Cavan Posted August 4, 2015 Share Posted August 4, 2015 Hi guys, I have been looking to get back to Oz for a few years now. I spent about 3 years there in all, had a relationship with a UK/Oz dual citizen living out there and had a baby (also dual citizen). We are no longer together so the partnership route is not open but we all want to move back (they are currently in UK also temporarily). I have studied this for months and I like to think I am a fairly intelligent guy but it is breaking my head trying to figure things out. Having spoken to lots of people I am a University Lecturer which is on the Consolidated Skilled Occupation List so I could get in with state sponsorship. I spoke to a migration agent (to get more info really) and they said that lecturer was listed in NSW and NT but they also said that state sponsorship did not require living in that state (which seemed VERY odd and unlikely to me). This was because he was pushing to go with NT because NSW was so popular and difficult. Anyway they were extremely pushy and very expensive so I stopped contact with them. I need to get the ball rolling again so is it better to go with an agent or can I understand and do this myself? And can anyone actually recommend an agent? They never give their fees upfront so its such a pain in the bum to even figure out who is good value or not. I don't really have the money to use an agent I just got fed up of banging my head against a brick wall. Any advise at all gratefully welcomed. Thanks... Cavan Quote Link to comment Share on other sites More sharing options...
Skyba Posted August 4, 2015 Share Posted August 4, 2015 Hi guys, I have been looking to get back to Oz for a few years now. I spent about 3 years there in all, had a relationship with a UK/Oz dual citizen living out there and had a baby (also dual citizen). We are no longer together so the partnership route is not open but we all want to move back (they are currently in UK also temporarily). I have studied this for months and I like to think I am a fairly intelligent guy but it is breaking my head trying to figure things out. Having spoken to lots of people I am a University Lecturer which is on the Consolidated Skilled Occupation List so I could get in with state sponsorship. I spoke to a migration agent (to get more info really) and they said that lecturer was listed in NSW and NT but they also said that state sponsorship did not require living in that state (which seemed VERY odd and unlikely to me). This was because he was pushing to go with NT because NSW was so popular and difficult. Anyway they were extremely pushy and very expensive so I stopped contact with them. I need to get the ball rolling again so is it better to go with an agent or can I understand and do this myself? And can anyone actually recommend an agent? They never give their fees upfront so its such a pain in the bum to even figure out who is good value or not. I don't really have the money to use an agent I just got fed up of banging my head against a brick wall. Any advise at all gratefully welcomed. Thanks... Cavan I am only using an agent to do the last part from EOI onwards just for piece of mind but I think I could have easily done it all myself but I have a couple issues which could lead to complications further on so decided to use one to minimise the stress but got a reduced fee as I was decision ready when engaging. If I was you though I'd probably consult one further as you may have other options especially if you ex has dual citizenship and your child being an is citizen, i haven't a clue on that but surely there would be some other options open to you. I'm using immigration to oz who are one of the sponsors on here and from what I can tell one of the larger companies, there are plenty of other companies to go with but most I spoke to seek to charge a similar amount, the only thing I would make sure of is that they are actually a MARA agent, you can use the MARA website to check for them, some people on here have posted horror stories where they have lost thousands to dodgy companies. Someone will probably be along shortly who can give you Better advise on your options than I can. Good luck Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 4, 2015 Share Posted August 4, 2015 If you were on a temporary partner visa and the relationship broke down, then there may have been a path to a PR visa for you because of the child. But as you were not, I disagree with the previous poster that there are other options available to you. Well the only one I can think of is the parent visa, but this costs $50k, so a skilled migrant visa makes much more sense. If you were to get a state sponsored visa, there is a moral obligation to live in the sponsoring state, but no legal one, so what you were told by the agent you didn't like, was in fact correct. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 4, 2015 Share Posted August 4, 2015 Any decent MARA agent should be able to tell you their fees upfront. Quote Link to comment Share on other sites More sharing options...
Steve2 Posted August 4, 2015 Share Posted August 4, 2015 Try The Emigration Group, they are uk based and have more than one registered MARA agent working there. They also run inexpensive seminars. Good luck with it. Steve Quote Link to comment Share on other sites More sharing options...
