# 190 visa state requirements??



## T11H (Feb 7, 2013)

Hello All, 

I am new to the forum and have had a look but can't find the answer to my question. Is anyone able to help me? 

If I get state sponsorship 190 visa in one state how easy is it to move to another state? Obviously it says there is a 2 year minimum stay in the state however can you move to Victoria for instance if you cant find a job or for personal reasons? Some posts I have read on the net say its only a moral obligation but i don't believe that as I am sure the gov do checks. ???? 

I am desperate to move to Australia for a number of reasons. I have my mother and all her side of the family there (all with citizenship), I used to live in Cairns on a 457 visa and loved it (i have since changed occupation), I have many friends living there and the UK is awful!!  Unfortunately I am 30 so family sponsor is not applicable to me. Also my occupation and degree are not on all the state sponsor lists. 

Any help or advice would be greatly received! 

Thanks in advance. 

T


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## MarkNortham (Dec 19, 2012)

Hi -

My view: you must put forth a good faith effort to find a job in the state that sponsors you. However, if you cannot find a job that suits you after such an effort, they will not stop you from looking elsewhere. At that point you are a permanent resident, and they certainly cannot force you to live in a state where you cannot find suitable work.

Hope this helps -

Best,

Mark Northam


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## T11H (Feb 7, 2013)

Thanks Mark, 

Yes that helps. Do you think tht would be in black and white anywhere on the immi website? 

TH


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## hockeyman (Aug 18, 2012)

Am equally curious about this too. It did say on immi website that we (sponsored) migrants need to be in the sponsored state for 2 years. Wonder if we need to write to them for approval to be excused. Last I want is when it is time to renew the visa, it's not approved because of this obligation although I have lived in other states for the last 2 years or so.

Sent from my C6603


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## hockeyman (Aug 18, 2012)

See below









Sent from my C6603


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## MarkNortham (Dec 19, 2012)

Hi All -

The requirement to live and work in the state is not strictly a condition of the visa, it's a condition of an agreement you make with the state. If you walked away from it, it's conceivable that the state could say you obtained the visa fraudulently and never had any intention of living there. But by the same token, if you cannot find work there, is it legal for them to somehow require you to work there and go broke? This opens up an entirely different set of laws (civil laws) regarding contracts, freedom of movement in a country, etc. If you find yourself not able to meet a state sponsorship obligation, the best way through that may be to work out an arrangement with the state to release you from the sponsorship agreement. 

Best,

Mark Northam


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## hockeyman (Aug 18, 2012)

MarkNortham said:


> Hi All -
> 
> The requirement to live and work in the state is not strictly a condition of the visa, it's a condition of an agreement you make with the state. If you walked away from it, it's conceivable that the state could say you obtained the visa fraudulently and never had any intention of living there. But by the same token, if you cannot find work there, is it legal for them to somehow require you to work there and go broke? This opens up an entirely different set of laws (civil laws) regarding contracts, freedom of movement in a country, etc. If you find yourself not able to meet a state sponsorship obligation, the best way through that may be to work out an arrangement with the state to release you from the sponsorship agreement.
> 
> ...


Thanks for the input, Mark. I guess that is the safest way rather than leaving it to chance. I will be contacting them for clarification and guidance.

Regards

Sent from my C6603


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## hcdlk (Jul 22, 2013)

I am also keen to know and has been doing some " research " on this for a while now. So far , the news is that whilst no one is clear about it, but I have seen (like Mark) migration agents confirming that 190 is a general visa therefore once granted any a person can choose to live anywhere in australia. However it remain unclear if a person could end up having problem at the time of their citizenship application.


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## MarkNortham (Dec 19, 2012)

Hi Hcdk -

I wouldn't expect an issue at citizenship since the state sponsorship obligations do not exist in federal immigration law and are not a part of your visa with DIAC. Unless they're going to accuse you of some sort of fraudulent intent in getting the visa, I don't see how a state sponsorship authority would have any way of causing a problem with your visa, or causing an issue with a citizenship application.

Best,

Mark Northam


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## hockeyman (Aug 18, 2012)

The only way to be certain and safe is to write to the state and seek their release in writing. Otherwise it's anyone's guess.

