# [Visa 190]Evidence to be submitted for state release of 2 years commitment request



## Bingoo (May 13, 2019)

I got visa 190 onshore 4 months ago from VIC after living in Melbourne since July 2018. I am working in my nominated job since then however the business started to decline in Victoria and redundancy is imminent (already started in the team!).

I tried to find work here but as the business is declining I could not find anything suitable. Meanwhile I got a job offer from WA. 

I sent to the state discribing my situation and requested to be released of the two years obligation period as I need to move to WA for work to keep my career and family as we are a single income family. 

The state replied a very generic reply stating that "As you will remember part of your migration application required you to commit to living in Victoria for two years. Your agreement to this commitment was a primary reason why you were granted a visa to Australia and you signed a declaration in this regard."........ It is simply repeating what I mentioned in my email to them off being aware of the commitment! 

So, now what should I do? Reply to them with emails of my attempts to attend interviews and the offer I got from WA? or what other evidence should I provide to get such a release l, if it alre me exists? Any similar experience?


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## NB (Mar 29, 2017)

Bingoo said:


> I got visa 190 onshore 4 months ago from VIC after living in Melbourne since July 2018. I am working in my nominated job since then however the business started to decline in Victoria and redundancy is imminent (already started in the team!).
> 
> I tried to find work here but as the business is declining I could not find anything suitable. Meanwhile I got a job offer from WA.
> 
> ...


It’s very difficult to get an official release 
Try to give the details of the various interviews you gave and the response you got and the job offer from WA

Can’t think of anything else
Not sure if anybody actually got a waiver in writing from vic

Cheers


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## hamidd (Oct 13, 2018)

I am sorry to ask irrelevant question:

Do you mean your company business is declining, or in general the business in Melbourne is declining for all companies? So, would it be hard for any new immigrant to find a job opportunity in Melbourne?


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## FFacs (Jul 6, 2016)

Bingoo said:


> I got visa 190 onshore 4 months ago from VIC after living in Melbourne since July 2018. I am working in my nominated job since then however the business started to decline in Victoria and redundancy is imminent (already started in the team!).


To be fair I can see where they are coming from. 4 months back you gave a commitment, and now you are basically saying it's not possible for you to live there. Circumstances can change, but yours haven't that much. Were you wrong when you said that Melbourne is a place you can make your home? Why? Did you misjudge the market for your profession? Has there been a crash in the market? Surely you can't have assumed that you'd stay in the same job?

In our lives we go through cycles, and sometimes we might find ourselves without work. That is something to be expected, and part of planning your life somewhere. I think they're unlikely to give you "permission". You made a commitment, a sober commitment with, one would assume, all facts at hand that made the commitment an informed one.

Sorry if this comes across as harsh, but I think the migrant population needs to rethink their position on this 190 commitment. To many it seems to be "I commit to wanting to stay in your state, but will move if it's tough to find a job". If it's going to be so hard to find a job, you really can't commit, and perhaps you shouldn't.


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## Bingoo (May 13, 2019)

hamidd said:


> I am sorry to ask irrelevant question:
> 
> Do you mean your company business is declining, or in general the business in Melbourne is declining for all companies? So, would it be hard for any new immigrant to find a job opportunity in Melbourne?


I meant the power industry business in Victoria, it is declining at the moment and may or may not pick up some time next year!


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## Bingoo (May 13, 2019)

NB said:


> Bingoo said:
> 
> 
> > I got visa 190 onshore 4 months ago from VIC after living in Melbourne since July 2018. I am working in my nominated job since then however the business started to decline in Victoria and redundancy is imminent (already started in the team!).
> ...


Thanks for that. I will try sending them correspondences and the WA job offer. The problem is that there are not much job advertisements in my experience field in the last 6 months here in Victoria. 

So, what consequences can happen if I move without a release? Do VIC issue any releases at all? Or they just don't see the point as it is a moral commitment


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## Bingoo (May 13, 2019)

FFacs said:


> Bingoo said:
> 
> 
> > I got visa 190 onshore 4 months ago from VIC after living in Melbourne since July 2018. I am working in my nominated job since then however the business started to decline in Victoria and redundancy is imminent (already started in the team!).
> ...


I did the commitment early in September 2018 when I first applied for the nomination as I was working in my current position (with visa 461) since July 2018 here in Melbourne and the business was looking very promising at that time....I got the visa in August 2019 (this is due to the exceptionally long processing of visa 190 as I applied in December 2018) and by that time the business is declining especially after the last elections....so I lived in Victoria for more than a year working in my nomination profession before getting the visa 190 and paid all my taxes.....


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## sarahlee (Dec 8, 2016)

To be honest with you, I know of two people who were sponsored by VIC. They didn't even relocate there at all because there couldn't find a job. We friends were al worried saying they would be denied citizenship but guess what last month, they got their citizenship.
However, there was no form of conditions attached in their PR visa. I would suggest you give a call through.


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## creativesalam (Apr 6, 2017)

In Tasmania, they never issue official release. People leave at their own risk.


