# Working in a state other than the one which sponsored 190



## sk20 (May 26, 2015)

Hello All,
Is it possible to work in a state other than the state which offered the 190 Visa ? Or is there a workaround which can be used like deputation etc. to cater to such scenario ??

Pls help !!


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## Maggie-May24 (May 19, 2015)

Your 190 visa doesn't come with any legal conditions that require you to stay in the nominating state. That's a moral obligation. If you move, your visa will not be affected.


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## kaivalya (Feb 11, 2015)

very correct. My agent told that I can move out of the nominated state to another state the very next day I land in Oz, only if I have a job offer in my hand.

___________________________________________________ _ _______
Skilled - Subclass 190 | Developer Programmer - 261312

14/02/2015 - ACS App. Submitted
19/02/2015 - ACS +ve Outcome
01/05/2015 - IELTS Results (L-6, R-7, W-6.5, S-6 | Overall - 6.5)
08/05/2015 - EOI Submitted for NSW with 55 pts + 5 pts(State Nomination)

Next Steps
XX/08/2015 - NSW Invite | :crutch:
XX/08/2015 - Application for NSW nomination submitted | :crutch:
XX/10/2015 - SkillSelect Invitation to apply for 190 visa | :crutch:
XX/10/2015 - 190 visa application to DIBP | :crutch:
XX/12/2015 - PCC | Health | Documents uploaded | :crutch:
XX/12/2015 - Case officer assigned
XX/12/2015 - Visa Grant | :crutch: _


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## ipshita (May 12, 2015)

is this applicable for 189 visa aswell as the occupation is in CSOL and it says to compete 2 years in that state or complete 1 year of job their and then the person can move anywhere.


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## sk20 (May 26, 2015)

Maggie-May24 said:


> Your 190 visa doesn't come with any legal conditions that require you to stay in the nominating state. That's a moral obligation. If you move, your visa will not be affected.



Thanks a ton Maggie and Kaivalya for your responses.
However, the state nomination mail clearly states the below as condition for nomination :-

" You and your dependants intend to live in SA for at least two years. You understand that this two year commitment commences from the time that you arrive to live in Australia."


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## apatnia (May 9, 2015)

sk20 said:


> Thanks a ton Maggie and Kaivalya for your responses.
> However, the state nomination mail clearly states the below as condition for nomination :-
> 
> " You and your dependants intend to live in SA for at least two years. You understand that this two year commitment commences from the time that you arrive to live in Australia."


hi,

I am in process of 190, NSW sponsored and Visa application Lodgement done.

As far as I know and read on various threads, we are under a moral obligation to work and Live in NSW for 2 years, else our PR would be endangered.

I stand corrected, if anyone thinks otherwise, probably the person who has been nominated by a state and then left the state to work for other state after landing, would be ideal person to answer this.

Form what I know, it is a "understood" obligation.

Amit


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## Jeeten#80 (Mar 26, 2015)

Your are supposed to LIVE and WORK in the sponsored STATE for initial 2 years, as due to shortage of skilled resources they have sponsored you.


IF you are unable to secure a JOB relating to your Occupation code, THEN you can share those details with your CO/IMMI dept and move to another state where you could/may secure a job easily.


One of my Friends has done this in 2013.


BUT you don't know the long term implications of this in terms of Citizenship.





sk20 said:


> Hello All,
> Is it possible to work in a state other than the state which offered the 190 Visa ? Or is there a workaround which can be used like deputation etc. to cater to such scenario ??
> 
> Pls help !!


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## ozbound12 (Mar 23, 2012)

Jeeten#80 said:


> Your are supposed to LIVE and WORK in the sponsored STATE for initial 2 years, as due to shortage of skilled resources they have sponsored you. IF you are unable to secure a JOB relating to your Occupation code, THEN you can share those details with your CO/IMMI dept and move to another state where you could/may secure a job easily. One of my Friends has done this in 2013. BUT you don't know the long term implications of this in terms of Citizenship.


