190 Visa Conditions

[byrash]

Hello All,

 

One of my friend landed into Adelaide (SA) with 190 Visa which is a PR on the conditions for them to stay in Adelaide for 2 years.

 

But he is planning to move to Sydney for a job as he was not able to find job here.

 

Will that be any problem ? if yes what can be that ?

 

Cheers

[freesia]

How long has he been there? how hard has he tried to find a job or was it always his intention to get SA & then actually move to Sydney anyway?

 

You don't need to answer any of this here- but I have just read a similar thread elsewhere- & the person in a similar situation is being questioned by email by Immigration (although it appears she did not even land in her sponsoring state).

[byrash]

he landed a month back....to Adelaide. will immigration raise any issues ?

[freesia]

well who knows- they're clamping down on all sorts of things at the moment- but tbh 1 month is not very long to give up on the place he obviously chose to go to

[coastie]

Look on his/her original grant notification letter. There's a line which says "VISA Conditions - " Usually it will say NIL. If that's the case then, he/she can move. SA immigration won't be happy but there's nothing they can do under the current law. Hopefully this will get cleared up soon. I really don't understand why the law can't be changed and make staying within your chosen state a visa condition.

[Guest MandiMR2]

My 190 visa states no conditions, however it also clearly states regarding working in Australia, that my visa has been granted on the basis of a nomination by a State or Territory government & I am obliged to remain in the State or Territory for a period of 2 years. I wouldn't risk it without contacting & informing the state, honesty is the best policy!

Mandi

[Diane]

I don't know what sort of visa they were on, but there was a story on the news recently about a couple who were deported because their visa conditions stated they needed to live in a particular area, and they were living a few miles outside it, so definitely do what is said above and check your visas terms and conditions - or get your friend to do so.

[Guest romil]

My 190 visa states no conditions, however it also clearly states regarding working in Australia, that my visa has been granted on the basis of a nomination by a State or Territory government & I am obliged to remain in the State or Territory for a period of 2 years. I wouldn't risk it without contacting & informing the state, honesty is the best policy!

Mandi

 

Hi Mandi,

 

We have recently arrived to Adelaide and none of the agency or the companies have any opening in my skill set (IT), hence me and my partner are planning to move to Sydney.

 

We had sent an email to SA Immigration to see if we can move to another state, but unfortunately they are saying you have to live in SA for at least 2 years. I have contacted immigration department as well and they are saying that you can live anywhere you want in Australia, but SA government should allow you to do so.

 

I am not sure what we are going to do.. very tense situation:confused:

 

Any idea what should we do about it.

 

Your advise is highly appreciated.

 

Regards,

Romil

[Guest Helchops]

Hi Mandi,

 

We have recently arrived to Adelaide and none of the agency or the companies have any opening in my skill set (IT), hence me and my partner are planning to move to Sydney.

 

We had sent an email to SA Immigration to see if we can move to another state, but unfortunately they are saying you have to live in SA for at least 2 years. I have contacted immigration department as well and they are saying that you can live anywhere you want in Australia, but SA government should allow you to do so.

 

I am not sure what we are going to do.. very tense situation:confused:

 

Any idea what should we do about it.

 

Your advise is highly appreciated.

 

Regards,

Romil

 

Hi Romil,

If you were granted Sponsorship based on applying to Immi SA then you should stay in Adelaide - the whole point is to get skills in individual states where they need it most.

I think you'll find that most people on here trying to get a Visa but who are blocked by application ceilings will feel like you'd be cheating the system somewhat if, after one month you upped and left!

Having said that, we have heard of people that have done just this, and they've not been deported.

If I were you, I'd look a little harder, closer to home (i.e. Adelaide).

[Guest khasan4bd]

Hi Mandi,

 

We have recently arrived to Adelaide and none of the agency or the companies have any opening in my skill set (IT), hence me and my partner are planning to move to Sydney.

 

We had sent an email to SA Immigration to see if we can move to another state, but unfortunately they are saying you have to live in SA for at least 2 years. I have contacted immigration department as well and they are saying that you can live anywhere you want in Australia, but SA government should allow you to do so.

 

I am not sure what we are going to do.. very tense situation:confused:

 

Any idea what should we do about it.

 

Your advise is highly appreciated.

 

Regards,

Romil

 

Hi Romil,

recently we got 190 visa with SA invitation. but the visa condition is NILL in grant letter also there is no conditions in my invitation. do i need to stay in SA still.... what happens to you after that (as written above)....

Best regards

K Hasan

[byrash]

Even I have observed many cases where people just ignore the moral condition there on 190. Do remember it a Moral obligation rather than a visa condition. I was said by some one, they may check in your further stages of PR extension or citizens hip whether you have satisfied the conditions or not. Iam not 100% sure though as some tossed that term to me long back. Better to be complying to the obligations.

 

Also, the best things is show all your rejection mails to SA immigration and get them to approve your to move out of SA , I have seen many people got this and they will ask you to satisfy the obligation in future if possible. So this is the best option in my view. Do rem, you have to prove to SA immigration that you have tried really hard to secure a job here and show you job application , rejection, funds draining out stuff what not.. anything that proves your point. They will accept.

