# Restriction of State Sponsorship (PLS HELP)



## royalequeenbee (Feb 28, 2012)

I am currently confused. We are State Sponsored by SA and currently holding a permanent resident visa. Me and my husband is having a hard time looking for a job here. My relatives in Melbourne is encouraging us to go there already, at least someone will support us and we'll have free accommodation. because we are running out of cash already. Is this possible to transfer since we are permanent resident already? are there penalties or legal actions when we do this? just making sure. thanks


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## jb12 (Jan 27, 2012)

Hi royalequeenbee,

Check out the following web link I found on the internet with a similar issue as you and your husband. 



I'm assuming you and your husband were granted visa 176? If yes, it stated the obligation is a 2 yr requirement. Unless someone on this forum can give a friend or relative's example of having left the state they were sponsored to know the consequences? Would DIAC do a check at towards the 2 yr mark for each person granted this visa? 

However, when and if you and your husband decide to apply for Australian citizenship, DIAC maybe able to uncover information? 

Skilled – Sponsored (Migrant) Visa (Subclass 176)


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## naoto (Jan 8, 2012)

Ring DIAC. If you have compelling reasons (running low on cash, relatives etc) DIAC might wave the 2 years requirement. 
There is a lot of talk this is a moral obligation. You can start working in Melb and later, say 5 years down the road, do the two years in SA. 
Im not sure how this will impact your citizenship application as I'm sure DIAC will check. However a number of people moved from SA to other states and found jobs quickly. Considering job market in SA is probably the worst in Australia.

Also there is there anything standing between you residing in Melbourne and looking for a job in SA?


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## shonawilke (Feb 12, 2012)

royalequeenbee said:


> I am currently confused. We are State Sponsored by SA and currently holding a permanent resident visa. Me and my husband is having a hard time looking for a job here. My relatives in Melbourne is encouraging us to go there already, at least someone will support us and we'll have free accommodation. because we are running out of cash already. Is this possible to transfer since we are permanent resident already? are there penalties or legal actions when we do this? just making sure. thanks


From everything I have read the 2 years is a "moral" obligation, and won't affect your visa, however should you somewhere along the line wish to get Australian citizenship it would be an issue.. That being said I have heard that if you are battling to find a job you can talk to DIAC about it. They are generally lenient about allowing you to leave the state if you cannot find a job in that state without penalising you in the long run. I may be wrong but that is everything I have read


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## bangalg (Apr 22, 2009)

shonawilke said:


> From everything I have read the 2 years is a "moral" obligation, and won't affect your visa, however should you somewhere along the line wish to get Australian citizenship it would be an issue.. That being said I have heard that if you are battling to find a job you can talk to DIAC about it. They are generally lenient about allowing you to leave the state if you cannot find a job in that state without penalising you in the long run. I may be wrong but that is everything I have read


From what you have read, is the process of seeking permission to move out of the state a long and bureaucratic one?


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## shonawilke (Feb 12, 2012)

bangalg said:


> From what you have read, is the process of seeking permission to move out of the state a long and bureaucratic one?


No one has actually said, but I never got the impression that it was. Don't believe I have seen that asked before so possibly has not been an issue.


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## jimmyver (Mar 15, 2012)

Hi friends, I also have the similar prob like "royalequeenbee" suppose if I get a job offer from state other than SA, and ask for SA govt aproval to move out of state. how long it takes?


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## royalequeenbee (Feb 28, 2012)

I actually stayed here in SA for 3months now. but unfortunately, i only have a part time job which is 20 hours fortnightly. how could i save up for the future with that unstable/unsecured job?

it is really difficult to find a job in the sciences here. Luckily, i got a full time job offer from a laboratory in Melbourne. that is my dream job too.. and i cannot afford to miss and turn down the opportunity. so i accepted the offer, notified the SA gov. their only reply is that they are still reminding me that i signed a declaration that ill stay here for 2 years and they said that i should still use the resources here in SA so i can able to find a full time job. but when will that happen? when all the chances have been missed out. there are no statements saying about any consquences and penalties. my uncle who's studying immigration law said that there's still no law created for that case.

so i am taking the risk, since i also read on one website of immigration lawyers based in Melbourne that, those 2 years stay condition is not imposed on Permanenst resident visa holders. that is how i decided to move in melbourne.