There are no implications in terms of citizenship.


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## Jeeten#80 (Mar 26, 2015)

IF anyone moves out the sponsored STATE without informing the concerned STATE, DIBP or CO...what happens THEN?


As by doing so that person has violated the Visa condition.


Still there wouldn't be any issues?




ozbound12 said:


> There are no implications in terms of citizenship.


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## ozbound12 (Mar 23, 2012)

Jeeten#80 said:


> IF anyone moves out the sponsored STATE without informing the concerned STATE, DIBP or CO...what happens THEN? As by doing so that person has violated the Visa condition. Still there wouldn't be any issues?


No. As a permanent resident you can live and work anywhere in Australia. The agreement is with the state and not DIBP. Not living in the sponsoring state is not a violation of any visa condition imposed by DIBP. But you should at least attempt to settle in the sponsoring state and fulfil the two year residence period.


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## Ben-HH (Jan 8, 2015)

sk20 said:


> Hello All,
> Is it possible to work in a state other than the state which offered the 190 Visa ? Or is there a workaround which can be used like deputation etc. to cater to such scenario ??
> 
> Pls help !!


The immi website states the following:

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

Residential requirement

There could have been some residential conditions that were specified by the relevant state or territory government in your nomination. Contact the state or territory government for more information."_

To me it appears that there could but not necessarily has to be a condition which you have to comply with.
If I would be in your shoes I would always check with the imm department before I would move to another state. Just to avoid any possible implications...

Cheers


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## Maggie-May24 (May 19, 2015)

As I posted earlier, when you get your 190 visa you will not find anywhere on it a condition that requires you to live in any particular area of Australia (unlike a 489 visa which would have a condition that requires you to live only in a designated regional area, etc.).

Some states are making the sponsorship more difficult by limiting 190 sponsorships or putting in additional criteria for sponsorship (e.g. SA often requires applicants to already have worked/studied in the state, QLD often requires applicants who already are in Australia to provide evidence of a job offer in the state, NT often refuses to sponsor 190 visas and instead offers a 489 visa, etc.) And it's possible states may crack down more by complaining to DIBP and asking for PR visas to be cancelled. But this doesn't happen at the current time.

So there is currently no legal requirement for you to set foot in the sponsoring state, and it currently will not affect your ability to apply for citizenship.


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## kaivalya (Feb 11, 2015)

My agent just told me that you can move out of the state other than sponsored in 190, if you have job offer of that state in your hand. Only condition is to inform the State Department and take their permission letter.


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## simi1212 (Aug 22, 2013)

When you say "unable to secure a job in state where we obtained sponsorship" is it also applicable to show the sponsored state government the applications that we made staying in India or does it consider only those that we apply after migrating to that place?
My Situation:
Located in Bangalore - India
Have obtained SS from Victoria but not seeing many openings for my profile in Melbourne. Have been applying for those that are there.
I can see many openings in NSW which i have not applied so far because i am confused as I'm obligated to stay in Vic.



Jeeten#80 said:


> Your are supposed to LIVE and WORK in the sponsored STATE for initial 2 years, as due to shortage of skilled resources they have sponsored you.
> 
> 
> IF you are unable to secure a JOB relating to your Occupation code, THEN you can share those details with your CO/IMMI dept and move to another state where you could/may secure a job easily.
> ...


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## Jeeten#80 (Mar 26, 2015)

You might want to check this with the concerned STATE.




simi1212 said:


> When you say "unable to secure a job in state where we obtained sponsorship" is it also applicable to show the sponsored state government the applications that we made staying in India or does it consider only those that we apply after migrating to that place?
> My Situation:
> Located in Bangalore - India
> Have obtained SS from Victoria but not seeing many openings for my profile in Melbourne. Have been applying for those that are there.
> I can see many openings in NSW which i have not applied so far because i am confused as I'm obligated to stay in Vic.