Sent from my C6603


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## hcdlk (Jul 22, 2013)

Thanks, Mark/ hokeyman, yes, it is always good to check with the State.
BTW, when did they start granting 190 visa ( was it from July 2012) ?Is it too early to ask some one who has already been through this and now a citizen?


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## hockeyman (Aug 18, 2012)

It has to be much earlier than that because I was granted with sub class 176 which was the same visa as 190 offered currently. Got my visa sometime back last year but yet to make the move over. However, I am not sure how much earlier they started the 176 though. My guess is they even had something prior to 176. Never know.


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## hcdlk (Jul 22, 2013)

Thanks Mark / hokeyman for the info.


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## MarkNortham (Dec 19, 2012)

Hi Hcdlk -

The 190 visa essentially replaced the 176 visa for all visas issued on or after 1 July 2012. While the visa is similar, there are some significant differences, including the ability to apply onshore or offshore, automatic bridging visa with no conditions if applying onshore, no problem with 8503, etc. That being said, the benefits of that visa are being tempered by the fact that the states seem to be taking a more aggressive approach to sponsorship, with WA now preventing the direct application for sponsorship and instead requiring those interested in WA sponsorship to lodge their EOI's and wait for an invitation to apply for state sponsorship - more uncertainty added to the process.

Best,

Mark Northam


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## hcdlk (Jul 22, 2013)

Thanks for this


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## Dilup (Jul 25, 2013)

hcdlk said:


> Thanks for this


Hi, I am planning to apply for a PR migration visa to Australia, can any one pls help. I have completed my CA course from Indian board.


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## MarkNortham (Dec 19, 2012)

Hi Dilup -

I think you'll get better results if you pose specific questions to the forum. There is a lot of research to be done by any potential applicant, with many different visas to choose from and many rules and regulations. You might start on the DIAC site at Department of Immigration & Citizenship and look for the Visa Finder to get a basic idea of your options.

Best,

Mark Northam


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## Hawthorn (Dec 18, 2009)

Hi all

This is quite interesting topic. I've been in the same situation and and already discussed with State Sponsor Authority. He replied me by a statement saying that you remember your commitment to stay in the Sponsored State for the first 2 years was a primary reason for a PR visa granted, however, at the same time we understand that you do have to find a work to make a living. Finally he wrote we hope you come back to our State in the future. That's it.

What do you think about my situation? I am also worried about my citizenship application later on.
Thank for your advice
Brian


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## ashleigh (Sep 4, 2013)

Hawthorn said:


> Hi all
> 
> This is quite interesting topic. I've been in the same situation and and already discussed with State Sponsor Authority. He replied me by a statement saying that you remember your commitment to stay in the Sponsored State for the first 2 years was a primary reason for a PR visa granted, however, at the same time we understand that you do have to find a work to make a living. Finally he wrote we hope you come back to our State in the future. That's it.
> 
> ...


If the state has granted you permission to leave, and it seems they have, it shouldn't bring any problems in the future. You should keep this email/letter from them so that if in the future you need to prove that you left the state with the state's permission, you can show it.


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## Hawthorn (Dec 18, 2009)

Thanks Ashleigh for your personal advice.

Is there anyone who has experienced the same problem and already passed the citizenship status please share your story. It would be very appreciated. 
Thanks


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## apexi (Nov 26, 2013)

MarkNortham said:


> Hi -
> 
> My view: you must put forth a good faith effort to find a job in the state that sponsors you. However, if you cannot find a job that suits you after such an effort, they will not stop you from looking elsewhere. At that point you are a permanent resident, and they certainly cannot force you to live in a state where you cannot find suitable work.
> 
> ...


Hello Mark,

the thought that we could go to a different state if we cannot find suitable jobs is great, however is it really feasible.

Are there any future consequences with regards to Citizenship or cancellation of PR as we are not adhering to the conditions.

We are expected to have enough funds to sustain until we get a job, however who decides what is the time required to wait before we can ask for a change of state if such situation arises.

Will they consider us to take up just any job or jobs pertaining to our skill set. Also is there a legal way to handle this or just inform the state of the change in circumstance.

