# Clarification over VISA Subclass 190



## Maniya (Jun 8, 2014)

Hi All,

I have obtained an Invitation to apply under VISA subclass 190 to South Australia. However, there are certain concerns that I need to clarify. 

Hope someone can help me over the following concerns;

- Will I be able to apply for jobs in Other States?
- How long do I need stay in South Australia? Can I stay in a Different state? What are the consequences if I stay in a different state?
- Is it mandatory for the family also to stay in South Australia?

Can someone please clarify me over these concerns. Will be a great help. 

Thanks in advance.


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## NB (Mar 29, 2017)

Maniya said:


> Hi All,
> 
> I have obtained an Invitation to apply under VISA subclass 190 to South Australia. However, there are certain concerns that I need to clarify.
> 
> ...


As per rules, you have to spend the initial 2years atleast living and working in the state that has sponsored you

I am told that it is just a moral and ethical requirement at the moment and is not enforced.
No case has come to the knowledge of any of the forum member where any action was taken against an applicant for violating the same, although many are doing it

Not enforcing at the moment does not mean that they can't do so in the future.
The rules may change or the existing rules may be strictly enforced, Cannot be predicted.
If they decide to enforce it strictly and the state finds that you are living in another state within the initial period , they may take action as permissible under the law which may also include cancellation of the PR

These are uncertain times 

In my opinion the restrictions would only be on the primary applicant and not on the family members, but do recheck

Cheers


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## vincyf1 (Jul 19, 2017)

I agree with Newbienz but one thing I have a different POV is: 

I would think that the 2 year State restrictions would also apply to the Family members as they would be granted PR as dependents to the Primary applicant. 

Moreover, keeping the family in a different state and the primary application living in another state will only increase Expenses for Accommodation, Travel, etc. 
Not a wise decision IMHO.


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## Maniya (Jun 8, 2014)

newbienz said:


> As per rules, you have to spend the initial 2years atleast living and working in the state that has sponsored you
> 
> I am told that it is just a moral and ethical requirement at the moment and is not enforced.
> No case has come to the knowledge of any of the forum member where any action was taken against an applicant for violating the same, although many are doing it
> ...


Thanks a lot Newbienz. Very much appreciated. Yeah, I think we should not take a chance at this time. Agree with you.


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## Maniya (Jun 8, 2014)

vincyf1 said:


> I agree with Newbienz but one thing I have a different POV is:
> 
> I would think that the 2 year State restrictions would also apply to the Family members as they would be granted PR as dependents to the Primary applicant.
> 
> ...


Thank you Vincyf1. Yeah, agree with you over your opinion. But this will be a temporary arrangement until I settle down which I'm thinking of.

BTW any idea Vincyf1 where I can get the clarification. Do I need to write to immigration,Australia on this matter.

Can anyone please help me over this...... 

Thanks & Best Regards,

Maniya


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## Welshtone (Mar 16, 2017)

Maniya said:


> Thanks a lot Newbienz. Very much appreciated. Yeah, I think we should not take a chance at this time. Agree with you.


Hi 

You sign an undertaking that you intend to reside in the sponsoring state for the first 2 years of your permanent visa. 

If Immigration got proof that you never intended to reside in that State, then technically, they could say that undertaking provided to the State Government was a false document and could consider cancelling your permanent visa- never happened yet, but you do not want to risk it.

I would move to the sponsoring State, family as well, - if after say 3 months you are not settled there, then all bets are off and you can go and live in any part of Australia, in the knowledge that your visa will never be cancelled. there is no condition on your visa like the 489 visa, so it is just a question on whether you really did intend to live for the 1st 2 years in the sponsoring state when you signed their undertaking.

Taking it a step back, it would be really difficult to prove that on the day you signed the undertaking, you did not truthfully intend to live in the sponsoring State - so I am quite comfortable in advising people that it is a moral obligation and the chances of anything problmmatic happening are close to zero - unless they got copies of forum posts that indicated I may never intended to move there 

Regards

tony


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## vincyf1 (Jul 19, 2017)

Maniya said:


> Thank you Vincyf1. Yeah, agree with you over your opinion. But this will be a temporary arrangement until I settle down which I'm thinking of.
> 
> 
> 
> ...




Yes, DIBP would be the best people to advise. You can also contact a Migration Agent for his/her legal opinion. 

I hope some members in the community also may be able to respond to your questions.


Sent from my iPhone using Tapatalk


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## JP Mosa (Mar 14, 2013)

Maniya said:


> Hi All,
> 
> I have obtained an Invitation to apply under VISA subclass 190 to South Australia. However, there are certain concerns that I need to clarify.
> 
> ...




Good luck


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## espionage (Jul 15, 2017)

Can I apply multiple application in EOI for other state nomination?


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## JP Mosa (Mar 14, 2013)

espionage said:


> Can I apply multiple application in EOI for other state nomination?


multiple EOIs?


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## NB (Mar 29, 2017)

espionage said:


> Can I apply multiple application in EOI for other state nomination?


You can have multiple states in one EOI or multiple EOIs with one for each state

Both are legally allowed

You can do as per your convenience 

Cheers


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## Maniya (Jun 8, 2014)

JP Mosa said:


> Good luck


Thanks a Lot JP Mosa.


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## Maniya (Jun 8, 2014)

Welshtone said:


> Hi
> 
> You sign an undertaking that you intend to reside in the sponsoring state for the first 2 years of your permanent visa.
> 
> ...


Thanks a lot Tony. I'm just thinking of options before applying for the VISA under the invitation. That is the informal acceptance of the state undertaking. Again, thank you and much appreciated.

Best Regards,

Maniya


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## mail2samya (Dec 8, 2017)

Hi
You need to spend atleast 2 yr in nominated state but if you face financial difficulty then you can approach DIBP to approve relocation.You need to provide sufficient details that you ve tried for job in nominated area like application status in seek.com


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