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## mandand (Aug 28, 2012)

hi royalqueenbee, did you inform SA regarding your move?


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## royalequeenbee (Feb 28, 2012)

mandand said:


> hi royalqueenbee, did you inform SA regarding your move?


hi,

yes i did inform them. i even go to DIAC office to ask if it will have an impact once i apply for citizenship, they said that it has no effect.


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## borntobeaussie (Nov 30, 2011)

Is it a problem if u apply for a job in some other state while u are sponsored by SA. Do u have to inform ur employer abt it?


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## Guest (Sep 6, 2012)

You have to inform, rather ask permission from the sponsoring state. They would not likely refuse unless you have not even tried to get a job in the state. They don't want to see people unemployed due to being unable to find work.


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## borntobeaussie (Nov 30, 2011)

_shel said:


> You have to inform, rather ask permission from the sponsoring state. They would not likely refuse unless you have not even tried to get a job in the state. They don't want to see people unemployed due to being unable to find work.


Thats fine. But say if an employer in NSW knows that I have an SA sponsored PR, will they have an issue with that


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## Guest (Sep 6, 2012)

Most employers won't care, they just want to see what work rights you have that they won't get fined for employing you. Which they will not in this case.


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## oz_sg10 (Aug 31, 2010)

_shel said:


> Most employers won't care, they just want to see what work rights you have that they won't get fined for employing you. Which they will not in this case.



this is not the case always - both employers who offered me asked for the visa details, when I said it is a 176, asked me what are the conditions, and if it is state sponsored - which state etc.. so they are likely to question


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## Guest (Sep 6, 2012)

Which is why I said most employers not all employers. Perhaps you were unlucky because I have seen many people get jobs in other states without an issue or questions from the employer. Most employers simply do not want to incur fines and bad press which can harm their business. Companies do not get fines for hiring people on 176 from another state so often not a worry for them.


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## oz_sg10 (Aug 31, 2010)

_shel said:


> Which is why I said most employers not all employers. Perhaps you were unlucky because I have seen many people get jobs in other states without an issue or questions from the employer. Most employers simply do not want to incur fines and bad press which can harm their business. Companies do not get fines for hiring people on 176 from another state so often not a worry for them.


looking at the way rules are changed every year, it is not very hard for DIAC to enforce this and track those people who changed states without notifying the respective states that sponsored them. Otherwise people will apply for states that they qualify for and then move to those which they reeally want to live in. DIAC would obviously know that this moral obligation is a bit of a loophole in the system, and they can make it legal whenever they want to. So I would definitely not recommend anyone to do this.


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## Kangroo (Jul 6, 2011)

royalequeenbee said:


> I actually stayed here in SA for 3months now. but unfortunately, i only have a part time job which is 20 hours fortnightly. how could i save up for the future with that unstable/unsecured job?
> 
> it is really difficult to find a job in the sciences here. Luckily, i got a full time job offer from a laboratory in Melbourne. that is my dream job too.. and i cannot afford to miss and turn down the opportunity. so i accepted the offer, notified the SA gov. their only reply is that they are still reminding me that i signed a declaration that ill stay here for 2 years and they said that i should still use the resources here in SA so i can able to find a full time job. but when will that happen? when all the chances have been missed out. there are no statements saying about any consquences and penalties. my uncle who's studying immigration law said that there's still no law created for that case.
> 
> so i am taking the risk, since i also read on one website of immigration lawyers based in Melbourne that, those 2 years stay condition is not imposed on Permanenst resident visa holders. that is how i decided to move in melbourne.


Could you please share if you received and completed any 6 months monitoring surveys from SA after you moved to Melbourne? 

Thanks for sharing.


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## mab_1981 (Dec 27, 2014)

May i know what was the ending of the story?
How did it go eventually?

Did it affect your legal status or citiznship?

Thanks


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## karenkini (Aug 31, 2016)

royalequeenbee said:


> hi,
> 
> yes i did inform them. i even go to DIAC office to ask if it will have an impact once i apply for citizenship, they said that it has no effect.


Hi royalequeenbee, I know this is a very old post but would appreciate if you could provide updates since your last move from Adelaide to Victoria?


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