Need your opinion!!! Thanks


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## oz_ (Feb 1, 2014)

Hawthorn said:


> Hi all
> 
> This is quite interesting topic. I've been in the same situation and and already discussed with State Sponsor Authority. He replied me by a statement saying that you remember your commitment to stay in the Sponsored State for the first 2 years was a primary reason for a PR visa granted, however, at the same time we understand that you do have to find a work to make a living. Finally he wrote we hope you come back to our State in the future. That's it.
> 
> ...


I think you need to be just happy for getting a GO from your state to move to another state and not to worry about it anymore.

I am in the same situation where I have a 190 visa from victoria and struggling to find a job from past 3 months, I have applied to 100s of jobs and have just been rejected saying my skills dont match. Since my occupation was listed in CSOL and victoria was the only state sponsoring this occupation, I had no choice of choosing other states. Now, after a lot of research I found out that there are no companies in victoria that work on 
the skills set that I have. One of the company in Sydney is ready to offer me a contract job, I really want this job which I have found with great 
difficulty since mine is a niche skill and not all companies are ready to hire me but I dont know what to do. 
Do I have to talk to my state to relieve me ? I can promise them to get back after I gain some local experience and after the contract gets completed.
Do I have to tell my employer about my visa obligation? I dont know if I will lose this job offer if he is made aware of this.

I have read numerous posts on several forums on this topic and the discussions end up only in a fight b/w moral obligation and legal obligation and no one has ever told a definite solution. BTW., I am not even thinking about what happens to my citizenship, since at this moment I plan to stay in 
australia only for less than 5 years.

Thanks for your post which is a ray of hope for many who are in this situation.

How long did you wait before approaching your state asking them to relieve you? Is 3 months a good wait? what was the reason you quoted to move out?
Which state sponsored you? How long did they take to respond to your request?

Did your employer agree to offer you a job despite the visa obligation? Does anyone know if employers bother about visa subclass?

I cant have the employer offering me job in Sydney wait for me to join for a long time. Please reply soon...
thanks a lot in advance!


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## MarkNortham (Dec 19, 2012)

Hi All -

This, in short, is a very "gray" area. There is no black& white, simple answer. It comes down to the individual circumstances you face, and what you can manage to negotiate from the state. Plus, if the state is not being reasonable, how much of a chance you want to take in terms of breaching your sponsorship agreement with them. Different states treat people different ways, and even the same state may treat different people different ways - so no general rules, regulations, etc - it's essentially a contract between you and the state that you apply for sponsorship from. As I've said before, frankly if a state sponsors you and there area no good jobs for you in that state, as much as they may think they have a case against you if you leave before the 2 yrs is up, you might feel that you have a case against them for "advertising" via sponsorship that there is a need for your skills where there turned out not to be one. And usually if both sides have what are considered valid arguments, that makes compromise and flexibility a lot more likely.

Hope this helps -

Best,

Mark Northam


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## oz_ (Feb 1, 2014)

Thanks mark for your reply.
Taking into account the situation I've explained, do you think its a good idea to approach the state officials?
Also any idea if employers care about state sponsorship visa?

Thanks in advance..


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## MarkNortham (Dec 19, 2012)

Hi Oz_ -

Hard to say - I would think that approaching them with well-organised, detailed evidence of your 3-month unsuccessful job search could make a difference. Would suggest you get as much evidence together as possible, organise it the best you can, and see what headway you can make. 

Have not seen any evidence that employers care what state you were sponsored by - they just want to know if you are a permanent resident or not.

Best,

Mark Northam


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## oz_ (Feb 1, 2014)

Thanks a lot mark for your valuable suggestion.
I have a number of mails of unsuccessful applications, hope they help.


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## softlyricsofheart (Oct 31, 2014)

*Visa 190 Obligiation*

Hi Mark,

I have in a same situation that i have been granted visa by South Australian government and been to Sydney just to validate my VISA. I have heard from my friends living in Australia that Adelaide is not a good place to start career in your specified skills so is it possible that i first stay in Sydney for initial years and after gaining local experience i spend two years in my nominated State that is South Australia.?

can i be rejected on these basis that i was not able to spend initial two years in nominated state because it is never mentioned anywhere that one need to spend which years in state?

