Expat Forum For People Moving Overseas And Living Abroad banner

1 - 12 of 12 Posts

·
Registered
Joined
·
8 Posts
Discussion Starter · #1 ·
Hi Guys,

I know this question have already been asked for number of time but just wanted to know the latest update on this.

I got NSW SS 190 Visa.. Now all my family moved to another state and I want to live with them because of moral support etc..

I've heard there's no DIBP restriction on 190 Visa to live and work in other state other than moral obligation etc... Does anyone know of any visa or citizenship issue one may face ?

Does anyone able to get a release from NSW state on the basis of employment or strong family ties ?

Immigration site mentions this on their page

Your obligations

You and your family must comply with all visa conditions and Australian laws.

Residential requirement

There could have been some residential conditions that were specified by the relevant state or territory government in your nomination. Contact the state or territory government for more information.

Thanks,
Sheikh
 

·
Registered
Joined
·
112 Posts
My agent told I can move out of the nominated state to another state the very next day I land in Oz. But there is a condition, that I should have a job offer/appointment letter of that particular state in my hand.

__________________________________________________ _ _______
Skilled - Subclass 190 | Developer Programmer - 261312

14/02/2015 - ACS App. Submitted
19/02/2015 - ACS +ve Outcome
01/05/2015 - IELTS Results (L-6, R-7, W-6.5, S-6 | Overall - 6.5)
08/05/2015 - EOI Submitted for NSW with 55 pts + 5 pts(State Nomination)

Next Steps (Hope)
XX/08/2015 - NSW Invite | :crutch:
XX/08/2015 - Application for NSW nomination submitted | :crutch:
XX/10/2015 - SkillSelect Invitation to apply for 190 visa | :crutch:
XX/10/2015 - 190 visa application to DIBP | :crutch:
XX/12/2015 - PCC | Health | Documents uploaded | :crutch:
XX/12/2015 - Case officer assigned
XX/12/2015 - Visa Grant | :crutch:
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #3 ·
Thanks for the Reply kaivalya..
Well that makes sense as Gov will be happy when you're paying Tax, no matter in which state.. but can you confirm with your agent if there's a formal process of getting a release from the state officially based on the offer letter or family ties ? I mean do I need to request NSW for the release and must only move if they accept it ?
Does anyone actually gets a NSW state release?

Thanks,
Hasan
 

·
Registered
Joined
·
2,949 Posts
The 190 visa has no conditions that require you to live or work in the state that nominated you. That's a moral commitment you made with the state, but it's not a legal condition on the visa.
 

·
Registered
Joined
·
3,427 Posts

IF you are unable to secure a job in your Nominated Occupation code THEN you have to inform this to your STATE/CO along-with proof of Job search and interview results IF any.


THEN based on their reply take next steps.


People have been able to move out of their Nominated State after doing this.


Read this thread for more details on this...Jumping states & other stuff


MOREOVER, as Maggie-May24 rightly said "That's a moral commitment you made with the state, but it's not a legal condition on the visa".


BUT it's always advisable to CHECK with the concerned STATE before taking any call.

 

·
Registered
Joined
·
8 Posts
Discussion Starter · #6 ·
I met a guy who's been granted NSW 190 Visa and he never actually moved there and got a citizenship with no issues..
Met another guy who asked NSW to release him after 5 months of job search with no luck.. and they replied with straight NO.
It seems there's no hard and fast rule.. No sure why they're not making it a legal bond if they really don't want to release...
 

·
Registered
Joined
·
2,949 Posts
As I understand it, there's currently no arrangement between DIBP and the states for DIBP to enforce the state sponsorship commitment. So if someone moves states, DIBP doesn't get involved. That doesn't mean it won't change in the future.

Some states have implemented changes to make it more likely they are sponsoring people who actually intend to live there. NT has often refused 190 sponsorships and instead offered 489 sponsorships, QLD requires you to have a job offer in their state if you're already living/studying in Australia, etc.

Personally, I think if you've applied for and been given state sponsorship then you should make a concerted effort to find a job there so you can meet the commitment you've made. But at the current time there's nothing to say you need to do this.
 

·
Registered
Joined
·
72 Posts
190 Visa condition

Hi Guys,

I asked below question in some other thread.

Hi Guys,

I have been granted 190 Victoria SS visa on Jul 2015. Me and my and friend trying to stay together but his Visa is NSW SS. So last week I dropped mail to Victoria govt whether I can stay and work in Sydney before moving to Victoria state

Here is my query to them
"Dear Sir/Madam,

I have been granted subclass 190 with sponsorship from Victoria State government. I am planning to move to Australia in Feb 2016. I have a query whether I can land in Sydney and work there for some time and then move to Victoria. Can I land and stay in Sydney and work there for some time?"

Here is what they replied
"Thank you for your enquiry to the Victorian Government's Skilled and Business Migration Program.

All Australian visas are administered by the Department of Immigration and Border Protection (DIBP). You will need to contact DIBP directly with your enquiry: www.immi.gov.au/contacts"

So today I called DIBP on +61 7 31367000 and asked my query, the guy said does your grant letter mentions any conditions I said its NIL and I also informed that I asked the query to Victoria govt and they redirected me to DIBP. Then he said that if there are no conditions then you can free to travel and stay anywhere in Australia but if there are any Visa conditions then you need to abide by them.

I'm confused now, since SS says you need to stay in nominated state for 2 years but there is no such condition on grant letter.

Can anyone suggest whether i can stay and work in Sydney(considering more opportunities in Sydney than Mel)?
Here is the reply I got

There is NOT any restriction on 190 visa. It's a visa that allows you to live and work anywhere in Australia. The obligation you vowed is a moral, not legal, duty to the sponsoring state. The visa is issued by the federal government and the state has nothing to say over it. If the visa condition says NIL, it means NIL. You can move anywhere you want and it won't affect anything when you apply for the citizenship because it's also a federal issue, not state. Stop believing in rumors. But it's always a best practice to follow your commitment when it's possible nonetheless, although it's not going to make any difference in your life in almost all the cases.
 

·
Registered
Joined
·
20 Posts
Hello
I am in the same situation as yours...will there be any problems in obtaining a citizenship if you are on subclass 190 and living in different state before your 2 years obligation
 

·
Registered
Joined
·
8 Posts
Discussion Starter · #11 ·
Hello
I am in the same situation as yours...will there be any problems in obtaining a citizenship if you are on subclass 190 and living in different state before your 2 years obligation

Recently I talked to my state, they said if you spent a year trying to get the job and you're still facing financial hardships then it's up to you and also, main point, they said they don't involve in Citizenship matters, so I moved.
Every time you ring and ask these guys, you'll get slightly different responses :)
I would advice you to try your genuine attempt to settle down in your nominated state. Give it a chance and if you don't find any job after 6 months or year then move.
 

·
Registered
Joined
·
20 Posts
Thank you Hasan....For my case, I am currently in NSW and got VIC SS-190 visa....from NSW i am presently genuinely trying for a job in VIC....

Is that ok, did we need to get anything in writing from the state for our case?
 
1 - 12 of 12 Posts
Top