Kimbodia Posted December 17, 2014 Share Posted December 17, 2014 Hi All I've posted on here many years ago when we were pondering the big move yet here we still are in England. My husband and I have a real passion to look about now making this a reality. My first step is to ascertain what our visa options are if any, I do intend to speak to a migration for advice, will do this after Christmas now, but I know there are many knowledgeable people who will probably know our options already. So my husband has been a Mechanical Design Engineer for about 16 years, he's aged 37, his job is no longer listed on the SOL however it is on the Consolidated SOL. It looks like we are eligible to apply for a state sponsorship with Vic and NT. We'd love to know if there is a visa that could allow us to go to QLD or WA. I've seen the 457 visa but find the terms of it hard going, temporary and if employer wrapped the job up my husband only having 90 days to find another job and sponsor, we really want something permanent. I've seen the 186 visa and wonder if this could be an option? Does anyone know how easy/likely it would be for my husband to find a company willing to sponsor him ie is it commonplace or really unusual. I have many more questions but I really need to know our options regarding visa before I can run ahead with any other questions. I intend to contact Alan Collett from Go Matilda for advice as have seen him mentioned many times. Can anyone else recommend a migration agent worth contacting for advice on possible routes to visa? Many thanks Kimbodia Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 17, 2014 Share Posted December 17, 2014 Alan is the person to speak to for visa advice. So not sure why you want another agent. As as you have already found, an occupation on the csol requires some form of sponsorship. Either business or state. State is by far the better option. A 190 visa sponsored by a particular state has no legal obligation to live in the sponsoring state. Quote Link to comment Share on other sites More sharing options...
Kimbodia Posted December 17, 2014 Author Share Posted December 17, 2014 Thanks for your reply Verystormy. Its positive and interesting that you say the 190 visa sponsored by a particular state has no legal obligation to live in the sponsoring state. But the Australian immi website says a state may require you to live in a particular state for specified minimum time (2 years as I understand it) and may require you to provide address. Do you know something more substantive to this? I'm intrigued as this could be great news for us. Many thanks Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted December 18, 2014 Share Posted December 18, 2014 Information on the DIBP website and the state websites say that you have to live/work in the sponsoring state for 2 years. When you apply for state sponsorship, you agree/confirm you commit to living/working in the sponsoring state for 2 years. When the visa is granted, it contains no conditions that require you to live/work in the sponsoring state for 2 years. So there's a moral obligation based on the fact that you agreed to this going in, but there's no legal requirement for it. There's often been commentary on forums that one day DIBP and the states may agree on some process to make this commitment more binding, but at this time there's virtually nothing in place. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 18, 2014 Share Posted December 18, 2014 One thing you do need to research is the availability of jobs for engineers - the sector is seriously struggling here at the moment. Quote Link to comment Share on other sites More sharing options...
Kimbodia Posted December 18, 2014 Author Share Posted December 18, 2014 Thanks both for your help. Thanks for your comments on engineering Verystormy, we're only at the start of our research but knowing the visa situation now it'll really help us to look further at where my husband has the best chance of finding work. Quote Link to comment Share on other sites More sharing options...
OzzyDreamer Posted December 23, 2014 Share Posted December 23, 2014 (edited) Hi and welcome. I know how it feels to want to make the move but not sure how etc. You only need to live in the state for 2 years which is not a very long time out of the rest of your lives you can live in another state but you need to inform them ad give your reasons why ie no jobs but like i say it is only 2 years. If you want citizenship in the future you would struggle having not stayed in the state. Also thing to consider would be the reason the role is on the state migration plans and not others. It is usual due to the need for that role and may be an indication of the likely hood of getting a job in that state. I would not go for the 457 visa as it is commonly know as the slave visa! Have you looked at getting a positive skills assessment/meet the criteria and added up if you have enough points. As far as i am aware (more senior member correct me if i am wrong)but i think the 186 visa is the visa you apply for once you have been on the 457 sponsored for 2 years and are then eligible for PR but the employer needs to put you forward for it so this would mean going to oz on a sponsored 457 visa and work for the same employer for 2 years then have them nominate you!! If you can get a positive skills assessment and can make the 60 points for the 190 state sponsored you would be better doing that. It is all a bit of a mind field but things look good for you. Best of luck Edited December 23, 2014 by OzzyDreamer Quote Link to comment Share on other sites More sharing options...
