# 190 visa PR Holder - Can work in any state?



## mal_1977 (Jan 14, 2014)

Hi,

I've a question on 190 Visa PR holder. What's the main difference between 189 and 190?
Reading in many blogs I came to know that except 190 being state sponsored there is no other difference. 190 PR holder enjoys the same rights as 189 PR Visa holder but he has to go to the state who sponsored his Visa first.190 Visa PR holder too can work in any state provided he is not getting a job in his current state.State Government who invited him doesn't hold restrictions on the place but they only prefer that he should look for job in their state first ?

Waiting for comments from dear expats.

Mal


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## dave85 (Sep 8, 2015)

This question has been answered to the bone. Even a quick search on goggle will tell you the answer.

The obligation for 190 is a moral one, and not a legal one. So, no one (not even the state government) can compel you to stay in the nominated state.


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## mal_1977 (Jan 14, 2014)

Thanks.

So say I got 190 for NSW and go to Sydney first. After a month I get a job in Melbourne will the NSW allow me to move. If so what are things needed to tell Govt that I got a job in Melbourne and so I'll be moving. My consultant told that you have to stay for a minimum of 6 months (don't know from where he got the figure) in the state. I told him so that means I've to spend money in the state , keep on looking for job even when I got an offer from Melbourne.

Mal


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## dave85 (Sep 8, 2015)

mal_1977 said:


> Thanks.
> 
> So say I got 190 for NSW and go to Sydney first. After a month I get a job in Melbourne will the NSW allow me to move. If so what are things needed to tell Govt that I got a job in Melbourne and so I'll be moving. My consultant told that you have to stay for a minimum of 6 months (don't know from where he got the figure) in the state. I told him so that means I've to spend money in the state , keep on looking for job even when I got an offer from Melbourne.
> 
> Mal


Your consultant is speaking nonsense. With a 190, you can land anywhere in Australia (even in Tasmania if you want) and stay/work there for the rest of your life.

Like I mentioned, it is a moral obligation. You do not need to inform the Govt that you are moving state. You are a permanent resident and you have unrestricted rights to live and work in any part of Australia.

It is only courteous (and moral) to stay in the state that sponsored you for 190. It's nicer, and Australians (plus many migrants) will like you a lot more if you do.

While we are at it, moving to a different state on a 190 will NOT have any impact if you are thinking of applying for Aust. citizenship. Applying for citizenship is a federal-level process and nothing to do with the state governments.


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## arjunn (Oct 3, 2015)

dave85 said:


> Your consultant is speaking nonsense. With a 190, you can land anywhere in Australia (even in Tasmania if you want) and stay/work there for the rest of your life.
> 
> Like I mentioned, it is a moral obligation. You do not need to inform the Govt that you are moving state. You are a permanent resident and you have unrestricted rights to live and work in any part of Australia.
> 
> ...


Thanks for the info dave85


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## JP Mosa (Mar 14, 2013)

mal_1977 said:


> Thanks.
> 
> So say I got 190 for NSW and go to Sydney first. After a month I get a job in Melbourne will the NSW allow me to move. If so what are things needed to tell Govt that I got a job in Melbourne and so I'll be moving. My consultant told that you have to stay for a minimum of 6 months (don't know from where he got the figure) in the state. I told him so that means I've to spend money in the state , keep on looking for job even when I got an offer from Melbourne.
> 
> Mal


Your consultant is absolutely right.

After six months or one year, if you can prove to the state govt. that nominated you, that you tried hard to get a job in your skill ,but could not find with all proofs.

The state govt. will let you leave. Its not only moral but it is an absolute and mandatory requirement, reason why DIBP specifically mentions it in their site.

To activate your visa, you can land anywhere in Australia.

But, there are options, once you move there, you will know automatically.So for time being, don't spoil your peace of mind. Take your grant, fly down ...you will know.....Good luck


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## dave85 (Sep 8, 2015)

JP Mosa said:


> Your consultant is absolutely right.
> 
> After six months or one year, if you can prove to the state govt. that nominated you, that you tried hard to get a job in your skill ,but could not find with all proofs.
> 
> ...


This is an absolutely incorrect statement. Where in the world is it an "absolute and mandatory requirement"? 

Any good MARA-registered agent will know that the obligation to the state is a moral one for visa 190. If you have seen a visa 190 grant letter, there are *NO CONDITIONS* attached to it. 

A visa 190 is different from a 489. In a 489 visa letter, there are specific conditions written down. So please, find me a 190 grant letter that has any specific conditions for the primary/secondary applicant - you will find none.


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## JP Mosa (Mar 14, 2013)

dave85 said:


> This is an absolutely incorrect statement. Where in the world is it an "absolute and mandatory requirement"?
> 
> Any good MARA-registered agent will know that the obligation to the state is a moral one for visa 190. If you have seen a visa 190 grant letter, there are *NO CONDITIONS* attached to it.
> 
> A visa 190 is different from a 489. In a 489 visa letter, there are specific conditions written down. So please, find me a 190 grant letter that has any specific conditions for the primary/secondary applicant.



