Change State Before Landing?

[Guest Dream Runner]

Hi,

As my IELTS score was 6.5 (in all), I have applied for State Sponsorship to South Austrelia.

I might get my Visa 3-4 months down the line.

 

My question is that I want to do job or land in Melbourne or Sydney even if I have State Sponsorship of SA?

As my profession is Software Tester (261314), Very less jobs for that skill are available in Adelaide

Is it possible to override the obligation for working in SA for 2 years?

 

If yes, how should I do it?

 

Please suggest.

[Guest The travelling brummie's]

If your applying to state sponsorship to SA the you need to work in SA not Vic or NSW. By applying to state sponsorship you are offering your skills to that particular state!? why would you apply for sa ss if yo want to be elsewhere?

 

Sorry im having trouble understanding why you would be thinking of doing this?

[snifter]

I'm a bit confused as to why didn't you apply for SS for Vic or NSW in the first instance if that is where you wanted to go and if there are not enough options for you in SA. Just because there are less options doesn't mean you won't find work in SA though.

 

Anyways, do some reading, SS is a moral not a legal obligation. At least it used to be. Am not sure how the new visa system is set up and if it is something SS people can do now.

[Guest satish_lkb]

Hi,

 

Think twice before deciding something. Your visa is based on SA State Sponsorship. They will clearly mention that in your Visa. Moral/Legal obligation etc all secondary. Here in Australia everything is straight forward, especially Law. Getting Australian PR and all is a life time achievement and you should not do anything which will end up in a mess.

 

If you want to work in any other State, better tell your Case Officer that you are not planning to land in SA and apply for State Sponsorship in other States.

 

Just my views.... Decision is yours...

[Guest ali]

Amigo,

 

It clearly says on your SS Visa to SA that you have the right to work, live and study in SA. Hate to tell you, there is no way around this. If you want to live in Melbourne then you should probably apply for a SS visa to Victoria instead of SA! If your job is not on the Victoria skills list then you have to choose some other visa.

[jim and adel]

Got to say it annoys me that people apply for SS to SA then begin looking for ways to move state before even giving the state that's sponsoring them a try. Some people make the move in good faith, struggle to find work and then reluctantly feel they have to look elsewhere and I've got no criticism when that's the case. Looking to change states 'before landing' just makes me shake my head in wonder.

 

However, despite my views, you're not breaking any law by living and working in a different state to the one that sponsored you.

 

Jim

[Guest wijaya]

As others have mentioned, I also wonder why the first thing you do in a new country is wanting to "cheat" the system. SA or other states in full honesty will give you an opportunity to live here.

Anyway.. if you have a state sponsorship visa. it requires you to live in "a regional" area, so in that sense, Melbourne or Sydney are not regional area. You could live ini regional area in Victoria or NSW, (not sure where: probably Newcastle or Geelong). Surely Adelaide as a state capital will provide you with more opportunity to work if not in your area of expertise, in other jobs. When you have lived here for 2 years and still want to move, you could do that afterwards.

 

 

regards

[Guest Crushfamily]

Hi,

 

Think twice before deciding something. Your visa is based on SA State Sponsorship. They will clearly mention that in your Visa. Moral/Legal obligation etc all secondary. Here in Australia everything is straight forward, especially Law. Getting Australian PR and all is a life time achievement and you should not do anything which will end up in a mess.

 

If you want to work in any other State, better tell your Case Officer that you are not planning to land in SA and apply for State Sponsorship in other States.

 

Just my views.... Decision is yours...

 

Morals are one thing - however if you re-read your Visa it says there are no conditions attached to it! There is absolutely no requirement to do your two years here at all!

[Guest Dream Runner]

Thaks for your reply....I am doing this to increase my chances of getting a job...becuase I am not sure about Software Tedting Job Prospects in Adelaide...those should be good in Melbourne and Sydney.....and if you check immi.gov website, there it has been clearly mentioned for 190 Visa as "you can stay and work anywhere" (even if it is state sponsorship....is what i assume...)

[Guest Dream Runner]

Thaks for your reply.....I have already given IELTS 3 times and have got 6.5 in all...Victoroa needs a score of 7 in all...so my consultant told me same that it's moral obligation and not legal...and if I am not able to find a job in SA...then I can request SA to release me and allow me to search job else where...and 99% times they are helpful and supportive..as they have given PR to a skilled resource....

 

Also I have heard that if I am able to get any reference letter from an employer from other state...then I can submit that letter to SA...and request them to work elsewhere....

 

So my whole logic was to make an entry in Australia...and then face challenges and go ahead....

[Guest Chris_J]

I am allowed to land and have a 2 week holiday in Perth aren't I, and then go to SA to live and work?

