# Vic state Rejection - 190



## mansunss (May 10, 2014)

Hi ,

i did not receive positive outcome from vic state dept today, I applied on friday night , Reason - I did not have offer of employment

Also , I am on 457 (streamlined pathway) currently working at client location in NSW,My employer head office is in melb, vic

So basically i am already employed . i am clueless!!!!
--------------------------

Dear -XXXX,

Thank you for your application for Victorian Government nomination under the 190 - Skilled Nominated visa scheme.

Following a review of your application, we regret to inform you that you have not been selected for visa nomination by the Victorian Government.

Your application for Victorian Government state nomination was reviewed individually and assessed with a focus on your ability to address a number of criteria, including:

 your ability to meet the minimum eligibility criteria,

 the demand for your particular skills and expertise, and your ability to find work in Victoria,

 the suitability and transferability of your qualifications, skills and experience – including any specialist capabilities – to the needs of Victoria’s labour market,

 your ability and commitment to establishing yourself, and any dependents, in Victoria,

 the number of nomination applications received relative to the number of nomination places available for your occupation.

Your application was not selected for state nomination because it did not include an *offer of employment.* 

Provision of an offer of employment is a minimum eligibility requirement for applicants living in an Australian state or territory other than Victoria. This requirement has been set to give interstate applicants an opportunity to demonstrate their commitment to living and working in Victoria.

There are other visa pathways for highly skilled workers who want to live and work in Victoria and we encourage you to investigate other visa options on the Department of Immigration and Border Protection (DIBP) website: Australian Government Department of Immigration and Border Protection.

See our website for further information on nomination requirements: LiveInVictoria.vic.gov.au.

We wish you all the best for your future endeavours.

Please quote Reference Number: XXXXX in all of your communication to us.

Kind regards,
Skilled and Business Migration Program
Trade, Manufacturing, Aviation and Employment Division
Department of State Development, Business and Innovation
GPO Box 4509, Victoria, Melbourne, 3000
Immigrate to Work and Live in Melbourne and Regional Victoria, Australia - Live in Victoria |
T: 03 9651 9756 | [email protected]


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## mansunss (May 10, 2014)

Can anyone please let me know what can be done?


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## espresso (Nov 2, 2012)

Hi mansunss, 

write them an email that you currently live and work in Victoria and quote that "provision of an offer of employment is a minimum eligibility *requirement for applicants living in an Australian state* or territory *other than Victoria*. " And further from their 190 page: 



> Applicants who are currently working in their nominated occupation in Victoria and *have been for at least six months* may be exempt from meeting higher English language requirements specified for their occupation and should therefore apply for nomination.


Maybe it was an oversight. Assessors sometimes make mistakes .


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## mansunss (May 10, 2014)

espresso said:


> Hi mansunss,
> 
> write them an email that you currently live and work in Victoria and quote that "provision of an offer of employment is a minimum eligibility *requirement for applicants living in an Australian state* or territory *other than Victoria*. " And further from their 190 page:
> 
> ...


Thanks Monika, i suspected it would be an oversight , i would write to them back saying i am employed

However , the catch is my current deputation is in NSW (client location) with my employer head office in VIC , SO probably their rejection reason would change to that.
Are you aware of any such incident before?


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## espresso (Nov 2, 2012)

Hi mansunss, 

well, is it a long-term client project, meaning that you predominantly work at the client site in NSW and have a flat there? Do you also have a flat in VIC? How much time to you spend in VIC versus NSW? You don't fulfil the residency requirement, just because your employer's head office is in VIC. 

However, if you can get a letter from your employer stating that you are currently working for a client in NSW which will end with <date X> after which you will re-locate back to Melbourne, that should fulfil the work offer requirements (I think). But if they permanently outsource you to clients in Sydney and you are based there then you don't "live" in VIC.


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## mansunss (May 10, 2014)

espresso said:


> Hi mansunss,
> 
> well, is it a long-term client project, meaning that you predominantly work at the client site in NSW and have a flat there? Do you also have a flat in VIC? How much time to you spend in VIC versus NSW? You don't fulfil the residency requirement, just because your employer's head office is in VIC.
> 
> However, if you can get a letter from your employer stating that you are currently working for a client in NSW which will end with <date X> after which you will re-locate back to Melbourne, that should fulfil the work offer requirements (I think). But if they permanently outsource you to clients in Sydney and you are based there then you don't "live" in VIC.


Hi Monika , Yes its long term project and ongoing from Oct 2011 with no confirmed/tentative end date in sight (business as usual release) - may
or may not end in sept2014.
I do not own any flat in melbourne or sydney as i used to be in rented property.

