# Moving to another state on a Skilled Nominated (190) visa



## AdnanKhan (Dec 18, 2015)

Hi,

I know that it's more of a "moral" obligation to stay within the state that allotted you a Skilled Nominated (190) visa fora period of 2 years. But how binding is it? And does it count against you when you're eventually applying for citizenship?

Thank you!


----------



## 3sh (Oct 11, 2015)

AdnanKhan said:


> Hi,
> 
> I know that it's more of a "moral" obligation to stay within the state that allotted you a Skilled Nominated (190) visa fora period of 2 years. But how binding is it? And does it count against you when you're eventually applying for citizenship?
> 
> Thank you!



Hello Mr Khan,

This has been discussed in detail the the following thread

http://www.expatforum.com/expats/au...tralia/177322-jumping-states-other-stuff.html

In short, if you have a state nominated visa and you wish not to stay there, then it is ethically wrong. States do not have any authority over DIBP. As per visa, you might not have any conditions mentioned. Still you are signing the legal document with the respective state to get their nomination. It is your duty to satisfy that commitment. 

States like Vic, NSW, ACT & WA are very strict about this. They might cause problem during your citizenship or other benefits as PR holder but nothing is proven anywhere. You can get waiver from the state if you have genuine reasons.

Anyways, why do you want to move out??


----------



## AdnanKhan (Dec 18, 2015)

3sh said:


> Hello Mr Khan,
> 
> This has been discussed in detail the the following thread
> 
> ...


Hi 3sh,

Thank you for your detailed reply.

I haven't moved to Australia yet, so do not want to move out. But just wanted to clarify it in case one gets a better job/accommodation options in another state. 

Good luck to you. 

Best regards,
Adnan


----------



## 3sh (Oct 11, 2015)

AdnanKhan said:


> Hi 3sh,
> 
> Thank you for your detailed reply.
> 
> ...


Hey Adnan,

I would suggest you to move to Australia first. Show your commitment by landing on the state from which you obtained sponsorship. To my knowledge Perth and Sydney are costly in accommodation and cost of living. So prepare yourself financially and then try staying in that state for 2 - 3 months. Meanwhile you can also apply for jobs in other states if the state in which you are has no promising opportunities.

If you have succeeded getting a job in your sponsored state, then stay there and you can finish your commitment. Else request for the waiver after 3 months of your stay and mentions the opportunities you have from other states. If the reasons are genuine, they will provide you the waiver and you can move accordingly.

Thanks.


----------



## aarohi (Nov 9, 2014)

Hi,
Under any circumstances they have to provide you the waiver. As said above, you can collect documentation like you applied for the job but could not get it. Having an offer letter from an employer in the other state would also do, but firstly you need to demonstrate that you are unable to find in your nominated state


----------



## AdnanKhan (Dec 18, 2015)

3sh said:


> Hey Adnan,
> 
> I would suggest you to move to Australia first. Show your commitment by landing on the state from which you obtained sponsorship. To my knowledge Perth and Sydney are costly in accommodation and cost of living. So prepare yourself financially and then try staying in that state for 2 - 3 months. Meanwhile you can also apply for jobs in other states if the state in which you are has no promising opportunities.
> 
> ...


Thank you for your help. 

Best Regards,
Adnan


----------



## AdnanKhan (Dec 18, 2015)

aarohi said:


> Hi,
> Under any circumstances they have to provide you the waiver. As said above, you can collect documentation like you applied for the job but could not get it. Having an offer letter from an employer in the other state would also do, but firstly you need to demonstrate that you are unable to find in your nominated state



Sounds good. Thank you for your reply. 

Best Regards,
Adnan


----------



## ILY (Jan 14, 2015)

Can we just land in another state airport and then travel on land (by train) to the state from where we got the SS?

I am just asking about the landing and not settlement. I just want to confirm that it is not the violation of law or visa conditions?


----------



## ozbound12 (Mar 23, 2012)

ILY said:


> Can we just land in another state airport and then travel on land (by train) to the state from where we got the SS? I am just asking about the landing and not settlement. I just want to confirm that it is not the violation of law or visa conditions?


Yes, you can arrive at any airport in Australia. Many states don't have direct flights to every place so they understand if you have to change to another plane or train to get to your final destination.


----------



## ILY (Jan 14, 2015)

ozbound12 said:


> Yes, you can arrive at any airport in Australia. Many states don't have direct flights to every place so they understand if you have to change to another plane or train to get to your final destination.


Great, Thanks

This is a way to save some cost and travelling issues. Because some airlines are not going to every state.

Thank you very much


----------



## ILY (Jan 14, 2015)

ozbound12 said:


> Yes, you can arrive at any airport in Australia. Many states don't have direct flights to every place so they understand if you have to change to another plane or train to get to your final destination.


Thanks,

Can we confirm this info from some Govt link website.


----------



## abcd11223344 (Jul 13, 2015)

*subclass 190 live in different state*

Hi Guys,

Please please please help.....

I have received Subclass 190 EOI invitation from VIC state. However I am currently working in NSW and not planning to move to VIC.

In the SUBCLASS 190 visas - The condition states " I need to live and work in VIC for 2 years"

Can I live and work in other state? Will my visas be cancelled or its illegal if VIC state knows I am living and working in NSW and not fulfilled their 2 year obligation.

I know this is a very common question and many DBAs must have faced like me. 

Please do help.


----------



## aarohi (Nov 9, 2014)

Hi,

Since you are already onshore and your visa is validated the moment it was approved. 

