State Nominated Visa Subclass 190 - Conditions

[kalpenj]

Hi All

I have been granted a PR visa under Visa sub class 190 (state nominated) for South Australia and I intend to move to Adelaide in April of 2016. Had a few questions if you or someone here could answer for me.

1. If i have been granted a visa under sub class 190 is it a compulsion that i have to stay within a city of South Australia or Can i chose to land in any other state directly. If yes what would be the method to do so, will i need to inform Department of immigration about this decision and will I need to speak to my case officer with regards to this? also will this impact my request for citizenship in the country as and when I decide to apply for it.

2. As and when I complete 2 years, how do I get entry to any other state within australia, do I need to apply for a state sponsored visa again or do I need to inform the department of immigration or my case officer of my intention to move to another state for better prospects?

3. After the 1st 5 years are over, it says in case I do decide to leave australia and wish to come back, I will need to apply for a resident return visa, however what if I dont leave australia, will I still need to apply for a resident return visa, or do I continue on the same visa.

it will be of great help if you can answer these questions….

[NicF]

Welcome to the forum. The obligation to the state on the 190 visa is a moral obligation and not a legal one so you are able to enter, and indeed live, anywhere you want in Australia and you do not need to inform anyone you are doing so. Not living in SA is not going to have any impications for anything in the future. There are several threads on this subject over on our sister site Poms in Oz.

 

Your visa allows you to live permanently in Australia it is only the travel part that expires after 5 years so you would only need a RRV if you wanted to travel outside Australia.

[kalpenj]

Welcome to the forum. The obligation to the state on the 190 visa is a moral obligation and not a legal one so you are able to enter, and indeed live, anywhere you want in Australia and you do not need to inform anyone you are doing so. Not living in SA is not going to have any impications for anything in the future. There are several threads on this subject over on our sister site Poms in Oz.

 

Your visa allows you to live permanently in Australia it is only the travel part that expires after 5 years so you would only need a RRV if you wanted to travel outside Australia.

 

HI NicF,

 

There is one question that remained unanswered... i.e.

 

As and when I complete 2 years, how do I get entry to any other state within australia, do I need to apply for a state sponsored visa again or do I need to inform the department of immigration or my case officer of my intention to move to another state for better prospects?

 

Also as suggested I was going through the other threads on the blog, and i noticed a lot of people had issues with finding a job to survive in SA.... dont know if you would be able to answer this for me but i am a training and development professional and would prefer to get a job in the same field, but is it too difficult to land a job in a call center or mid management quartile job?

 

How much money do u think one needs to survive without a job if you are living an extremely mediocore life......

I intend getting around 5000 dollars with me to begin with.... do u think tht will be sufficient to start with???

[snifter]

HI NicF,

 

There is one question that remained unanswered... i.e.

 

As and when I complete 2 years, how do I get entry to any other state within australia, do I need to apply for a state sponsored visa again or do I need to inform the department of immigration or my case officer of my intention to move to another state for better prospects?

 

You move to another state.

 

our visa is permanent as has been said. Just the travel part lapses at the end of 5 years hence needing an RRV to be able to travel outside of Aus and return.

[EmI]

Im having issues with an RRV too. I only moved to SA last April (my partner moved across 3 years earlier but I stayed behind because of work projects). We have since moved to NSW as we both had job opportunities. I have just been told by an agent that my visa could be taken off me if I apply for an RRV and they notice I am not in SA as I have not honored the 2 year obligation to be in SA (even though my partner, who has the required skill did). Thought it was worth flagging. I see a lot of people mention on here the 'moral but not legal obligation' but Im not sure that's true given what I have just been told. Im gutted as I would really like to go on holiday but it doesnt look as though I will be able to leave the country for a few years. Hoping none of my loved ones back home get ill and I cant visit. If anyone knows of an agent who would have a different view please let me know.

[NicF]

Have a look at this thread on Poms in Oz http://www.pomsinoz.com/forum/migration-issues/244869-190-visa-moral-obligation.html.

[Petal38]

Hi folks, this is a very relevant thread to our situation at the moment.

 

We are just about 4 years into our SA state sponsored visa - subclass 176 which as far as i can tell is the old version of the 190 visa. Basically we just haven't been able to leave the UK in that time due to very ill, and now passed away parents. But we now have just over a year to make the move after what has been a very difficult few years.

 

We had always had a genuine plan to emigrate to Adelaide, and came over to activate our visas in summer 2012 and did a lot of work related research too. But our feeling is the economy and job market of Adelaide, for our specific professions, is quite simply not as strong as it was 4 years ago. We live in the North East of the UK, and the job market here is very very tough. The thought of moving to an equally tough job market now is just not something we are prepared to do, especially now we have a 2 year old to consider.

 

My husband is actually travelling over to Adelaide next week to 'refresh' his research in his profession, but we are also now seriously considering Melbourne as feel the job market there is far more buoyant for us both. A lot of jobs in my field in the SA Gov are now stipulating you have to already be a SA public sector employee just to apply for them which rules me out from the start. This condition was not as frequent as it is now 4 years ago when i was meeting with people in Adelaide within the SA Gov.