As far as residency requirements , my overall duration in australia is 
lived /worked in Melbourne - sep 2009 -Sep 2011 (2 yrs)
living/working in sydney - october 2011 - till date (2.5 yrs)

Employer can only send - proof of employment (which i already submitted which they might have overlooked as u predicted) 
My current Employer did not permanently outsource me to sydney but was just requirement at that time.

So ,thats why i am not sure what to reply. (the only reason i think they might reject is current location in nsw ) .


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## espresso (Nov 2, 2012)

Hi mansunss, 

well, you've been in Sydney for 2.5 years now and have no plans to go back to VIC anytime soon. The 190 requirements are that you live (and ideally: work) in the sponsoring state for the first two years of your PR in Australia. If VIC sponsored you and your project in Sydney is extended you would be in violation of your agreement with VIC. You really have to convince that you will *move back* to VIC within a reasonable time frame (say: a couple of months) after the grant, otherwise I don't see why they would nominate you. 

Now, another option might be NSW state sponsorship. They don't accept applications at the moment but the new migration year will begin on July 1, 2014, which is not that far off. If you would rather stay in Sydney, that might be worth considering. If you go for a 190 visa you should really commit to the state, which could even mean switching employers. 

Have you discussed the ENS (186) visa with your boss instead? It's not bound to a location and you have worked more than two years with your employer and obviously have a job on the CSOL, so you should qualify. You should definitely increase the pressure on your employer and tell them that the uncertainty about your work location makes it impossible for you to apply for PR via the 190 route. So, either they sponsor you towards a ENS or you'll go for 190 sponsorship with NSW which will make it impossible for you to move back to Melbourne within the next two years. If they value you as an employee, they'll figure something out. Otherwise you are probably better off leaving anyway. 

Good luck!
Monika


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## mansunss (May 10, 2014)

espresso said:


> Hi mansunss,
> 
> well, you've been in Sydney for 2.5 years now and have no plans to go back to VIC anytime soon. The 190 requirements are that you live (and ideally: work) in the sponsoring state for the first two years of your PR in Australia. If VIC sponsored you and your project in Sydney is extended you would be in violation of your agreement with VIC. You really have to convince that you will *move back* to VIC within a reasonable time frame (say: a couple of months) after the grant, otherwise I don't see why they would nominate you.
> 
> ...


Thanks Monica , actually since my job code is only in CSOL for vic, So i had to apply for state nomination. i was thinking since all my tax goes to vic it would be an exception

as far as ENS is concerned , the company does not sponsor PR from last few years

will let u know of the result after replying back to them


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## Scattley (Jul 30, 2012)

mansunss said:


> Thanks Monica , actually since my job code is only in CSOL for vic, So i had to apply for state nomination. i was thinking since all my tax goes to vic it would be an exception


That's not how tax is allocated to states....it's based on physical residence not where the company you work for is located...so if anything your taxes go to NSW as that is where you are living, not Victoria,.


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## mansunss (May 10, 2014)

Scattley said:


> That's not how tax is allocated to states....it's based on physical residence not where the company you work for is located...so if anything your taxes go to NSW as that is where you are living, not Victoria,.


i am not sure how it works , but my salary slip has Melbourne address , employer ABN is VIC based .Also my main bank branch is in melbourne.


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## espresso (Nov 2, 2012)

Yeah, but the thing is that you don't current _live_ in VIC, so the point is moot.


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## Redtape (Jun 25, 2013)

mansunss said:


> I am on 457 (streamlined pathway) currently working at client location in NSW,My employer head office is in melb, vic
> 
> So basically i am already employed . i am clueless!!!!





mansunss said:


> i am not sure how it works , but my salary slip has Melbourne address , employer ABN is VIC based .Also my main bank branch is in melbourne.


Hi mansunss,

I'm very sorry for your SS rejection.Before going any further, I would like to refer to this link  under Offer of employment clause they have clearly specified "offer letter is required if you are living another state within Australia other than VIC" and this clause is most common for almost all the states.

Now let me ask you one simple question: 

Which address is mentioned on your bank statements, Utility Bills and other address proofs that you have submitted to the VIC SS body? I guess they have Sydney's addresses and that's why they might have refused your application. As far as I Know they won't look into the address mentioned on tax documents etc. they only support the claim that you are working with that organization.

When I was looking for SS for one of my friend we used to ring them and take a note of the criteria before hand. Even WA is used to have the same condition. He was having a hard time to get around this clause.

Well coming to the actual point with 457 visa to PR (streamlined path) the options are very limited if you are looking for SS. If we narrow down the options you have left with :

1. Relocate to VIC and then re apply for it.(Get a new offer letter from your employer)
2. Offshore processing i.e. move back to your home country and then reapply.

Hope this helps.

Good Luck.