[jim and adel]

I am allowed to land and have a 2 week holiday in Perth aren't I, and then go to SA to live and work?

 

Of course, you can land where you like and holiday where you like.

 

Jim

[geoffuZz]

I also have a question regarding the 2 year obligation - do you have to fulfill it in the first 2 years in OZ, or can it be anytime during your stay, up until you wish to apply for citizenship? The PR afterall is a 5 year multi entry visa. (sort of).

 

Geo.

[Guest Crushfamily]

There is no obligation - it is moral only!

[Guest ali]

I also have a question regarding the 2 year obligation - do you have to fulfill it in the first 2 years in OZ, or can it be anytime during your stay, up until you wish to apply for citizenship? The PR afterall is a 5 year multi entry visa. (sort of).

 

Geo.

 

As I was granted a 475 ss visa I can talk about that. Initially your visa is a 3 year visa and you have to fulfill your obligation in that time period. If for some reason you are not able to do so you can ask for an additional 1 year extension visa to fulfill your obligations in order to apply for PR.

 

Hope this helps.

 

Cheers,

 

Ali

[zebedee]

Just my two pence, but whilst the sponsorship isn't legally binding (from what I understand) - I think the moral obligation shouldn't be overlooked. I feel lucky to have the opportunity to come and live in Australia, specifically South Australia and, like others have said, would only understand someone coming out here and moving on if they had given SA a "fair go" or had completed the two years. My state sponsored visa (176), specifically states that it has been granted on the basis that I remain in the state or territory for a period of at least two years, seems only fair to play by the rules, especially as a guest

 

So thinking of going elsewhere from day one doesn't sound like the best way to start a new life in a new country to me -and your potentially taking a place on the sponsorship scheme away from someone who specifically wants to live in SA.

 

To put your mind at rest a bit - I came out as a System Administrator, had two interviews in the first week, one of which led to an offer, there is work here, although I can see that Software Tester is perhaps a bit more specialised.

Edited September 25, 2012 by zebedee

[Guest tkb]

Hi,

As my IELTS score was 6.5 (in all), I have applied for State Sponsorship to South Austrelia.

I might get my Visa 3-4 months down the line.

 

My question is that I want to do job or land in Melbourne or Sydney even if I have State Sponsorship of SA?

As my profession is Software Tester (261314), Very less jobs for that skill are available in Adelaide

Is it possible to override the obligation for working in SA for 2 years?

 

If yes, how should I do it?

 

Please suggest.

 

hi,,

 

if you have 190 visa , u have permenant residency.

and it depends upon you , if you wish to live or work in SA or not. If you are not getting job in SA. Then you can move to any other state VIC or NSW . No one can do any thing. Its completely moral obligation. you are not legally bound to any thing. U have PR and you are independent to work anywhere.

By the way this question is also mentioned in other threads and for your reference go through the following link. May be it will help you understanding more about this..

 

http://www.pomsinoz.com/forum/migration-issues/112217-anyone-landed-city-other-than-sponsored-state.html

 

--------TKB

[Guest Dream Runner]

Hi all,

 

Thanks for your replies so far.

Please help me in handling below situation:

 

I have got my 190 PR Visa for SA, actually I was planning to go in Adelaide-SA on my own and was about to search a job there.

But my current employer is one of the Indian service based company is not willing to let me resign and go.

They are giving me an option of going to Sydney for a 6 months project, I requested them a project in Adelaide...but right now they have only opening in Sydney.

I do not want to miss this chance as it is the safest way to go to Australia, as my risk of going jobless there will be reduced to 100 %.

 

My questions are:

1) What should I do in such a case? My consultant is saying that I should send a mail to my SA case officer and rather SA and tell them that I am going to Sydney on an Internal company transfer project, so please allow me.

2) If SA allows me or did not create any major problems, then I am planning to go to Sydney instead of Adelaide, but when my project will end after 6 months, at that time if I am not getting a job in Adelaide and getting a job in Sydney/Melbourne, then can I go there after resigning my Indian company? or will SA will create some problems?

3) I will make my best efforts to search a job in SA after my project in Sydney, but if I am not getting any internal project in Adelaide and if I never get a chance to go to SA (because of not getting job in SA and getting job elsewhere) then will I get any problems in getting a citizenship?

4) I heard that if you are going in Australia with a job in hand or internal transfer in my case…then even if you have SA state sponsorship you will not get any problem…because you are sincerely letting that know to SA

 

Please reply...I am in a dilemma

[snifter]

Dream Runner - its a moral obligation only.

 

I find it strange your company won't let you hand in your notice but there.

 

If they are offering you a 6 month transfer to Aus and you want to take it, why not. You are legally allowed to work in Aus. If you read the Aus immigration info on this visa it is quite clear on this.