I am telling our own experiences, not assumed answers Dave.

FYI, my friends who were sponsored by QLD & NSW, returned back to VIC after taking permission from the respective govts. Taking permission shows one's integrity and commitment to sate.

So , I have good idea about how grant letters look like.

I just said, what needed to be done. rest is up to the person. because I do not believe in fluke.


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## dave85 (Sep 8, 2015)

JP Mosa said:


> I am telling our own experiences, not assumed answers Dave.
> 
> FYI, my friends who were sponsored by QLD & NSW, returned back to VIC after taking permission from the respective govts.
> 
> ...


I can say that your friends were being "morally" nice to the VIC state government then. Good for them, at least they tried to keep a promise. 

While we are at it, there is no legal way that the state government can revoke the 190 visa if the holder decides to move to a different state. It is perfectly legal for the 190 holder to move anywhere in Australia. 

And no, you are indeed giving an assumed answer. I have a 190 grant letter right here - There are NIL conditions attached to it.

The OP is asking for the legality aspect of the 190 holder and 189 holder. Please give factually correct answers if you are providing information.


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## JP Mosa (Mar 14, 2013)

dave85 said:


> I can say that your friends were being "morally" nice to the VIC state government then. Good for them, at least they tried to keep a promise.
> 
> While we are at it, there is no legal way that the state government can revoke the 190 visa if the holder decides to move to a different state. It is perfectly legal for the 190 holder to move anywhere in Australia.
> 
> And no, you are indeed giving an assumed answer. I have a 190 grant letter right here - There are NIL conditions attached to it.



H/she is free to move all around Australia. What you said is absolutely right.
only 489 is provisional and conditional visa ,I suppose. but, not 189,190 as they are not other class visas like student, visitor, tourist.

Anyways, Have a good day.


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## mal_1977 (Jan 14, 2014)

JP,

I'm not sure from where you got the figure of 6 months to 1 year. 
The period of stay is not mentioned anywhere in DIAC site.

Mal


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## JP Mosa (Mar 14, 2013)

mal_1977 said:


> JP,
> 
> I'm not sure from where you got the figure of 6 months to 1 year.
> The period of stay is not mentioned anywhere in DIAC site.
> ...


DIBP ,now its not DIAC.....

All figures you will not get in DIBP.......not even in state sites.

But, If you can check one of your friends there who moved from sponsored state to other states,They can give you more in details.

Good luck and have a good day.


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## ScotDownUnder (Dec 9, 2015)

dave85 said:


> This is an absolutely incorrect statement. Where in the world is it an "absolute and mandatory requirement"?
> 
> Any good MARA-registered agent will know that the obligation to the state is a moral one for visa 190. If you have seen a visa 190 grant letter, there are *NO CONDITIONS* attached to it.
> 
> A visa 190 is different from a 489. In a 489 visa letter, there are specific conditions written down. So please, find me a 190 grant letter that has any specific conditions for the primary/secondary applicant - you will find none.


Take a breather, mate. Don't want you getting an aneurysm.

As for conditions, in a number of cases, it is very possible the secondary applicant (spouse) could have a condition attached that they cannot marry before first entry. As the visas are granted to specific individuals, the DIBP do - in some cases - attach this condition to stop people divorcing their 'spouse' and marrying someone else before entering Australia. Some people might say it's taking aim at sham marriages, I couldn't possibly comment.


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## dave85 (Sep 8, 2015)

ScotDownUnder said:


> Take a breather, mate. Don't want you getting an aneurysm.
> 
> As for conditions, in a number of cases, it is very possible the secondary applicant (spouse) could have a condition attached that they cannot marry before first entry. As the visas are granted to specific individuals, the DIBP do - in some cases - attach this condition to stop people divorcing their 'spouse' and marrying someone else before entering Australia. Some people might say it's taking aim at sham marriages, I couldn't possibly comment.


Thanks mate, it is just that I cannot stand it when incorrect information is provided. That's part of my job in real life - Objective, factual, and to the point. 

For the spouse applicant, it is quite rare to have such a condition. I'm glad my partner didn't have it. But yeah, I would think that it's more likely if there are some suspicions on whether the marriage was a true "I do in sickness and and in health".


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## ScotDownUnder (Dec 9, 2015)

dave85 said:


> Thanks mate, it is just that I cannot stand it when incorrect information is provided. That's part of my job in real life - Objective, factual, and to the point.
> 
> For the spouse applicant, it is quite rare to have such a condition. I'm glad my partner didn't have it. But yeah, I would think that it's more likely if there are some suspicions on whether the marriage was a true "I do in sickness and and in health".


I understand the frustration. Trust me.

At the end of the day, though, you only do yourself harm by getting wound up on fora like this.

I would also recommend not being too objective or factual with some information: there seem to be a large swathe of people on this forum who think that (less than?) mediocre English will still land them in six figure roles in Australia. I would keep mum on that point, if I were you. We wouldn't want to upset anyone else.


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## JP Mosa (Mar 14, 2013)

This condition came into effect after many cases of Marriage fraud recorded.
Omniscient nature will lead us no where but to what we dig.


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