[geoffuZz]

Before coming just over twelve months ago, I contacted the Immigration department in SA with just these kind of questions... What if I can't find work? Can I move state on my Visa? Here was the answer:

 

________________________________________________________________________________________________________________________________________________________________________________________

 

The answer to your question actually lies with the conditions and obligations attached to your visa that was granted and issued by the (federal) Department of immigration and Citizenship (which I have cut and pasted below).

 

Visa subclass 190 : Features

· This points-based visa is for skilled workers who are nominated by a state or territory.

· A visa holder can live and work permanently anywhere in Australia.

· Certain family members can be included in the application

 

Conditions and obligations : Visa subclass 190

This information explains what is required of you (and your accompanying dependent family members) after you are granted a permanent Skilled Nominated visa (subclass 190).

Enter Australia

If you are outside Australia when this visa is granted, the department will specify the date by which you must enter Australia.

Fulfil employment obligations

There are some obligations that states or territories will require you to meet. These include that you:

· stay in that state or territory that nominated you for at least two years

· keep the state or territory informed of any changes to your address

· complete surveys and provide information when asked.

Entitlements

This visa allows you and your accompanying family members to:

· live and work permanently in Australia

· study in Australia

· enrol in Medicare, Australia’s scheme for health-related care and expenses

· access certain social security payments (subject to waiting periods)

· apply for Australian citizenship (subject to residency criteria)

· sponsor relatives for permanent residence.

If you travel out of Australia

This is a permanent residence visa. It allows you to travel to and from Australia for five years from the date it is granted. If you want to continue such travel after the visa expires, you must get a Resident Return visa. You can also apply for citizenship.

Comply with visa conditions and Australian laws

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

 

The holder of a visa subclass 190 can therefore live and work permanently anywhere in Australia but is considered obligated to reside in the state that nominated them.

For example, if you are unable to secure employment in South Australia and has been offered employment interstate or believes they can get employment interstate, you would be able to move interstate because your visa feature allows you to live anywhere in Australia. DIAC of course would need to be informed of any move, as would Immigration SA, and although South Australia does not officially “release” a person from their obligation to the state, understands at times it is unavoidable and accepts the DIAC feature attached to the visa issued by DIAC. Visa enquiries can usually be answered at the DIAC website at www.immi.gov.au"

 

________________________________________________________________________________________________________________________________________________________________________________________

 

I personally do not think searching for 1 month justifies abandoning your obligation to stay and in fact on a 190 visa you are supposed to arrive with a certain amount of money to support yourself while you search for employment, around $25,000 comes to mind... However, on the other hand, I had decided while searching for work that I would give it a certain time, or rather, a certain budget to reach before I started searching for options in other states.

 

I was very lucky and actually got the first job I applied for and started working 2 months after arrival in SA.

 

Regards,

 

Geoff.

[AT31Oct]

Hi All,

with 190 visa,is it compulsory to live in the state that has sponsored a person?

If the visa holder's extended family lives in another state ,then can the visa holder change the state ,say after 2-3 months.Is there any provision to change the state?

[Rammygirl]

I think your answer is clear in the post above. This is an old thread, if you want to discuss this further can I sugest you start a new thread of your own where the answers will all be up to date.

 

as said it is only a moral obligation to stay in the state, NT have all but stopped granting these preferring to offer the regional provisional visa that ties people in in order to get PR.

[AT31Oct]

Thanks Rammygirl

I think your answer is clear in the post above. This is an old thread, if you want to discuss this further can I sugest you start a new thread of your own where the answers will all be up to date.

 

as said it is only a moral obligation to stay in the state, NT have all but stopped granting these preferring to offer the regional provisional visa that ties people in in order to get PR.

[arsenalbest]

Look on his/her original grant notification letter. There's a line which says "VISA Conditions - " Usually it will say NIL. If that's the case then, he/she can move. SA immigration won't be happy but there's nothing they can do under the current law. Hopefully this will get cleared up soon. I really don't understand why the law can't be changed and make staying within your chosen state a visa condition

 

I appreciate your comment, coastie very helpful, but where did you read the statement regarding the current law that you mentioned? If you have any references to this, links or anything, please post it to this page. It would be very helpful for me. Thanks,

 

[NicF]

Look on his/her original grant notification letter. There's a line which says "VISA Conditions - " Usually it will say NIL. If that's the case then, he/she can move. SA immigration won't be happy but there's nothing they can do under the current law. Hopefully this will get cleared up soon. I really don't understand why the law can't be changed and make staying within your chosen state a visa condition

 

I appreciate your comment, coastie very helpful, but where did you read the statement regarding the current law that you mentioned? If you have any references to this, links or anything, please post it to this page. It would be very helpful for me. Thanks,

 

 

Have a look on here http://www.pomsinoz.com/forum/migration-issues/236831-finding-uk-migration-agent-do-i-actually-need-one.html

 

There are a few posts from a MARA registered migration agent about this topic on the thread, although you may need to read to the end of the thread to find the relevant information.