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190 Visa Dilemma


GracieWynne

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Hi, Could anyone please advise if they have actually moved states after gaining their 190 visa but before the 2 year obligation has ended?

 

The reason I ask the following; I am employer sponsored in WA. I have been offered a great opportunity to move to Brisbane and continue my sponsorship. However, my parents have recently filed for their 190 Visa with WA sponsorship to move to be near to me and my family. Could they transfer their state sponsorship to Queensland and follow me? This is central to me making the decision to move so your experiences of this or any advise would be appreciated.

 

There are certain terminologies I have seen on sites such as;

- You can change states in exceptional circumstances.

- You can move states whenever as the state nomination is simply a 'gentleman's agreement'

- You can live anywhere in Australia as long as you make the state that sponsored you aware.

 

I would appreciate your help and advice as this is causing certain family distress!

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The state sponsorship is a moral obligation for the 190 visa only. You have no condition on your visa to live and work in the state that has sponsored you (the 489 visa does have a condition on it that you need to live and work in regional Australia for example). And no it won't affect you ability to gain citizenship or RRV in the future. The WA site states that you should inform them if you are going to move states, but if you didn't nothing would happen.

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Also you can not transfer sponsorship to another state.

 

Thank you for your advice! Could I ask if you know this from personal experience or professional advice? Would you just fill in the change of circumstances form after receiving your visa? Anything further required on the individuals part? Many thanks.

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We have a 176ss visa and there are no conditions on the visa. The change of circumstances form 1022 is only for visa applications that have not been granted, after visa has been granted this form does not apply. This moral obligation has been debated to death over the years and migration agents have stated this also. It is all to do with state and federal governent. A state can not cancel a visa only federal goverment can cancel a PR visa under section 501 of migration act. This would apply if have false answers or documents. Your parents applied for WA sponsorship with the intention if moving there, if they didn't due to other circumstances as many people do due to getting a job offer somewhere else etc. PR visas are not easily cancelled and with no condition to live and work in the state there is no provision to cancel it. Our state sponsorship agreement that we signed stated we would live and work in WA for the first 2 years of the visa after it was GRANTED. We have validated the visa but not moved yet as far as I'm concerned our obligation finishes oct 2013, 2 years after visa was granted.

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  • 6 months later...
We have a 176ss visa and there are no conditions on the visa. The change of circumstances form 1022 is only for visa applications that have not been granted, after visa has been granted this form does not apply. This moral obligation has been debated to death over the years and migration agents have stated this also. It is all to do with state and federal governent. A state can not cancel a visa only federal goverment can cancel a PR visa under section 501 of migration act. This would apply if have false answers or documents. Your parents applied for WA sponsorship with the intention if moving there, if they didn't due to other circumstances as many people do due to getting a job offer somewhere else etc. PR visas are not easily cancelled and with no condition to live and work in the state there is no provision to cancel it. Our state sponsorship agreement that we signed stated we would live and work in WA for the first 2 years of the visa after it was GRANTED. We have validated the visa but not moved yet as far as I'm concerned our obligation finishes oct 2013, 2 years after visa was granted.

 

 

 

Does anyone know if employers bother about the visa subclass and the 2 year obligation to stay in a different state than the one the employer is offering job in?

Have you handled it with any employer? Please reply...I am in this situation.

 

Thanks a lot in advance.

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