 

It is considered good manners to inform the correct Aus department/person that you are going elsewhere, not your intended state but other than that there is nothing else to do.

 

Read this page from this link - http://www.immi.gov.au/skills/skillselect/index/visas/subclass-190/

 

You'll notice it says A visa holder can live and work permanently anywhere in Australia.

[Guest Dream Runner]

Thanks for Sniffer for your inputs.

My company do not want to leave me as I am a good resource to them.

I agree with you that I can stay in Sydney for 1st six months...but I was asking that if after that, due to some reason, if I never get a chance to go to SA...may be because I did not get a job in SA r may b I continue in Sydney project for next 5 years...then what will happen?

Will SA reject citizenship because I was not able to go there for any or initial 2 years?

[snifter]

Thanks for Sniffer for your inputs.

My company do not want to leave me as I am a good resource to them.

I agree with you that I can stay in Sydney for 1st six months...but I was asking that if after that, due to some reason, if I never get a chance to go to SA...may be because I did not get a job in SA r may b I continue in Sydney project for next 5 years...then what will happen?

Will SA reject citizenship because I was not able to go there for any or initial 2 years?

 

As has been said many times, its a moral obligation. Plenty of people have done this.

 

As for citizenship, it should not make any difference that I am aware of.

 

Perhaps use the forum search on here to read where this was discussed in depth in the past. I think Gollywobbler wrote a great reply on it all.

[scottboab]

When you apply to a state for the state sponsorship of a 190 visa (such as NSW, QLD, VIC, WA, TAS, NT, SA), you need to commit to living in the state for two years. this means at the time of applying, you should plan to live in that state for two years.

Yet, what if a situation changes, and you need to choose another state to move to (either at first or later), due to a job offer or any other reason?

You are not restricted in doing this. In fact, you do not need to even set foot in the sponsoring state.

The subclass 190 visa is a Permanent Resident visa – exactly the same in this regard as a subclass 189 independent visa.

There are no restrictions or conditions which relate to ‘having to live in the sponsoring state’.

The visa itself is a normal PR visa label in your passport and does not have the sponsoring state written on it.

These are the details of the 190 visa – can you live in another state different from the one that sponsored you?

Yes, fully legally. There is nothing wrong with having the visa granted and then changing your mind about in which state you want to live.

That is the entire point of a full PR visa – you have Permanent Resident status and are not restricted.

On a subclass 489 visa – for example – there is a visa condition on the label, that you must live/work in regional areas.

The subclass 190 visa has none of this and there has never been any recorded instance of anyone having a problem just because they needed to live in a different state than the sponsoring one.

[aasanghavi]

When you apply to a state for the state sponsorship of a 190 visa (such as NSW, QLD, VIC, WA, TAS, NT, SA), you need to commit to living in the state for two years. this means at the time of applying, you should plan to live in that state for two years.

Yet, what if a situation changes, and you need to choose another state to move to (either at first or later), due to a job offer or any other reason?

You are not restricted in doing this. In fact, you do not need to even set foot in the sponsoring state.

The subclass 190 visa is a Permanent Resident visa – exactly the same in this regard as a subclass 189 independent visa.

There are no restrictions or conditions which relate to ‘having to live in the sponsoring state’.

The visa itself is a normal PR visa label in your passport and does not have the sponsoring state written on it.

These are the details of the 190 visa – can you live in another state different from the one that sponsored you?

Yes, fully legally. There is nothing wrong with having the visa granted and then changing your mind about in which state you want to live.

That is the entire point of a full PR visa – you have Permanent Resident status and are not restricted.

On a subclass 489 visa – for example – there is a visa condition on the label, that you must live/work in regional areas.

The subclass 190 visa has none of this and there has never been any recorded instance of anyone having a problem just because they needed to live in a different state than the sponsoring one.

 

 

hi scott, then they they do mention in all websites, that you must live for 2 years in the state. i understand there is nothing in the visa conditions, but its there as a condition if you visit the state website for ss 190 visas.

 

http://www.liveinvictoria.vic.gov.au/visas-and-immigrating/skilled-visas#.V9pMuh595D8

 

"Conditions

Visa holders must live in their nominated state or territory for at least two years."

[Blossom]

hi scott, then they they do mention in all websites, that you must live for 2 years in the state. i understand there is nothing in the visa conditions, but its there as a condition if you visit the state website for ss 190 visas.

 

http://www.liveinvictoria.vic.gov.au/visas-and-immigrating/skilled-visas#.V9pMuh595D8

 

"Conditions

Visa holders must live in their nominated state or territory for at least two years."

Scott hasn't actually visited the forum in over three years.