Cheers,
KASH


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## MarkNortham (Dec 19, 2012)

Hi Kash -

The expectation from SA would be that you spend the first two years after arriving in Australia in SA - you would need to look carefully at the documents and agreements you signed with SA skilled visas - no way to predict how they would react. As the 2 year requirement is not a requirement of DIBP, and is a contractual issue between you and the SA govt, it would likely be up to you and the SA govt to work things out.

Hope this helps -

Best,

Mark Northam



softlyricsofheart said:


> Hi Mark,
> 
> I have in a same situation that i have been granted visa by South Australian government and been to Sydney just to validate my VISA. I have heard from my friends living in Australia that Adelaide is not a good place to start career in your specified skills so is it possible that i first stay in Sydney for initial years and after gaining local experience i spend two years in my nominated State that is South Australia.?
> 
> ...


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## softlyricsofheart (Oct 31, 2014)

MarkNortham said:


> Hi Kash -
> 
> The expectation from SA would be that you spend the first two years after arriving in Australia in SA - you would need to look carefully at the documents and agreements you signed with SA skilled visas - no way to predict how they would react. As the 2 year requirement is not a requirement of DIBP, and is a contractual issue between you and the SA govt, it would likely be up to you and the SA govt to work things out.
> 
> ...


Thank you mark..What i am thinking is to spend some months in Adelaide and try hard to secure a job but if unfortunately i do not find a suitable work then i might be in a good position to talk with SA. What do you say.


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## MarkNortham (Dec 19, 2012)

Sounds like a much better plan - I would keep very detailed notes of every attempt you make to get a job in SA - ie, every email sent & received, all jobs applied for, a log of each time you checked job boards, etc. With all that evidence of a well-intentioned job search, if you are unsuccessful you have good evidence to present to SA that you did your best to find a job there with a good faith effort but were unsuccessful.

Hope this helps -

Best,

Mark Northam



softlyricsofheart said:


> Thank you mark..What i am thinking is to spend some months in Adelaide and try hard to secure a job but if unfortunately i do not find a suitable work then i might be in a good position to talk with SA. What do you say.


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## EDY E. (Jun 14, 2015)

Hi -

My view: you must put forth a good faith effort to find a job in the state that sponsors you. However, if you cannot find a job that suits you after such an effort, they will not stop you from looking elsewhere. At that point you are a permanent resident, and they certainly cannot force you to live in a state where you cannot find suitable work.

Hope this helps -

Best,

Mark Northam[/quote]
Hello Mark,

thank you for your feedback on the topic of sponsoring state obligation. i have an update recently from SA Gov. I approached them last month that I am finding it very difficult to find any openings for my nominated occupation for the last 6 months or so, and asked if i can move to another state where the job market is bigger and my chances are higher.

The feedback i got was " As a South Australian state nominated visa holder, as you signed a declaration in the course of your nomination application committing to migrating to and living in South Australia for at least two years, you are expected to live in South Australia for two years from date of arrival. It is on this basis that nomination approval is granted thereby facilitating visa grant by the Commonwealth Department of Immigration and Border Protection (DIBP)"

Now this is a more direct answer from the state . so the question here again in case i do get a job offer in other states, should i take it and come back to the state gov with permission to release or this is a closed matter. will there be an issue with the PR renewal if i don't reside in sponsoring state.

Thank you,
Ed


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## MarkNortham (Dec 19, 2012)

Hi EDY E -

No way to tell for sure - I haven't heard of any states going after applicants for not honouring the 2 year period, but that doesn't mean that it can't or hasn't happened yet. However it's a civil contract matter, not a condition of your visa per DIBP, so that's the area I'd explore, perhaps with a lawyer familiar with contracts if you want more information on the enforcement aspects of whatever agreement you've made with SA. It's my opinion that after a good faith, extensive job search has turned up no offers, it would be a very difficult argument to make that the state require you to stay - if anything, you could also turn things around and argue that their original estimate that you would be able to find a job in SA was flawed.

Hope this helps -

Best,

Mark Northam



EDY E. said:


> Hello Mark,
> 
> thank you for your feedback on the topic of sponsoring state obligation. i have an update recently from SA Gov. I approached them last month that I am finding it very difficult to find any openings for my nominated occupation for the last 6 months or so, and asked if i can move to another state where the job market is bigger and my chances are higher.
> 
> ...


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