# Clarification related to 190 visa conditions and obligations



## ani01 (Nov 21, 2014)

Hi I have just received the qld state sponsorship, and the EOI invite as well. But before I lodge the application I have certain question my mind about the 190 visa-

1. For the folks who have already received their VISA grant after August 2015 - what conditions are mentioned in your visa. Are the visa conditions NIL or its strictly mentioned that one need to spend 2 years in a state?

2. I am still worried about not having a job while I am on a 190 visa. What are the obligations ? Can someone please clarify? That would be of great help.

Thanks,
Anee


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## whatdoumean (Oct 4, 2013)

Usually the condition is nil. However, remember that you have signed a statement stating that you would live in the nominated state for the first 2 years of your stay in Australia. In certain scenarios this can be waived provided you provide evidence of difficulty in obtaining a job and they give you a waiver in writing.


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## ani01 (Nov 21, 2014)

whatdoumean said:


> Usually the condition is nil. However, remember that you have signed a statement stating that you would live in the nominated state for the first 2 years of your stay in Australia. In certain scenarios this can be waived provided you provide evidence of difficulty in obtaining a job and they give you a waiver in writing.


Thanks for your clarification.


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## hlagvankar (Jul 9, 2014)

*Visa 190 Conditions*

Hi Guys,

I have been granted 190 Victoria SS visa on Jul 2015. Me and my and friend trying to stay together but his Visa is NSW SS. So last week I dropped mail to Victoria govt whether I can stay and work in Sydney before moving to Victoria state

Here is my query to them 
"Dear Sir/Madam,

I have been granted subclass 190 with sponsorship from Victoria State government. I am planning to move to Australia in Feb 2016. I have a query whether I can land in Sydney and work there for some time and then move to Victoria. Can I land and stay in Sydney and work there for some time?"

Here is what they replied
"Thank you for your enquiry to the Victorian Government's Skilled and Business Migration Program. 

All Australian visas are administered by the Department of Immigration and Border Protection (DIBP). You will need to contact DIBP directly with your enquiry: www.immi.gov.au/contacts"

So today I called DIBP on +61 7 31367000 and asked my query, the guy said does your grant letter mentions any conditions I said its NIL and I also informed that I asked the query to Victoria govt and they redirected me to DIBP. Then he said that if there are no conditions then you can free to travel and stay anywhere in Australia but if there are any Visa conditions then you need to abide by them.

I'm confused now, since SS says you need to stay in nominated state for 2 years but there is no such condition on grant letter. 

Can anyone suggest whether i can stay and work in Sydney(considering more opportunities in Sydney than Mel)?


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## Sennara (Jul 31, 2013)

There is NOT any restriction on 190 visa. It's a visa that allows you to live and work anywhere in Australia. The obligation you vowed is a moral, not legal, duty to the sponsoring state. The visa is issued by the federal government and the state has nothing to say over it. If the visa condition says NIL, it means NIL. You can move anywhere you want and it won't affect anything when you apply for the citizenship because it's also a federal issue, not state. Stop believing in rumors. But it's always a best practice to follow your commitment when it's possible nonetheless, although it's not going to make any difference in your life in almost all the cases.


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## hlagvankar (Jul 9, 2014)

Sennara said:


> There is NOT any restriction on 190 visa. It's a visa that allows you to live and work anywhere in Australia. The obligation you vowed is a moral, not legal, duty to the sponsoring state. The visa is issued by the federal government and the state has nothing to say over it. If the visa condition says NIL, it means NIL. You can move anywhere you want and it won't affect anything when you apply for the citizenship because it's also a federal issue, not state. Stop believing in rumors. But it's always a best practice to follow your commitment when it's possible nonetheless, although it's not going to make any difference in your life in almost all the cases.


Hi,

Thanks for you reply. Just wondering whether it is tried and tested? I'm afraid whether I get any trouble during immigration check in Sydney?


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## Ajeet (Nov 24, 2015)

hlagvankar said:


> Hi,
> 
> Thanks for you reply. Just wondering whether it is tried and tested? I'm afraid whether I get any trouble during immigration check in Sydney?


The answer is very clear: no conditions. But it's same age old question about your integrity. 

To answer your question, people have done this earlier without any issues but it does not guarantee the same will be applied in future as well. So..


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## hlagvankar (Jul 9, 2014)

bright future said:


> The answer is very clear: no conditions. But it's same age old question about your integrity.
> 
> To answer your question, people have done this earlier without any issues but it does not guarantee the same will be applied in future as well. So..


Hey thanks,

so I can land and stay in Sydney as long as there are no changes in their Migration Act?


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## ani01 (Nov 21, 2014)

hlagvankar said:


> Hey thanks,
> 
> so I can land and stay in Sydney as long as there are no changes in their Migration Act?


I am not sure as I have similar questions in my mind-
I have received the state nomination and EOI invitation and preparing to lodge the visa.
I work for an indian IT firm currently holding a 457 visa. Meanwhile there are talks going on and my employer may ask me to relocate to a diff state because of which there are so many questions being raised in my mind.

1. I am in a 457 visa. Since my 190 visa is in process, my employer may ask me to rellocate anywhere due to shortage of assignments. What happens after my 190 visa is granted? Does my 457 get cancelled automatically?

2. Do i need to return to my sponsoring state immmediately after my 190 visa is granted? Can i stay in a diff state with my current employer till i get a job in the sponsoring state?