It may or may not be completely illegal to continue living in VIC, but you have to keep on trying to search for job in NSW. It's understandable that it may take some time to find a job in NSW and you simply cant move immediately post your grant. But if you continue to live and work in VIC then you may need very strong case to get a waiver from NSW state for commitment. These days NSW has stopped giving waivers. It may not hurt you this time but it can create an issue at the time of citizenship.


----------



## abcd11223344 (Jul 13, 2015)

Hi Aarohi.

thanks for your reply. please let me now what issues can it be caused to the citizenship if I did not honor the 2 year state commitment in subclass 190.

Could they reject the citizenship on this basis??? Have we seen cases of this ?

Please provide guidance.


----------



## aarohi (Nov 9, 2014)

ankitsan said:


> Hi Aarohi.
> 
> thanks for your reply. please let me now what issues can it be caused to the citizenship if I did not honor the 2 year state commitment in subclass 190.
> 
> ...


You can search expat forum, this has been discussed at lengths.

Though, 2 years stay is kind of moral obligation, it's still the part of the terms and condition that you have agreed upon at the time of accepting the nomination and paying the fees. Recently, someone posted on forum that their citizenship application has been put on hold. 

You may not want to play with the fire as we dont know how thing will be after a period of 1 years or till the time you become eligible for citizenship.


----------



## abcd11223344 (Jul 13, 2015)

Thanks alot Aarohi, you are correct....

By the way, citizenship put on hold...thats the worst scenario....do you have the link in the forum of that ? I would like to read more....

I tried to find on forum but couldnt find one...my lawyer told me that you wouldnt have any issues in the citizenship...but if I find a case i can show it to him


----------



## abcd11223344 (Jul 13, 2015)

Hi Aarohi,

When I spoke to my lawyer, he said there should no issues in the citizenship...he send me the below link:

<*SNIP*> *kaju/moderator*

Please please send me the any details if you have read citizenship was put on hold....I think they must on 489 regional sponsored visas......Would really help if you can share some details.


----------



## sandeshrego (Feb 25, 2016)

AdnanKhan said:


> Hi,
> 
> I know that it's more of a "moral" obligation to stay within the state that allotted you a Skilled Nominated (190) visa fora period of 2 years. But how binding is it? And does it count against you when you're eventually applying for citizenship?
> 
> Thank you!


You will be rejected and that's how I met so many Indians who did the same thing. During Citizenship, they will ask for your visa, bank statement, location. And many people fail and end up desperately studying again or other pathways. But eventually you will be caught

Here people are damn sensitive, even a small obligation is considered a crime. If you need the citizenship, continue as per the visa status


----------



## abcd11223344 (Jul 13, 2015)

Sandesh did they live in different states on subclass 190??"which were different than the one they were sponsored... Can u give references because there are no conditions on the visa?


----------



## hope_faith_belief (Nov 2, 2015)

*Reply!!*



ankitsan said:


> Sandesh did they live in different states on subclass 190??"which were different than the one they were sponsored... Can u give references because there are no conditions on the visa?



Ankit,

Look everyone have different opinion about this question, to be clear afaik on your VISA GRANT LETTER if there are No Conditions listed then you are free to work and Live anywhere you wish in Australia.

There is a moral obligation and no legal obligation for living in the sponsored state. Citizenship/RRVs are Federal orders and no where related to State or Territory governments.

I know lots of people who have migrated to other state due to one or another reason (which may be valid or may not be), I am yet to see someone denied a citizenship or RRVs due to jumping of state.

So do your homework, if you can get something in writing from DIBP or your migration lawyer it will be helpful.

Hope this helps!!

cheerio
Prateek


----------



## aarohi (Nov 9, 2014)

ankitsan said:


> Hi Aarohi,
> 
> When I spoke to my lawyer, he said there should no issues in the citizenship...he send me the below link:
> 
> ...


The links that your lawyer has sent to you are .com website and not the govt. websites. It will be upto the officer approving your citizenship application to consider jumping the state is a serious thing or not, and if it happens, you may end up spending a lot of money on the lawyers. Your best case is that you can write to the state and ask them to get a waiver or tell them that you may relocate to the state may be in 6 months as you simply cant leave your current job and relocate to the sponsored state. You can see what state reply back to you.


----------



## 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 still be affected?


----------



## 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 ?


----------



## Cap_ross (Jul 18, 2017)

swapz said:


> 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 still be affected?


Hi,

Would you be able to share with me if you find out about ur question? i have SA sponsorship as well but am planning to stay few months in Melbourne, get an experience and then after 4 to 5 months go to Adelaide. Will this affect my RRV or citizenship? Your kind reply will be appreciated. Thanks.


----------



## crremya85 (Feb 18, 2019)

HI All,

I am currently working in melbourne in 457 visa. My next assignment will be in Sydney from March 15. I will be submitting my EOI soon. Would like to know if it will be fine if I apply for state sponsorship for Sydney being worked in melbourne and apply from here.
and the second thing is whats the current score for which people receive invite


----------



## aarohi (Nov 9, 2014)

crremya85 said:


> HI All,
> 
> I am currently working in melbourne in 457 visa. My next assignment will be in Sydney from March 15. I will be submitting my EOI soon. Would like to know if it will be fine if I apply for state sponsorship for Sydney being worked in melbourne and apply from here.
> and the second thing is whats the current score for which people receive invite


It shouldnt matter where you are living in Australia at the time of application of PR.

2 year clause comes into effect only after you get PR.


----------