 

As far as we're concerned, if after my husband's reccie we feel Melbourne is much better for us, that is where we will head for. We will let the SA Gov know, and can clearly evidence the steps we have taken to reach that conclusion, and for me, the conditions they themselves are imposing which rule me out of applying for jobs with them. As far as we see it, the fact we are spending money so my husband can scope out the job market for him in Adelaide currently more than demonstrates we're not just potentially settling elsewhere in Oz on a whim if that's what we do!! We could also of course send them copies of death certificates which explain the delay in us being able to leave the UK - at the end of the day, what can they say. That's just how our lives have panned out the last few years.

 

Eml - might it be your migration agent could be wrong? Please keep us updated.

 

Good luck to everyone!

Edited February 23, 2016 by Petal38

[wrussell]

State Nominated Visa Subclass 190 - Conditions

 

 

There are none.

 

Check your visa grant letter.

Edited April 24, 2016 by wrussell
sp

[Ashleigh]

I was just going to say on my 190 visa grant letter there are no visa conditions listed!

[alishahidi786]

Im having issues with an RRV too. I only moved to SA last April (my partner moved across 3 years earlier but I stayed behind because of work projects). We have since moved to NSW as we both had job opportunities. I have just been told by an agent that my visa could be taken off me if I apply for an RRV and they notice I am not in SA as I have not honored the 2 year obligation to be in SA (even though my partner, who has the required skill did). Thought it was worth flagging. I see a lot of people mention on here the 'moral but not legal obligation' but Im not sure that's true given what I have just been told. Im gutted as I would really like to go on holiday but it doesnt look as though I will be able to leave the country for a few years. Hoping none of my loved ones back home get ill and I cant visit. If anyone knows of an agent who would have a different view please let me know.

 

Can u please update about your case

[presiji2016]

Dear All,

 

Greetings from India.

 

I have received visa 190 in dec 2015 and now planning to make first visit to South Australia in June 2016.

 

can some help me by solving my one query-

 

Do I need to enter to Adelaide or can I make first visit to any other city and then fly to Adelaide. ?

 

regards

 

PS

[WGar]

Dear All,

 

Greetings from India.

 

I have received visa 190 in dec 2015 and now planning to make first visit to South Australia in June 2016.

 

can some help me by solving my one query-

 

Do I need to enter to Adelaide or can I make first visit to any other city and then fly to Adelaide. ?

 

regards

 

PS

 

You can fly-in anywhere in Australia during your initial entry. Your can just indicate in your arrival registration with South Australia the actual date you landed in Adelaide. Your residency eligibility to apply for citizenship later depends on the date of your arrival in Australia not on the actual date you landed and settled in Adelaide.The residency requirement in your sponsoring state in only a moral obligation. As you noticed, there is no condition imposed on your visa which mean you can actually live and work anywhere in Australia. You just need to honor your commitment with your sponsoring state hence you agreed to settle for at least 2 years in that state in return to the additional 5 points they gave you to get invited and apply for a visa.

Edited April 23, 2016 by WGar

[samsindi]

Hi Kalpenj,

 

Congratulations on your visa grant.

 

I know this is a bit late for a reply, but I really wanted to reply to your questions.

 

1. State Nominated Visa is the reason you are allowed to work and live in Australia so I think you kinda owe it to South Australia to work and live in their state. I am aware that the job prospects are not so great (I too am struggling to get a full-time job for the past 6 months). But if you are sponsored by SA, I think you should come here and try to make it work here and then if (hope not) you can't make it, then you should think of changing states. Like NicF said, it is a moral obligation and not a legal one.

 

2. Once you have been granted your Visa, the case officer's job is done, thereafter any questions regarding your visa should be made to the department of immigration. And as for the completion of 2 years in the nominated state, you will be required to complete a survey once every 3, 6, 12, 18 and 24 months during the period of 2 years about living and working Adelaide. Any change of address or any of the contact details should be informed to the government. Once you have completed the 2 years, it is best to inform the state that you will be moving to another state. And your visa grant allows you to travel within Australia for 5 years without a problem so you do not need to apply for another visa.

 

3. However, you can apply for your citizenship after 4 years or get an RRV (resident return visa).

 

Also, if you do complete the 2 years in the nominated state, complete the surveys and keep the state informed about your details, it will reflect in the future when and if you do decide to apply for citizenship as your character display.

 

And, also I wanted to tell you something, on a different note. If you are planning to go to another state after being sponsored by one state, then you should've applied for the state you intend to live in. It is not morally correct towards SA and they might make it harder for other applicants to be nominated in the future.

[WGar]

Hi Kalpenj,

 

...

Also, if you do complete the 2 years in the nominated state, complete the surveys and keep the state informed about your details, it will reflect in the future when and if you do decide to apply for citizenship as your character display.

 

And, also I wanted to tell you something, on a different note. If you are planning to go to another state after being sponsored by one state, then you should've applied for the state you intend to live in. It is not morally correct towards SA and they might make it harder for other applicants to be nominated in the future.

 

Your fears are beginning to materialize....beginning July, only limited numbers of 489 sponsorships will be issued by the state.ICT applicants( anybody with ACS assessment applying offshore for state sponsorship) can only be sponsored if the minimum score is 70( including state sponsorship). It will only be lowered down to 65 or 60 depending on targets. It is now more harder to get state sponsorships for those with lower scores.