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## abcd11223344 (Jul 13, 2015)

*confused*

hi guys,

this case has been happening since a long time, can you please advise ? i have received VIC SS subclass 190 visas. however, i m currently in nsw sydney.

could i live in another state on subclass 190 visas please advise?


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## JP Mosa (Mar 14, 2013)

simi1212 said:


> When you say "unable to secure a job in state where we obtained sponsorship" is it also applicable to show the sponsored state government the applications that we made staying in India or does it consider only those that we apply after migrating to that place?
> My Situation:
> Located in Bangalore - India
> Have obtained SS from Victoria but not seeing many openings for my profile in Melbourne. Have been applying for those that are there.
> I can see many openings in NSW which i have not applied so far because i am confused as I'm obligated to stay in Vic.


Clear "NO"

They are least bothered about your job trials offshore, provide proof of all your job trials onshore with in certain time period.

More of this moral and legal singing will not work.

Reason why recently certain states mention that "No Letter of releases"

So check with VIC,explain them and see.


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## naga_me87 (Oct 23, 2015)

I would like to add my opinion here. 

I have seen many people saying that there are no conditions on the 190 visa that says that you have to stay in the sponsored state for at least two years. 

What people are not understanding is that, there need not be these conditions written on the visa as the *"190 visa by itself is a conditional PR visa". *

The 190 visa will be granted only if you had agreed to live in the sponsored state for minimum 2 years. 

"If you got 190 visa then it means you had already agreed for this condition" *"So it will be foolish to say that there are no written conditions on 190 visa that you have to stay in the sponsored state for 2 years" *


If there are unavoidable situations to move to a different state, then put a request to the sponsored state and they will most likely release you. But remember not to say that there are no written conditions on visa, as this will annoy the officials and they might not agree to release you. 

Suggestion for people who are aspiring to get Australian PR is, apply for 189 PR visa which is unconditional so that you can stay anywhere in Australia.


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## naga_me87 (Oct 23, 2015)

ankitsan said:


> hi guys,
> 
> this case has been happening since a long time, can you please advise ? i have received VIC SS subclass 190 visas. however, i m currently in nsw sydney.
> 
> could I live in another state on subclass 190 visas please advise?


Did you inform your state about this ? They will send a survey every 6 months and if they come to know that you are not in the sponsored state then you will be in trouble. There are no cases reported so far where their visa was cancelled because of this reason but we should not take any chance.

At least, if you had informed your sponsored state before you moved then its safe.


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## swapz (Jul 13, 2016)

Hi Guys,

I have a question, although this may have been discussed a lot. My PR is SA sponsored so ideally I need to live there for 2 years. However I plan to first land in Sydney and work there for couple of months to gain local experience since I might get a job there very soon. After couple of months say 2-3 months I would move to Adelaide and fulfill my 2 years commitment. Would it still be considered a violation and would my citizenship application in future be affected? I love the laidback lifestyle of Adelaide really would like to live there atleast for 2 years but not be immediately and that way I want to fulfill my commitment.


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## NaWin (Sep 8, 2015)

Hello All,


Background :
I have got 190 PR from Melbourne due to work reasons I am forced to stay in Sydney. Now I got married and have applied for subclass 309 for my wife (offshore). I have brought her to Australia on a tourist visa and she is living with me in Sydney at the moment. I am about to submit all the documents needed for the partner visa. 
My question : 
Since I have got PR with VIC sponsorship but I am living in Sydney and all the records for myself and my wife are in Sydney address, would there be a problem if I submit docs with Sydney address as a proof of our relationship ?


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## marc1988 (Feb 12, 2017)

*ACT release letter？*

Hi, all 
I asked ACT government for a release letter after 1.5 years of living in Canberra.
This is what they replied:
"
Thank you for your response.

As the decision to move to another State/Territory is an individual personal choice the ACT Government do not give any form of formal release.