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## mansunss (May 10, 2014)

Redtape said:


> Hi mansunss,
> 
> I'm very sorry for your SS rejection.Before going any further, I would like to refer to this link  under Offer of employment clause they have clearly specified "offer letter is required if you are living another state within Australia other than VIC" and this clause is most common for almost all the states.
> 
> ...



Hi redtape ,

i was sceptical from the start due to this but just had little hope that they would consider it as my employer was based in Melbourne.

I really not understand this clause because, Say- If you got an offer in Melbourne , what can one do if the company decides to send you to different state or client location during the first two years? you will automatically breach the moral obligation.

So basically you should go against or change the employer to remain in melb.

I basically gave my current address details in the wizard itself , apart from proof of employment - which stated im in sydney 

Yes - i only have those 2 options as stated by you , btw do i have to wait 6 months?

Also - do you have any idea if there is a chance for tester to be listed in updated SOL?

____________________________________
reply i got from state for my query ----
------------------------------------------------
Thank you for your email.
As you are currently living in New South Wales, you are required to provide a current job offer in your nominated occupation to support your visa nomination application.
Regardless of whether you hold a 457 visa, you must meet all other state nomination eligibility requirements, which include:
· You must provide evidence of a current Victorian job offer in your nominated occupation and a Confirmation of Employment form to support your nomination application.
· To provide evidence of your job offer, you should provide a contract or letter of offer from your employer which includes your employer’s Australian Business Number (ABN) and contact details. The employment must be in your nominated occupation for permanent (not casual) work, for at least 20 hours per week, and for at least six continuous months.
As you did not provide any of the above, your nomination application was refused.
For further information on the 190 visa, please refer to our website:
Skilled Nominated (190) Visa - Live in Victoria


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## mansunss (May 10, 2014)

one good(not so good) thing about this is i got rejection within a workin day

i.e submitted friday night , rejcted monday morning 10 am


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## Redtape (Jun 25, 2013)

mansunss said:


> I really not understand this clause because, Say- If you got an offer in Melbourne , what can one do if the company decides to send you to different state or client location during the first two years? you will automatically breach the moral obligation.


Now you seems to be discussing on the most interesting aspect why they are so tough on the eligibility requirements. 
For example consider this scenario for a min, if your SS approves and you got your PR and your project successfully runs for the next few years. Tell me would you be happy to move back to VIC ? Even if your answer is "Yes" how you would give assurance to the VIC SS body right now? Do you think is it practically possible? You can't. That's why they have got stringent criteria whilst approving.



mansunss said:


> So basically you should go against or change the employer to remain in melb.


If I was you and this was the case in the initial 2 years then I would approach the SS body. You will be in contact with them for the first 2years and I think you are aware that you have to answer the surveys that were issued during this time.



mansunss said:


> btw do i have to wait 6 months?


I'm unsure on this my dear friend and I think you can ask them saying things may be changing in near future and would they consider your case then? No harm.



mansunss said:


> Also - do you have any idea if there is a chance for tester to be listed in updated SOL?


I'm afraid I can't comment on this.I personally think it could be in one of the SS list definitely. 

Good Luck.


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## ozbound12 (Mar 23, 2012)

If you are rejected for state sponsorship by Victoria you must wait six months to apply again.


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## mansunss (May 10, 2014)

ozbound12 said:


> If you are rejected for state sponsorship by Victoria you must wait six months to apply again.


ya thanks oz , i read somewhere 2

is there an official closure to current application ?
i mean if i manage to get transfer to Melbourne and send them the proof of job offer in a months time, would it still be fine?


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## bhupen008 (Feb 10, 2014)

Hi Espresso, 

My agent received this email from Vic state dept after I applied for Victoria SS. And I need your suggestion in order to reply . Thanks.

Question 1 ) : 

"We note from your client’s application that their sister lives in New South Wales In being nominated by the Victorian Government under the 190 - Skilled Nominated visa scheme, your client is required to commit to living and working in Victoria for two years.

In order to finalise your client’s application, they are required to provide a written statement (via email) explaining why they would like to live and work in Victoria. In the statement they should address:

• Why they would prefer to live in Victoria instead of the states/territories in which they already have family/friend connections
• Their professional prospects in Victoria compared to the other states/territories

If we do not receive this statement within one month the file will be closed.
We look forward to your response. "

2) They also asked me to resubmit the CV . So , if I can get some sample to write my cv specificaly for Victoria SS then it would be helpful or any suggestion will be much appreciated. 

Thanks. 
Bhupendra KR


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## nareshinsvu (Mar 7, 2016)

Hi mansunss,

I got the same rejection mail as of yours. What did you do as a next step?

I replied them back saying that, I came to Sydney on 457 and I attached my "Deputation Letter" as offer of employment.

I am clueless at this point as I got the rejection after 2 weeks. So, my 3 weeks of EOI time is wasted in total. 

Thanks,
Naresh


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