# Obligation of 176 VISA



## qirat (Apr 18, 2012)

Dear All,

As you know that there is a condition of living and working for initial 2 years in a State which has sponsored you for your visa subclass 176. 

My question is what can happen, if anyone does not live and work for initial 2 years in that particular state that he/she has been sponsored from??

Waiting for your comments on it. thanks!!


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## Guest (Apr 19, 2012)

Do you have a sponsored 176 visa?


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## hahamed (Apr 7, 2011)

clearly written on *DIAC website*, and must be there in you SS contract with State.

Good luck

*************************************************************
Main applicant and secondary applicant obligations
1. You and any secondary applicants must comply with all Australian laws as permanent residents.

2. If you are nominated by a State or Territory government, you need to agree to: 

•remain in the State or Territory for a period of at least two years 
•keep the State or Territory government informed of changes in address details before and after arrival
•be prepared to complete surveys and provide information as required. 
Before lodging an application, please read all related obligation requirements.


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## qirat (Apr 18, 2012)

_shel said:


> Do you have a sponsored 176 visa?


Yup..any issues??


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## dsn (Jun 18, 2011)

qirat said:


> Dear All,
> 
> As you know that there is a condition of living and working for initial 2 years in a State which has sponsored you for your visa subclass 176.
> 
> ...


Yes.
U have to live min of 2 yrs in sponsor state.


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## atsurti (May 20, 2011)

qirat said:


> Dear All,
> 
> As you know that there is a condition of living and working for initial 2 years in a State which has sponsored you for your visa subclass 176.
> 
> ...


It is a moral obligation to live in a state rather than a legal one. I reckon, in Australia, a moral obligation is almost as good as a legal one though. 

If one does not want to live in the state and just got the sponsorship for the sake of getting the visa then they have stolen a slot from someone who really wanted to live and work in the state. It's definitely not right.

Apparently, the DIAC and the states' computer systems are strongly connected and they definitely share data. So if someone enters Oz and lives in another state, the sponsoring state would eventually come to know.

The issue might be taken up during grant of RRV or citizenship as well and who knows they might add a rule in the future that such violators should be sent home!!


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## shonawilke (Feb 12, 2012)

AFAIK from what I have heard it is a moral obligation really however that being said it can affect citizenship. People who go to a state and really battle to find work, and I mean giving evidence of how they have looked, etc, can apparently apply to that state to have the conditions of their visa waived in which case if they grant it, it should give you then the right to live and work elsewhere. This is what I have heard but I am not a migration agent so don't know if it is 100% accurate.


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## V2S4R (May 11, 2009)

What if a person got 176 visa in One state and do the contract work for short term in other state without relocating to that state?

For example: one would get 176 from Victoria state. He/she would get contract in NSW state for 4-6 months. He/she just travel every weekend or alternative weekends to Victoria from work, as his/her permanent home in Victoria state. 

Does the obligation still apply with this kind of situation?

Cheers


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## hahamed (Apr 7, 2011)

at least my WA SS Agrrement it is written *LIVE & WORK* in WA for 2 years

not sure about VIC SS Agreement


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## V2S4R (May 11, 2009)

In this example, I mean the person would be live in the same state (Vic) and payroll company also pay the salary from the same state(Vic) and only work for a company in NSW on contract.


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## shonawilke (Feb 12, 2012)

vangareddy said:


> What if a person got 176 visa in One state and do the contract work for short term in other state without relocating to that state?
> 
> For example: one would get 176 from Victoria state. He/she would get contract in NSW state for 4-6 months. He/she just travel every weekend or alternative weekends to Victoria from work, as his/her permanent home in Victoria state.
> 
> ...



It will be fine I would think if your 176 just says live in the state. This is what was on mine for Victoria:
Conditions of Victorian Government sponsorship
1. You and your dependents intend to live in Victoria for at least two years.
2. You have sufficient financial resources to support yourself and your dependents.
3. You understand that all decisions concerning eligibility for migrant visas are the responsibility of DIAC. 
4. You understand that the Victorian Government is not responsible for finding employment, accommodation, or providing financial or establishment assistance to you or your dependents. 
5. You understand that sponsorship is provided with the following conditions:
· You agree to advise the Victorian Government of your DIAC visa application outcome and migration plans.
· You must continue to meet my DIAC visa conditions whilst in Australia.
· You will advise the Victorian Government of your contact details prior to arriving in Victoria as well as after arriving for a period of two years from that time, including updating contact details (e.g. telephone number and address).
· You understand that the Victorian Government may contact you in relation to your sponsorship at any stage during the period of your visa, and that you will complete surveys if requested by the State, including a survey upon arrival and at six monthly intervals for the two years after arrival.

HTH


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## mimran (Aug 11, 2011)

dsn said:


> Yes.
> U have to live min of 2 yrs in sponsor state.


In case of NSW, we have to live first 2 years in the state


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## atsurti (May 20, 2011)

vangareddy said:


> In this example, I mean the person would be live in the same state (Vic) and payroll company also pay the salary from the same state(Vic) and only work for a company in NSW on contract.


The states basically give sponsorship to boost their economy, bring business to the state. If you are working out of the sponsored state then the state is not being benefitted. You should be living and working in the sponsored state.