Although Home Affairs will be informed in our normal 6 monthly reporting the obligation to reside in the ACT is not a visa condition and therefore it is highly unlikely that there will be any effect regarding your visa if you move interstate.

The criteria for citizenship is set by Home Affairs which you would have to meet at the time of eligibility.

Once you have a confirmed date of leaving Canberra please let me know so that I can close your record."

Should this reply count as a less formal release letter ?

Thank you very much!


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## pcdfrost (Sep 30, 2018)

I think the letter is pretty self explanatory. They do not issue release forms. As they have indicated, residing in the state is not a legal requirement of the visa. What many forget is that when accepting state nomination there is a moral obligation to stay in the state, not a legal obligation. 

They also make reference to citizenship requirements. One should also take note that when it comes to applying for citizenship later on, the fact that you withdrew from your agreement to reside in the sponsoring state can be held against you when it comes to making a decision.


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## krishnaprasaderumodi (May 5, 2019)

Hi all

It's been a couple of years since the last post. So I expect someone might be able to share his/her experience on the same. 

I am right now in a similar situation. I am sponsored by NSW, and while I was awaiting my visa grant, I thought of applying for a couple of jobs in NSW. 

I found one vacancy in Sydney and applied for the same. The company was interested in my profile and invited me for a couple of interviews as well. After the interview, they have asked me to join their office in Western Australia. 

I have informed them during my first interview about my visa condition to live and work in NSW for at least 2 years. The company had a discussion with their migration agent and replied that it is ok to live/work in a different state and they are ready to write a letter to the state government regarding the same. 

The job opportunity offered by the company fits perfectly well with my profile and I really loved the kind of works they are involved in. Plus I felt the company culture is quite good based on reviews and interactions with the employees.

At the same time, I also don't wanna jeopardise my PR, as well as chances of being an Aus citizen in future. During my 190 application, my intention was not to violate any visa condition and I have not applied for a single job outside of NSW. I have even got more friends and relatives in NSW, than in WA. 

Can anyone help me over here on this issue? I'm in a serious dilemma right now and can't figure out what to do.


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## NB (Mar 29, 2017)

krishnaprasaderumodi said:


> Hi all
> 
> It's been a couple of years since the last post. So I expect someone might be able to share his/her experience on the same.
> 
> ...


Apply to nsw enclosing the offer letter of the company
If the company has a branch in Sydney, ask them to make a request to the government to release you from the bond and enclose that also with your application 

That’s all I can think of

Cheers


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## krishnaprasaderumodi (May 5, 2019)

NB said:


> Apply to nsw enclosing the offer letter of the company
> If the company has a branch in Sydney, ask them to make a request to the government to release you from the bond and enclose that also with your application
> 
> That’s all I can think of
> ...


Thanks NB for the reply. Hope such transfers are possible.


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## mohul (Aug 4, 2017)

how much time does it take for government to respond to your application for release?


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## NB (Mar 29, 2017)

mohul said:


> how much time does it take for government to respond to your application for release?


The chances of getting a release are negligible 
You can apply and wait for reply which may never come also
You cannot put a time frame 

Cheers


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## krishnaprasaderumodi (May 5, 2019)

krishnaprasaderumodi said:


> Thanks NB for the reply. Hope such transfers are possible.


Hi

Are you aware of the mail id to send these request to the NSW govt? I found a mail id skilled.migration 'at' treasury.nsw.gov.au. Not sure whether this is correct. 

Sent from my ONEPLUS A5010 using Tapatalk


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## NB (Mar 29, 2017)

krishnaprasaderumodi said:


> Hi
> 
> Are you aware of the mail id to send these request to the NSW govt? I found a mail id skilled.migration 'at' treasury.nsw.gov.au. Not sure whether this is correct.
> 
> Sent from my ONEPLUS A5010 using Tapatalk


That’s correct
Just don’t expect a response
NSW has made it very clear on their website that they don’t issue release letters and they expect the applicants to honour their commitment 

Cheers


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