# NSW SS 190 and 457 Visa



## schatz (Jul 11, 2013)

Hello Expat Au Experts,

I have an ongoing NSW SS 190. My NSW SS is already approved. The only thing to do is to pay the visa fee for the visa to be lodged. At the same time, I have been identified to be deployed to Melbourne, VIC for work. I have my 457 visa to be lodged soon as well. The work will be in Melbourne though I have a pending migration in NSW? What do I need to do in order to explain to NSW State regarding my concerns? I know 457 and 190 can be processed at the same time but it is the state that I have issues. 

So for example, I paid and lodged my 190 application and also my employer have lodged my 457 work visa. Then I acquired my 457 visa first (2-4 weeks, I have all requirements). Then I flew to VIC by October. And then, with my medical being done in Au, I got my 190 visa by December or January as per standard timelines (2-3 mos). Then what will be my case, status or what will I need to do to tell NSW regarding my status and how can I have a positive arrangement for it?

Thanks!


----------



## espresso (Nov 2, 2012)

Hi schatz, 

you cannot be on two visas at the same time - one will be canceled. If you plan to work and live in Victoria anyway, I'd suggest to just go with the 457 visa and let the 190 visa invitation lapse. 

Melbourne and Sydney have the largest number of ICT companies so if you managed to get a job offer for Melbourne you'll likely be able to secure in job in Sydney as well. If you go for the 190 visa you sign an agreement with NSW stating: 



> *Commitment to NSW*
> If you are nominated by the NSW Government under the Skilled Nominated (subclass 190) visa you are expected to commit to l*ive and work or study in NSW for the first two years of your time in Australia*.


You can apply for a release from you 2-year obligation but usually they expect applicants to put in a good effort and try to settle down and find work in the sponsoring state first. The is no condition on the 190 visa grant that you cannot live somewhere else, though. I would strongly recommend against applying for a 190 visa if you don't plan on living in the state. It's unfair towards people who would have gladly wanted to live in NSW but did not get an invite. It's also unfair towards the state without whom you would not have been able to get an invite to apply for PR. Finally, "jumping state" _may_ also come back to bite you once you apply for citizenship. 

Cheers, 
Monika


----------



## schatz (Jul 11, 2013)

Thanks for the reply. Yes, you can only have 1 visa so the 190 will overlap the 457 since its a higher visa class? Do I need to notify my employer that I have acquired my 190 PR visa. My stand is to pursue the 190 and so discussions with my employer will take place. Whatever the decision may be, I need to go to NSW for the sake of my long term goals. My question is, do I really need to go at once to NSW after signing the NSW agreement? Or will there be a period of time that I can start living in NSW. 

For example, I am on 457 now, then by December, I got my visa approval and will be signing the NSW Agreement, do I need to go to NSW like by January or at once? Or is there like a 6-9 months period before I need to secure a job and place in NSW? 

Thanks.


----------



## espresso (Nov 2, 2012)

Hi schatz, 

if you are in Australia when the 190 visa is granted you need to move more or less "immediately". They will understand if you need a month or two to settle your affairs (flat, job etc.). I really don't think that they would be happy to let you work in another state for another 9 months. 

If I were you I'd apply for the 190 visa, wait for the grant and move to NSW. Or - if your prospective employer really wants to get you on board - discuss if they would be willing to sponsor you towards an ENS (direct entry stream) visa. That way you could get PR via your employer straightaway . You can use this as a bargaining chip to see if they really want to hire you. 

Cheers, 
Monika


----------



## schatz (Jul 11, 2013)

Thanks for this good info. I will keep that in mind. My migration agent also suggested a different option and that's to ask my employer for a letter to NSW stating that they(Employer Company) can transfer you to the NSW office so that I can meet the NSW SS requirement. We'll see what happens from here then. Thanks again.

Cheers!


----------



## espresso (Nov 2, 2012)

Hi schatz, 

if your prospective employer has an office in NSW as well that's even better . You can probably use the same police clearance certificates and medicals for both applications, so that would not incur any extra costs. You should still consider if it's worth paying for the 457 and 190 visa within a few months of each other. The employer should pay for the 457 visa but they usually don't pay for skilled independent or state sponsored visas. If you choose to go for the ENS you agree to stay with your employer for two years. 

All the best, 
Monika


----------



## schatz (Jul 11, 2013)

espresso said:


> Hi schatz,
> 
> if your prospective employer has an office in NSW as well that's even better . You can probably use the same police clearance certificates and medicals for both applications, so that would not incur any extra costs. You should still consider if it's worth paying for the 457 and 190 visa within a few months of each other. The employer should pay for the 457 visa but they usually don't pay for skilled independent or state sponsored visas. If you choose to go for the ENS you agree to stay with your employer for two years.
> 
> ...



Hi Senior Expat,

I'm currently under negotiations with my current employer. Before lodging my 457 visa, I've declared my pending PR visa 190 upon application. Now, they are looking at every angle on how to support both sides (457 and 190). I just payed the 190 visa fee as well as signed the NSW agreement last month. Now I'm only waiting for the request for medical. My 457 target date is suppose to be this month but due to the PR issue, they are still deciding the application. It seems though that they will be having a hard time providing me a support letter stating to transfer me to their NSW office - though they can, it will probably take a lot of sign offs from the Australian office. I guess its like a company transfer from 1 country to the other which is hard given that the nature of the company is client/project based/outsourcing. The employer might want some assurance that I will not leave them given that they supported my PR application. They might provide another contract for this though. In any case, they actually asked me if I told them to pursue the 457, I must make sure it won't affect my PR application in the long run. But upon discussing it with my immigration agent, it could later on have a risk on the 190 side. 

My question is that if employer decided to give a support letter, can the letter state that "they promise to transfer me to a NSW office upon finishing the entire length of the 457 application (1 yr 6 mos)." The employer said that they need to resolve this asap and would really want for me to start working in Victoria. They are finding ways to support both as much as possible. Any suggestions to the employer so that once PR 190 is being reviewed, it can see the 457 visa attachment together with the necessary supporting documents it needs to meet the NSW SS requirement.

Thanks!


----------



## sunilraj69 (Apr 16, 2016)

*457 and 190*

Hello ,
I got a invitation from NSW Sydney under subclass 190 and before getting that i had tie up with one of the employer from Melbourne.Firstly my melbourne visa had dropped from employer which is 457 visa and later after getting the invitation i am trying to lodge my 190 visa because 190 would be better and comfort for me rather than 457.As 2 different subclass visa can be lodged at a same time so i took this step.But unfortunately when i am trying to register my NSW visa for payment it says that the applicant has already unfinalised visa and if you want to go further conform.Now i just want to know if i conform that link for my nsw visa my 457 will automatically get lapse or my employer should withdraw that.But i really want to go with NSW190 visa and i dont mind my 457 lapse automatically without taking this matter to my employer.Kindly reply me as soon as possible as i am running short of time.


----------