Skyba Posted August 4, 2015 Share Posted August 4, 2015 If you were on a temporary partner visa and the relationship broke down, then there may have been a path to a PR visa for you because of the child. But as you were not, I disagree with the previous poster that there are other options available to you. Well the only one I can think of is the parent visa, but this costs $50k, so a skilled migrant visa makes much more sense. If you were to get a state sponsored visa, there is a moral obligation to live in the sponsoring state, but no legal one, so what you were told by the agent you didn't like, was in fact correct. I didn't suggest there were other options I just thought there surely must be a way considering the guy has a small child who is a citizen born in the country. I haven't got s clue if that's the case but i just assumed they would have something suitable for this situation as I always assumed the parent visa was aimed at migrants elderly parents rather than the parent of a young child who was born in Australia. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 4, 2015 Share Posted August 4, 2015 There are several good migration agents who post on this forum regularly (Alan Collett, WRussell, Raul Senise) who could help you. Most deal with everything via email so being located in the UK shouldn't be a big factor in choosing a good agent. From my limited knowledge, I think University Lecturer can be one of the more difficult occupations as willingness to sponsor may depend on what field you specialise in. The 190 (state sponsored visa) comes with a moral obligation to live in the sponsoring state for 2 years, however it's not an actual condition of the visa. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 4, 2015 Share Posted August 4, 2015 How long ago did you leave AUSTRALIA and did you have a PR VISA? Just thinking about RRV options Quote Link to comment Share on other sites More sharing options...
MissNancy Posted August 5, 2015 Share Posted August 5, 2015 In my humble opinion, you really don't need an agent for a state sponsored visa. It's very straight forward and between common sense and forums, you can do it all yourself and probably get it done quicker. Also, you definitely HAVE to live and work in the sponsoring state for at least 2 years post visa grant. The process in a nutshell Start by making sure you have the 60points required to be considered for the visa. Applying for the 190 visa will give you 5 extra point. Then; 1. Get your skills assessed by the relevant body 2. Submit your Expression Of Interest to be sponsored by the state (you'll need your positive skills assessment ref number) 3. Get an invitation to apply (this could take a good few weeks) 4. Apply for state sponsorship and send the relevant supporting documents to the state immigration dept. 5. Once state sponsorship is approved, the state migration dept will update your EOI on SkillSelect 6. You'll then be invited to apply for your 190 visa 7. Complete your application and upload all supporting documents 8. Wait to be allocated a Case Officer who will look over your application and make a decision or ask for further documents /actions Almost all PR visas require a medical and character checks so it's a good idea to start getting these done as soon as you get your state sponsorship. You want the Case Officer to have a 'Decision Ready' application when they get to your name and not have to ask you to obtain them. You can get your HAP I.D from your EOI and go to a local BUPA visa health centre for your medical. For visa related UK police checks: https://www.acro.police.uk/police_certificates.aspx Good Luck! Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 5, 2015 Share Posted August 5, 2015 Also, you definitely HAVE to live and work in the sponsoring state for at least 2 years post visa grant. => No, you don't. There is no such condition attaching to a subclass 190 visa. Even on a subclass 489 State Sponsored visa the only requirement is to reside in a regional area of Australia - which can be any regional area, in any State or Territory. It's very straight forward and between common sense and forums, you can do it all yourself and probably get it done quicker. => In the light of the above error, maybe disparaging the taking of professional advice is not the best policy ... Best regards. Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 5, 2015 Share Posted August 5, 2015 Any decent MARA agent should be able to tell you their fees upfront. We are actually required to do so, under the Code of Conduct which governs those of us who are MARA registered. Best regards. Quote Link to comment Share on other sites More sharing options...