Do you mean taking a contract to work on weekends in another state and on weekdays work in the sponsored state?


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## V2S4R (May 11, 2009)

atsurti said:


> The states basically give sponsorship to boost their economy, bring business to the state. If you are working out of the sponsored state then the state is not being benefitted. You should be living and working in the sponsored state.
> 
> Do you mean taking a contract to work on weekends in another state and on weekdays work in the sponsored state?


Working on week days only, but payroll will be running by Vic state company.
So that tax will be paid to the state where you live.

Cheers


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## OzWay (Mar 1, 2012)

I am sponsored by SA but will be living my initial 2 months in VIC. I will not be working in VIC though during this period. Is this fine with SA? when exactly does the 2-year commitment starts - right from initial entry or the first job?


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## qirat (Apr 18, 2012)

I am on 176 VISA with sponsorship from SA. Is it possible if I find work in NSW and start my job there initially and keep on finding work in SA and later move to my sponsored state whenever I find employment in South Australia.


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## naoto (Jan 8, 2012)

Yes it is possible. However remember once you are working in NSW it will be very very hard to get into SA. Mainly because SA is so small, job market wise, that they will rarely take anyone from any other state, they prefer quick hire of locals.


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## qirat (Apr 18, 2012)

How is the Telco Job Market in South Australia?? Any idea?


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## qirat (Apr 18, 2012)

I would be moving to South Australia next month and wondering when I would be able to grab Job in Telco field? Is it possible to get job within short span of time..Any idea??


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## firedragon (Mar 31, 2012)

May I just add another question here? What if I live as a resident in the sponsoring state for two years but travel around the country the whole time, without changing my residential address? Would it be sufficient to have a residential address in the sponsoring state if there is no work obligation involved in the visa?

Kind regards.


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## Guest (May 20, 2012)

firedragon said:


> May I just add another question here? What if I live as a resident in the sponsoring state for two years but travel around the country the whole time, without changing my residential address? Would it be sufficient to have a residential address in the sponsoring state if there is no work obligation involved in the visa?
> 
> Kind regards.


Skilled – Sponsored (Migrant) Visa (Subclass 176)

_1. You and any secondary applicants must comply with all Australian laws as permanent residents.

2. If you are nominated by a State or Territory government, you need to agree to:

*remain in the State or Territory for a period of at least two years*
*keep the State or Territory government informed of changes in address details before and after arrival*
be prepared to complete surveys and provide information as required._


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## firedragon (Mar 31, 2012)

_shel said:


> _1. You and any secondary applicants must comply with all Australian laws as permanent residents.
> 
> 2. If you are nominated by a State or Territory government, you need to agree to:
> 
> ...


Shel, thanks for replying, but it is not helpful in this case. Of course I have read the visa conditions et cetera. But there's a difference in asking, "what are the obligations of the 176 visa?" and asking "does having a residential address in the sponsoring state meet the requirement of 'remaining' in the state?"

Again, is it sufficient to have a residential address in the sponsoring state for two years upon arrival? How would they otherwise ensure you don't leave the state? In addition, how should it work in the first place? They cannot forbid to visit your family in Europe, they cannot stop you from visiting a friend in another state, they cannot stop you from traveling et cetera, can they? In my view, the obligation to remain in the state solely refers to one's residential address which should be within the sponsoring state for at least two years upon arrival. Can someone confirm that please?


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## teejay212 (Aug 20, 2010)

Firedragon, 

In my opinion I think you are trying to play with words - what state is sponsoring you and what state are you wanting to work in - please be specific ??


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## firedragon (Mar 31, 2012)

Teejay, well I'm just trying to find out what the obligations mean exactly. I know what the obligations are, but I wonder how they are enforced and what they mean *exactly*. The problem with the obligations stated on the DIAC website is that they are vague and leave room for interpretation. My interpretation is that everything corresponds to the residential address issue and the obligation to fill out the surveys. 

I'm not on a visa right now, I'm just checking my options. My plan is to go for a 175, but the 176 could be a "plan b" option. The only thing that worries me is that when going for a 176, I might not be allowed to travel. So again, how is this "remain in the state" thing interpreted by DIAC when there's nobody checking whether or not you live in the state? I mean, they will not equip you with a personal GPS to check your location, will they? Also, what if I establish a company in the sponsoring state but the company acquires a contract with a client from another state where on-location work is involved?

"Remain in the state" could mean "remain in the state physically and do not leave", which in my opinion would be an invasion of one's personal freedom. But it could also mean to have a residential address in the appropriate state so they can mail you the survey forms and make sure your residence is actually in the sponsoring state, while you are still free to go anywhere, as long as you keep your address and fill out the surveys.

In my view, the 176 is not made to put you in chains, but to ensure you contribute to the state's advancement in one or the other way. Again, that would not mean you can't travel around Australia as long as you wish. If I realise my plans to establish a company I might even have to travel to acquire clients and business partners. To cut a long story short: Am I allowed to travel around Australia for as long as I want in the first two years as long as I keep my residential address and fill out the surveys? I don't know how to express it in another way, but I hope my intention is clear now.


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