Kimbodia Posted January 3, 2015 Author Share Posted January 3, 2015 Hi Ozzydreamer, you mentioned if we want citizenship in the future we would struggle having not stayed in the state, I have since read that this is not the case but I would like confirmation of this, can anyone confirm if abandoning the sponsoring state during the first 2 years will have a negative affect on application for citizenship? And on this issue too, can anyone advise on any problems obtaining work in other states during the first 2 years on the 190 state skilled because of it being a state sponsorship? Thanks Quote Link to comment Share on other sites More sharing options...
scattley Posted January 3, 2015 Share Posted January 3, 2015 You do need however, to get the sponsorship nomination from th state in question first. NT has been rejecting all applications for PR sponsorship completely without a level of ties to that state (uni there or family) instead giving out Temporary two year visa which only convert to perm ones if you spend two years in the NT first. Seems like those states that have spaces for sponsorship are fed up with people pretending they will go there when they only are interested in the east coast States. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 3, 2015 Share Posted January 3, 2015 Hi Ozzydreamer, you mentioned if we want citizenship in the future we would struggle having not stayed in the state, I have since read that this is not the case but I would like confirmation of this, can anyone confirm if abandoning the sponsoring state during the first 2 years will have a negative affect on application for citizenship? And on this issue too, can anyone advise on any problems obtaining work in other states during the first 2 years on the 190 state skilled because of it being a state sponsorship? Thanks not staying in the sponsoring state on 190 visa will have absolutely no impact on gaining citizenship. Citizenship is based on resident requirements, since only the last year of the 4 year requirement requires You to be a PR. The first 3 years can be temp visas, such as student visas, or even WHV. There are no condition on a 190 visa to stay in the sponsoring state, hence why NT opt for 489 sponsorship to try to keep people within the nomination state. Quote Link to comment Share on other sites More sharing options...
awelter Posted January 4, 2015 Share Posted January 4, 2015 190 visa - although there is no legal obligation to stay in the nominating state, one aspect should be considered. If an applicant applies to a state government for a state nomination and, at the same time, has no intention to comply with the moral obligation to live there for two years, such a visa obtained could be considered to be granted on the basis of incorrect information or a bogus document, and therefore it could be cancelled under section 109 of the Migration Act. On the other hand, in relation to 489 visa, I don't see any legal requirement that would force a 489 visa holder to live in the nominating state. The attached condition 8539 requires the visa holder to live in a specified area, however, as long as it is one of the specified areas http://www.comlaw.gov.au/Details/F2012L01444 , the visa holder can live in any state. Of course, if a 489 visa is obtained due to incorrect information, it can be cancelled as well. Quote Link to comment Share on other sites More sharing options...
tommylu Posted January 23, 2015 Share Posted January 23, 2015 Not fulfilling the commitment of 2 years living/working in sponsored state could be a big trouble when you guys lodge citizenship application. Like my situation, I got 190 visa for almost 2 years and have lived in Australia for nearly 6 years, all general requirements for sitting on citizenship test have been fulfilled. However, I am not able to lodge application online, maybe due to not living in sponsored state. Reason I am not living in sponsored state is that I cannot find a suitable job to support my family. Has anyone experienced similar situation. Please share!!! For me, I am going to move to sponsored state soon! Do not want to risk what I worked vety hard for. Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted January 24, 2015 Share Posted January 24, 2015 Not fulfilling the commitment of 2 years living/working in sponsored state could be a big trouble when you guys lodge citizenship application. Like my situation, I got 190 visa for almost 2 years and have lived in Australia for nearly 6 years, all general requirements for sitting on citizenship test have been fulfilled. However, I am not able to lodge application online, maybe due to not living in sponsored state. Reason I am not living in sponsored state is that I cannot find a suitable job to support my family. Has anyone experienced similar situation. Please share!!! For me, I am going to move to sponsored state soon! Do not want to risk what I worked vety hard for. Your wrong...not living in the state has no impact on citizenship, hence why there is no condition on your visa. You have been in Australia for 6 years there could be many reasons why you can't lodge online - could be due to you being on a bridging visa at some point. Quote Link to comment Share on other sites More sharing options...
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