3. Has anyone been into similar situation? Will my employer ask me to leave the organization since I have 190 visa which is tied to a diff state? Is there anywherw mentioned on the visa grant notification that someone must immediately move to the sponsoring state.

Your advices are welcome.


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## Maggie-May24 (May 19, 2015)

1. Your 457 is not cancelled, it is replaced by your 190. This is an important distinction because if you were ever to apply for a visa in the future, you would not say that you have a cancelled (457) visa.

2. No. As has been said above and in many other posts, the 190 has zero conditions on it. So there is no legal requirement for you to work in the state that sponsored you. On a 190 visa you can work anywhere for anyone in any occupation.

3. See 32


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## ani01 (Nov 21, 2014)

Maggie-May24 said:


> 1. Your 457 is not cancelled, it is replaced by your 190. This is an important distinction because if you were ever to apply for a visa in the future, you would not say that you have a cancelled (457) visa.
> 
> 2. No. As has been said above and in many other posts, the 190 has zero conditions on it. So there is no legal requirement for you to work in the state that sponsored you. On a 190 visa you can work anywhere for anyone in any occupation.
> 
> 3. See 32


Thanks for your response. Did you mean to See point 2? So does that mean my current employer should not have any issues if I have a 190 grant and working with them in a different state?


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## Maggie-May24 (May 19, 2015)

ani01 said:


> Thanks for your response. Did you mean to See point 2? So does that mean my current employer should not have any issues if I have a 190 grant and working with them in a different state?


Yes, that should say See #2. If your employer checks VEVO, they'll simply see that you have full work rights. You can continue to work for them with no consequence to either of you.


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## amyv (Nov 12, 2014)

Hi,
I'm really hoping someone can help/ advice me. Have done this process on my own,with no agents help and only taking advice and inputs from this forum.

So here's my story. I'm based in India. I had submitted an NSW EOI for 190 visa in the month of June 2015 and then my skill set didn't get listed in NSW in the July intake, but got listed in SA and under special conditions. So I made a second EOI and applied to SA.

I followed all the process required and paid the Visa fees on 12th sept, got a CO assigned on 29th Oct and no additional documents were requested.

And then today I get an email invitation to apply for NSW for the 190 visa( guess this is based on my first EOI done in June)

So now I'm not sure what to do.

NSW was my first choice when I started this process.

1) will I need to pay the visa fees all over again? We are 2 adults and 2 kids aged 2years.

2) I'm guessing I will need to tell DIBP to revoke my 190 visa to SA and then only I can start the 190 visa for NSW.

Looking for your help and advice as I need to make a decision by coming Monday.

Regs
Amy


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## hlagvankar (Jul 9, 2014)

Hi,

based on above discussion, can anyone tell me whether I need to inform Victoria govt that I will be staying and working in Sydney?


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## hlagvankar (Jul 9, 2014)

*190 Visa Condition*

Hi,

As per my earlier post in this thread, 1st Vic govt told me to contact DIBP regd this and when I replied them what DIBP has to say, today they dropped me mail

Dear Harshal Rajendra LAGVANKAR,

As you will remember part of your migration application required you to commit to living in Victoria for two years. Your agreement to this commitment was a primary reason why you were granted a visa to Australia and you signed a declaration in this regard.

We expect all applicants to honour this commitment.

As per Declaration document
If the application is successful, my dependents and I intend to live in Victoria for at least two years. I understand that this two year commitment commences from the time that my sponsored visa is granted if I am already living in Victoria; or upon my arrival in Australia if I am currently living overseas

Now, I'm confused what should I do. 

Can I make entry to Australia via Sydney? 
If I stay in Sydney will Vic govt come to know?
Do I need to frequently tell Vic govt about my whereabouts?
Do I need to stay in Victoria for first 2 years or any consecutive 2 years as Visa is valid for 5 years?

Hope someone will answer these queries


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## billwong (Apr 20, 2016)

hlagvankar said:


> Hi,
> 
> As per my earlier post in this thread, 1st Vic govt told me to contact DIBP regd this and when I replied them what DIBP has to say, today they dropped me mail
> 
> ...


Just curious - did you inform VIC about your visa grant?

Does anyone know whether sponsoring states can check whether the applicants they sponsored got their visa grant? Even when applicants do not inform them about it?


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## sidd_oza (Mar 7, 2011)

Hi,

What happened top your situation? I know this is a old issue, but I am eager to know as I am also in the same situation of being in NSW and getting opportunities in other states,
I am confused of what to do?
Your experience sharing would be of great help.
TIA


hlagvankar said:


> Hi,
> 
> As per my earlier post in this thread, 1st Vic govt told me to contact DIBP regd this and when I replied them what DIBP has to say, today they dropped me mail
> 
> ...


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## c.vishnu (Dec 11, 2013)

sidd_oza said:


> Hi,
> 
> What happened top your situation? I know this is a old issue, but I am eager to know as I am also in the same situation of being in NSW and getting opportunities in other states,
> I am confused of what to do?
> ...


Hi Members - Sidd_oza and Hlagvankar

Wish you would kindly update on whether this matter with working in other state, when 190 visa sponsor is another, was resolved. 

I am placed in the same situation and may get a job in Perth, WA whereas my sponsoring state is NSW. 

Regards
Vishnu


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