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## Bingoo (May 13, 2019)

sarahlee said:


> To be honest with you, I know of two people who were sponsored by VIC. They didn't even relocate there at all because there couldn't find a job. We friends were al worried saying they would be denied citizenship but guess what last month, they got their citizenship.
> However, there was no form of conditions attached in their PR visa. I would suggest you give a call through.


Good to know that. I did email them and got a blunt reply reminding me of the 2 years commitment!

Did your friends keep the DIBP updated with their address? What about the 5 online surveys that the state sends every 6 months?


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## Bingoo (May 13, 2019)

creativesalam said:


> In Tasmania, they never issue official release. People leave at their own risk.


Can the state cancel the 190 visa then?


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## NB (Mar 29, 2017)

Bingoo said:


> Can the state cancel the 190 visa then?


Some states have started issuing mails to the applicants asking them why their PR should not be cancelled as they did not honour their commitment 

I do not know if there was further action taken or not to cancel the PR

Cheers


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## tnk009 (May 10, 2017)

One of MARA agents told that if no employment condition (condition 8 onwards?) is mentioned in the visa grant letter or VEVO visa details then it is ok to move to another state, as it is a moral obligation and not a legal obligation. 

Were previous SC 190 grant letters issued with some employment conditions?

Your view on this will be highly appreciated.


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## Bingoo (May 13, 2019)

tnk009 said:


> Were previous SC 190 grant letters issued with some employment conditions?
> 
> Your view on this will be highly appreciated.


Not that I am aware of. Mine had no conditions and I believe all SC 190 have no conditions on the grant letter.


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## Isaac.caa (Nov 22, 2019)

Upon applying on the Live in Melbourne website, you need to sign a declaration form which consists of the following:

If myself and my dependents are granted permanent visas by the Australian Government, my dependents and I
intend to live in Victoria for at least two years. I understand that this two-year commitment commences from the
time that my sponsored visa is granted if I am already living in Victoria; or upon my arrival in Australia if I am
currently living overseas.

So I believe it's not a moral obligation but part of the visa condition.


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## Ashish 40 (Aug 3, 2019)

NB said:


> It’s very difficult to get an official release
> Try to give the details of the various interviews you gave and the response you got and the job offer from WA
> 
> Can’t think of anything else
> ...


Hii...I have 190 Victoria visa and have been living in Victoria for 6 months. Recently, I have got an offer outside Victoria state and emailed them for their views on relocating outside Victoria. They replied that I may move provided I fill all the surveys. In view of it plz advise the following:
2) I often heard about the release letter. Is it some kind of format that I need to get from Victoria or their reply ( you may move provided you fill all the surveys) in email is more than sufficient.
2) I often heard about the release letter term. Is it what I need to take further?
3) I am unable to understand that If I am outside Victoria, how would I fill the surveys about my experience in Victoria as I will not be staying in Victoria.
4) Any further advise about moving outside Victoria in my case as far as my 190 visa terms and conditions are concerned?

Regards


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## Isaac.caa (Nov 22, 2019)

Ashish 40 said:


> Hii...I have 190 Victoria visa and have been living in Victoria for 6 months. Recently, I have got an offer outside Victoria state and emailed them for their views on relocating outside Victoria. They replied that I may move provided I fill all the surveys. In view of it plz advise the following:
> 2) I often heard about the release letter. Is it some kind of format that I need to get from Victoria or their reply ( you may move provided you fill all the surveys) in email is more than sufficient.
> 2) I often heard about the release letter term. Is it what I need to take further?
> 3) I am unable to understand that If I am outside Victoria, how would I fill the surveys about my experience in Victoria as I will not be staying in Victoria.
> ...


It 's good news showing they are more flexible with 190 applicants. I receive a survey every 6 months and you just fill in where you live, your job, whether it's full time, etc. So you just put in your new state/address after you relocated and continue to fill out so they can have the data. I think if you can show it's a job you really want they are happy to in some circumstances... can you show a screenshot of the email please? I am in the same situation.


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## Ashish 40 (Aug 3, 2019)

Isaac.caa said:


> It 's good news showing they are more flexible with 190 applicants. I receive a survey every 6 months and you just fill in where you live, your job, whether it's full time, etc. So you just put in your new state/address after you relocated and continue to fill out so they can have the data. I think if you can show it's a job you really want they are happy to in some circumstances... can you show a screenshot of the email please? I am in the same situation.


But what exactly is the release letter people talk about? Is it something to be taken separately?


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## NB (Mar 29, 2017)

Ashish 40 said:


> But what exactly is the release letter people talk about? Is it something to be taken separately?


Release letter is required only if you want to work outside the state before your 2 years commitment is over
Cheers


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## Ashish 40 (Aug 3, 2019)

NB said:


> Release letter is required only if you want to work outside the state before your 2 years commitment is over
> Cheers


Thanks NB for your reply. But moving state before 2 years is the case for me. It's just the state has told me that "you might remember that bcz of 2 years commitment, we sponsored your PR. However, we understand that you also need to make a living, so are able to move"

So, could I move state with this email reply or I shall ask further the release letter from the state.


