 
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Any visa you are granted cancels the previous. DO NOT apply for any visa you dont need. Drop NSW an email explaining about the job offer and they may oblige in saying you can abandon your obligation to them but they do not have to, especially if you have not even lived in the state yet. They may withdraw their support and let DIBP know.

Why were you applying for jobs in Vic knowing you had an agreement with NSW?
 

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If you have been already granted a 190 visa, you can live and work anywhere in Australia. You don't have to inform NSW and you don't need to apply for any other visa. Call (DIAC) or NSW if you want to be sure and ask them, they will tell you that there is no condition on your visa that would keep you from living in Victoria. Don't make a mistake of not taking a good job offer without consulting the official source and just based on someone else opinions.

_shel said:
They may withdraw their support and let DIBP know. Why were you applying for jobs in Vic knowing you had an agreement with NSW?
I really think that as a moderator you should always make sure you check your facts before posting them. People here trust your replies.
Obviously, the state can not withdrew their sponsorship after the visa was granted. States governments have nothing to do with visas, they can only nominate people and DIAC decides who is gets it and only they can cancel it.
 

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Discussion Starter · #4 ·
Thanks...

Thanks to shell and JoannaAch for your responses! I am glad for these replies.

@Shel: Thanks for your reply. I am yet to land in Sydney. Actually I was not applying for jobs in Victoria but I got a call from a recruiter saying we have an opening in Melbourne, Australia; as the kind of experience/profile they need is very rare and it matched my profile. Hence they are offering me visa and everything else with good package too. I thought to grab it if I can hold 2 visas then I won't have to find jobs after landing in Sydney. But unfortunately I was so wrong, that I can't hold 2 visas at the same time.

@JoannaAch: Thanks for your response. Basically Subclass 189 visa allows visa holder to live and work anywhere in Australia whereas Subclass 190 - State Sponsored - visa mandates visa holder to work in that state for at least 2 years. That's a commitment candidate makes before they grant visa.
 
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Obviously, the state can not withdrew their sponsorship after the visa was granted. States governments have nothing to do with visas, they can only nominate people and DIAC decides who is gets it and only they can cancel it.
Check my facts! Maybe you need to check your own.

I have seen people have visas withdrawn a year after grant for providing false information during the immigration process. Unless you failed to see it the statement about providing false or misleading information is on the bottom of almost every document and email you get and need when applying.

You seem to think state Government has no contact with central and that DIBP are some all powerful entity that has nothing to do with and either with the power to do as it wishes and not follow the instructions of MPs and civil servants that govern the country and are members of both central and local Governments.
 

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kamalbamrah said:
Thanks to shell and JoannaAch for your responses! I am glad for these replies. @Shel: Thanks for your reply. I am yet to land in Sydney. Actually I was not applying for jobs in Victoria but I got a call from a recruiter saying we have an opening in Melbourne, Australia; as the kind of experience/profile they need is very rare and it matched my profile. Hence they are offering me visa and everything else with good package too. I thought to grab it if I can hold 2 visas then I won't have to find jobs after landing in Sydney. But unfortunately I was so wrong, that I can't hold 2 visas at the same time. @JoannaAch: Thanks for your response. Basically Subclass 189 visa allows visa holder to live and work anywhere in Australia whereas Subclass 190 - State Sponsored - visa mandates visa holder to work in that state for at least 2 years. That's a commitment candidate makes before they grant visa.
Both 189 and 190 visas are permanent visas without any conditions as you can see on your grant letter. After the grant there is no difference between these two.
The obligation to live in a sponsoring state is moral, not legal. Call DIAC and that is what they will tell you.
If you want to be fair, just email NSW and inform that you want to move, they will probably release you from the commitment you made with the application.

_shel said:
Check my facts! Maybe you need to check your own. I have seen people have visas withdrawn a year after grant for providing false information during the immigration process. Unless you failed to see it the statement about providing false or misleading information is on the bottom of almost every document and email you get and need when applying. You seem to think state Government has no contact with central and that DIBP are some all powerful entity that has nothing to do with and either with the power to do as it wishes and not follow the instructions of MPs and civil servants that govern the country and are members of both central and local Governments.
Exactly, for providing wrong or misleading information. If the applicant wanted to move to the state at the time of the application, but changed his/her mind after moving (which might be even 4 years after visa grant), no wrong/fraudulent or misleading information was given. It's just the circumstances have changed.
 

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Both 189 and 190 visas are permanent visas without any conditions as you can see on your grant letter. After the grant there is no difference between these two.
The obligation to live in a sponsoring state is moral, not legal. Call DIAC and that is what they will tell you.
If you want to be fair, just email NSW and inform that you want to move, they will probably release you from the commitment you made with the application.



Exactly, for providing wrong or misleading information. If the applicant wanted to move to the state at the time of the application, but changed his/her mind after moving (which might be even 4 years after visa grant), no wrong/fraudulent or misleading information was given. It's just the circumstances have changed.
Agreed - there is a lot of misinformation on this forum about people having visas cancelled, being denied citizenship etc. for failing to meet their obligations to the state that sponsored them. And I have yet to see any concrete evidence to suggest that any of these so-called "facts" are indeed true.

That said, it's understandable that we wouldn't want to encourage people to shirk their residency obligations and, as a state-sponsored visa holder myself, I have no intention of doing so. But it seems like fear mongering when people post these stories about lost visa/citizenship consequences when there's no evidence to suggest that this is indeed true.

In the OP's case, there's not really much anything NSW can do. I'm sure if they were to write to the state to ask to be withdrawn from the requirement they would likely decline, but in the end, NSW cannot "withdraw" their state nomination (and by extension, the OP's PR visa) simply because they decided to take up another job in another state. I have gone through the documentation carefully (with a solicitor I might add) and there is absolutely nothing in there that states that you MUST meet the state residency requirement or face losing your visa.
 

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Hi Ozbound,

please please please help....I am too tensed.

I have received subclass 190 from VIC SS but currently living and working in NSW. I have full intention to move back to VIC and applying for jobs but no luck so far. I am on my third month of my visa.

1. Would i face any issues in the citizenship if I live in another state in subclass 190 ????
Because in the DIBP website its written that we need to fulfill all state obligations.

2. Have you seen cases of people doing this and getting AUS citizenship without any issues?

3. What should I write in the VIC surveys when they ask for address and workplace?
 
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