# 176 Visa can i change states ..is it legal..while its unethical ?



## smin (Sep 24, 2011)

iam planning to apply for 176 visa through SA state sponsorship,
Once i get the visa ,could i straight away go to victoria and start working there ?

Will the visa stamp show as SA ?

I know its not ethically correct thing to do but is it possible ?

After 5 years when i start applying for citicenship will that cause a problem that i havent stayed and worked on the sponsored state for the 1st 2 years ?

If so is it legally fine to do what is not ethically correct ?

:juggle:


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## Guest (Dec 24, 2011)

Whilst it is unethical it is legal. Your obligation at the minute is a moral one only.

If it will effect your citizenship application in 4 or 5 years who knows. If you were applying for citizenship today, no it would not. But many expect them to change the law in the not to distant future to stop this abuse of the system and I tend to agree. I personally do not feel it is fair to other migrants for someone to take one of the limited spaces the states offer when they have no intention of living there. Another migrant, with friends or good work prospects in the state, who really wants to live there, will be rejected due to lack of spaces because they have been given to those who have no intention of living there. You will have effectively ruined someone elses chances to migrate when you could have applied without that sponsorship! 

That's my opinion anyway! But it is legal right now but no one can say if it will change or if those changes will effect you in the future as is the way the law works!


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## oz_sg10 (Aug 31, 2010)

I would imagine that it can not only affect citizenship, but can also affect PR renewal after 5 years. If you notice DIAC has been slowly closing ways of easy entry and identifying points of visa abuse and slowly closing them. It is not really tough for DIAC to introduce a system to track this. The best idea is to stay in the state sponsoring the visa if really do not want any risk. Otherwise, why bother applying to a state where you have no intention of living?





_shel said:


> Whilst it is unethical it is legal. Your obligation at the minute is a moral one only.
> 
> If it will effect your citizenship application in 4 or 5 years who knows. If you were applying for citizenship today, no it would not. But many expect them to change the law in the not to distant future to stop this abuse of the system and I tend to agree. I personally do not feel it is fair to other migrants for someone to take one of the limited spaces the states offer when they have no intention of living there. Another migrant, with friends or good work prospects in the state, who really wants to live there, will be rejected due to lack of spaces because they have been given to those who have no intention of living there. You will have effectively ruined someone elses chances to migrate when you could have applied without that sponsorship!
> 
> That's my opinion anyway! But it is legal right now but no one can say if it will change or if those changes will effect you in the future as is the way the law works!


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## MaddyOZ (Aug 16, 2011)

smin said:


> iam planning to apply for 176 visa through SA state sponsorship,
> Once i get the visa ,could i straight away go to victoria and start working there ?
> 
> Will the visa stamp show as SA ?
> ...


If u wanna become a OZ citizen down the line after 4 yrs..then shifting d states on a 176 may be questioned on the citizenship application later.

If u r not planning to obtain the citizenship... U can try ur luck with the current SS approval authority of the respective state to make ur move quoting any valid reason (if u have any).

But there are no hardrules defined for this in the immigration website except the neccesary two yrs comittment which would be the only obligation for the 176 visa holders.

So think and act wisely before making any decisions on a 176 visa.

Cheers !!!

Sent from my ipad using Expat Forum


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## wannabekangaroo (Jun 17, 2011)

For benefit of future applicants I would request you not to indulge in blatant abuse of the system. People like you create hurdles for genuine applicants coming later. What is the problem in waiting for extra 6 months if you apply for 175 instead of 176? Why do you want to start your new life on a false and fraudulent note and worry about its consequences for next 5 years? Just do the right thing, it is much easier.


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## lifeisgood (Mar 30, 2010)

smin said:


> iam planning to apply for 176 visa through SA state sponsorship,
> Once i get the visa ,could i straight away go to victoria and start working there ?
> 
> Will the visa stamp show as SA ?
> ...


Why did you apply for SA SS in the first place itself when you wanna go to Vic?
It beats logic to apply and consider moving to another state without even landing in Aus..
Its not legal and SA will surely take appropriate action when you apply for citizenship.


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## lifeisgood (Mar 30, 2010)

wannabekangaroo said:


> For benefit of future applicants I would request you not to indulge in blatant abuse of the system. People like you create hurdles for genuine applicants coming later. What is the problem in waiting for extra 6 months if you apply for 175 instead of 176? Why do you want to start your new life on a false and fraudulent note and worry about its consequences for next 5 years? Just do the right thing, it is much easier.


I totally agree with you wannabekangaroo....


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## JBY (May 17, 2011)

Its not as simple as it sounds, and i'm sure there will be some complications in the future. Unlike Canada, Australia has been very strict recently in combating system abuse, and i'm sure somewhere down the line they will introduce a system to track you down. You might lose your job, not gain citizenship, have your PR cancelled, etc. Not worth the risk, if you get SA sponsorship then be grateful that SA gave you that opportunity and contribute to that state.


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## Maz25 (Jul 6, 2008)

If you have benefitted from state sponsorship, you are required to legally reside and work in the state that sponsors you. The state will require you to provide them with your details and they will send you a survey every 6 months to fill in. Based on that point alone, you will not be able to simply just 'sneak off' to another state.

I would suggest that you approach SA and explain your situation to them and provide a valid reason as to why you are wanting to live elsewhere.

Based on your post, you had no intention of ever staying in SA and just used the system to fast track your visa. I would therefore agree with opinions already voiced that this causes problems for others along the line and will deny those with a genuine want to live in SA and similar to Shel, I also would like to see the rules changed to stop such abuse of the system. However, that said, your choices are between you and your conscience.


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## oz_sg10 (Aug 31, 2010)

There is also another issue if you try to change states. In my case, my employer had asked for my visa details before issuing the offer letter. When they saw the visa as 176, they asked me for the details. So I assume that it will not be really good in a scenario that you are going to work with an employer in VIC with a visa sponsored by SA. 





Maz25 said:


> If you have benefitted from state sponsorship, you are required to legally reside and work in the state that sponsors you. The state will require you to provide them with your details and they will send you a survey every 6 months to fill in. Based on that point alone, you will not be able to simply just 'sneak off' to another state.
> 
> I would suggest that you approach SA and explain your situation to them and provide a valid reason as to why you are wanting to live elsewhere.
> 
> Based on your post, you had no intention of ever staying in SA and just used the system to fast track your visa. I would therefore agree with opinions already voiced that this causes problems for others along the line and will deny those with a genuine want to live in SA and similar to Shel, I also would like to see the rules changed to stop such abuse of the system. However, that said, your choices are between you and your conscience.


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## lifeisgood (Mar 30, 2010)

Also when applying for SS, every state asks us to sign on a document which clearly says the 2 year sponsorship is compulsory..I guess this should be reason enough to drop the idea of State-hopping and playing around with the system..


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## narendra_pune (Jan 14, 2012)

It is best to talk to sponsoring state and find out if it is allowed. Since 175 and 176 and two different categories of visa, there must be some legal / procedural issues if commitment of staying 2 years is complied with.


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