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## NB (Mar 29, 2017)

Ashish 40 said:


> Thanks NB for your reply. But moving state before 2 years is the case for me. It's just the state has told me that "you might remember that bcz of 2 years commitment, we sponsored your PR. However, we understand that you also need to make a living, so are able to move"
> 
> So, could I move state with this email reply or I shall ask further the release letter from the state.


If you have got this in writing, then it’s sufficient 
This is a release letter
Cheers


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## Ashish 40 (Aug 3, 2019)

NB said:


> If you have got this in writing, then it’s sufficient
> This is a release letter
> Cheers


Thanks NB for providing us the valuable guidance consistently.


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## Kukkucl (Apr 21, 2021)

Hi all, I am in the same situation.. 
I am a subclass 190 visa holder (Victoria). Visa granted in 2018 but i came to melbourne just 2 months ago.. I am not finds jobs in my profession in victoria.. Can i try jobs in other states..? The email which i communicated to them before is not working now. Can you please advice if you know about this situation? If i go to other states without informing them will have any issues later?. Kindly let me know if you know anything.
Thanks in advance.


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## nikag (Mar 8, 2018)

Ashish 40 said:


> Thanks NB for providing us the valuable guidance consistently.


How did you apply for this release letter? i am on the same boat


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## manuel2020 (Jul 22, 2020)

I was going through all the replys and noticed one thing. All responses talk about "living" in the state which gave nomination and not "working" there. 
So what if an applicant lived in that state for two years or even four years but did not work? An example for such situation can be the spouse/partner working and supporting family.

In this case, can the primary applicant's "not working but just living in the state" be a problem while aplying for citizenship?


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## 1733258 (Nov 17, 2019)

So no one actually checks. I currently live and work in QLD (who sponsored my 190) however I was considering a job last year in NSW, so I contacted QLD to ask for a release. They actually said to me, verbatim, "We have no way of checking this, and there are no conditions on the visa". I also did a FOI request last year on the number of visas that were cancelled since 2016 due to not meeting the two-year requirement, and the answer I got from DoHA was "We have no data on this" - meaning visa cancellation has never happened due to this.

Best of luck - and take at your own risk - but my two cents is as long as you have a residence you can say you work from home which would count.


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## HojiMatcha (8 mo ago)

markdaniels said:


> So no one actually checks. I currently live and work in QLD (who sponsored my 190) however I was considering a job last year in NSW, so I contacted QLD to ask for a release. They actually said to me, verbatim, "We have no way of checking this, and there are no conditions on the visa". I also did a FOI request last year on the number of visas that were cancelled since 2016 due to not meeting the two-year requirement, and the answer I got from DoHA was "We have no data on this" - meaning visa cancellation has never happened due to this.
> 
> Best of luck - and take at your own risk - but my two cents is as long as you have a residence you can say you work from home which would count.


Hey markdaniels  Do you know if the DoHA consults the nominated state to enquire if you have lived and worked at your nominated state for 2 years before making the decision to grant your RRV?
My post for context: Visa 190 (NSW) - No letter of release for the first 2...


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## 1733258 (Nov 17, 2019)

Unsure...would have to check with the state. I'm inclined to say no, for two reasons:
1) The person at QLD who looks after the program literally said to me over the phone once, "we only keep track of your address in the event we have any specific events going on, or need to send out mailings related to skilled migration."
2) At some stage during the pandemic, I did a FOI request for "number of visas cancelled due to people not fulfilling their two-year requirement" and the department came back with "sorry we have nothing for you." There are no conditions to the visa.

(By the way, I still live in QLD - I'm 18 months into my 24 month requirement) 

Lots of people here on the forum in the past have indicated that it could look bad from a citizenship application perspective; I'm yet to confirm this though. That may be the case but also I'd be hard pressed to think the states are reporting this. Who knows, maybe NSW is different...


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## vaishali17 (Apr 17, 2020)

Hello everyone,

Recently go our 190 PR ( state is victoria) But i am not getting job in victorial after lot of trials and landed up being in WA.
Does anyone have experience of it this can issue in RRV visa or citizenship in future?

What is the email id where i can mention our situation? Does immigration reply to such kind of emails?


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## NB (Mar 29, 2017)

vaishali17 said:


> Hello everyone,
> 
> Recently go our 190 PR ( state is victoria) But i am not getting job in victorial after lot of trials and landed up being in WA.
> Does anyone have experience of it this can issue in RRV visa or citizenship in future?
> ...


This issue has nothing to do with DHA
It’s between you and the state
You have to write to VIC to release you from the 2 years stay requirements
Cheers


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## vaishali17 (Apr 17, 2020)

NB said:


> This issue has nothing to do worth DHA
> It’s between you and the state
> You have to write to VIC to release you from the 2 years stay requirements
> Cheers


Thankyou NB for your quick response.
Can you please help me with the email id where we could email about this


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## NB (Mar 29, 2017)

vaishali17 said:


> Thankyou NB for your quick response.
> Can you please help me with the email id where we could email about this


Use the id from where you applied to Vic for sponsorship and got the final invite
Cheers


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