MissNancy Posted August 5, 2015 Share Posted August 5, 2015 (edited) Alan, With all due respect, you're giving out poor advice. I was very recently granted state sponsorship for WA (17th June 2015). Not only did I have to sit a test that required me to KNOW that it was a condition of obtaining my visa for me to remain in WA for 2 years following my visa grant, it was also in my agreement document which I have cut and paste below; STATE NOMINATION AGREEMENT State nomination has been granted to you based on your commitment to Western Australia as outlined in your application. You thereby agree to the following: 1. You agree to remain living and working in Western Australia for your first two years in Australia on your nominated visa. 2. You agree to register your address with the Western Australian Government and keep them informed of your contact details during the first two years in Western Australia on your nominated visa. 3. You agree to complete a settlement survey every six months for a period of 24 months. 4. You have access to sufficient funds for living costs and domestic arrangements in Western Australia. 5. If your occupation requires you to be registered or licensed to be able to work in Western Australia, you understand that a positive skills assessment and State nomination does not guarantee that you meet the licensing or registration requirements applicable to your occupation and that you will need to verify your suitability with the relevant licensing and registration authority. I acknowledge and understand my Western Australian Government State nomination obligations and will notify Skilled Migration Western Australia if there are any changes to my original proposal. Visa applying for: Skilled - Nominated (subclass 190) visa Professional advice can be obtained from the immi website directly. Being that they're the ones that have the power to grant and revoke visas, I suggest you all go directly to the source if you have the time to do a bit of research. Edited August 5, 2015 by MissNancy Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 5, 2015 Share Posted August 5, 2015 Yes, I am aware of the requirements of certain State and Territory Governments, MissNancy. However, while this may be WA's perspective there is no condition attaching to the granting of your visa that requires you to live and work in the sponsoring State or Territory. This is the "moral question" that is referenced in one of the posts above. More specifically, what is the consequence for your visa in the event that you decide not to reside in the sponsoring State? I suggest there is likely to be no adverse outcome. For a number of years I have wondered why the State Sponsorship process attaching to subclass 190 visas leads directly to permanent residency. Rather, a provisional visa could be granted, which would require the provisional visa holder to return to the sponsoring State or Territory for sponsorship of the permanent residency visa once the visa holder has been living and working in that State for a suitable period - say 2 years. This is what happens with the provisional business skills visas, where sponsorship is required from a State/Territory for the initial provisional visa, and a subsequent sponsorship is required for the permanent residency visa some time later. Best regards. Quote Link to comment Share on other sites More sharing options...
CharlieV Posted August 5, 2015 Share Posted August 5, 2015 I would 100% recommend using an agent. I applied (and have been granted) a 190 visa as a Health Information Manager for the state of SA. I used an agent called Sort Out My Visa - they are based in the UK. Although in theory the application is a straight forward process there are some parts that are confusing and without our agent I'm sure we would of made a mistake along the lines somewhere which may have resulted in the visa being rejected or additional costs. Due to my age and losing points we didn't have any time for errors so felt that an agent was well worth the extra spend. Good luck! Quote Link to comment Share on other sites More sharing options...
MissNancy Posted August 5, 2015 Share Posted August 5, 2015 Yes, I am aware of the requirements of certain State and Territory Governments, MissNancy. However, while this may be WA's perspective there is no condition attaching to the granting of your visa that requires you to live and work in the sponsoring State or Territory. This is the "moral question" that is referenced in one of the posts above. More specifically, what is the consequence for your visa in the event that you decide not to reside in the sponsoring State? I suggest there is likely to be no adverse outcome. For a number of years I have wondered why the State Sponsorship process attaching to subclass 190 visas leads directly to permanent residency. Rather, a provisional visa could be granted, which would require the provisional visa holder to return to the sponsoring State or Territory for sponsorship of the permanent residency visa once the visa holder has been living and working in that State for a suitable period - say 2 years. This is what happens with the provisional business skills visas, where sponsorship is required from a State/Territory for the initial provisional visa, and a subsequent sponsorship is required for the permanent residency visa some time later. Best regards. Yes, I am aware of the requirements of certain State and Territory Governments, MissNancy. However, while this may be WA's perspective there is no condition attaching to the granting of your visa that requires you to live and work in the sponsoring State or Territory. This is the "moral question" that is referenced in one of the posts above. More specifically, what is the consequence for your visa in the event that you decide not to reside in the sponsoring State? I suggest there is likely to be no adverse outcome. For a number of years I have wondered why the State Sponsorship process attaching to subclass 190 visas leads directly to permanent residency. Rather, a provisional visa could be granted, which would require the provisional visa holder to return to the sponsoring State or Territory for sponsorship of the permanent residency visa once the visa holder has been living and working in that State for a suitable period - say 2 years. This is what happens with the provisional business skills visas, where sponsorship is required from a State/Territory for the initial provisional visa, and a subsequent sponsorship is required for the permanent residency visa some time later. Best regards. Yes, I am aware of the requirements of certain State and Territory Governments, MissNancy. However, while this may be WA's perspective there is no condition attaching to the granting of your visa that requires you to live and work in the sponsoring State or Territory. - NSW also stipulates that you need to agree to live and work in the state for at least 2 years post visa grant. Not sure about other states but I highly doubt that the rules would be any different. It defeats the whole purpose of State Sponsorship and the Consolidated Sponsored Occupation List. The 190 Visa would not exist if the sponsoring state did not need specific skilled workers. Also, it wouldn't need to be in place for those whose jobs are only on the CSOL if they could happily skip between states to compete for work with the locals there. Each state knows what staff they need - hence the occupation ceilings. It's pretty clear across the board what the intentions and rules of the visa are. This is the "moral question" that is referenced in one of the posts above. - It isn't a 'moral question'. It's fraud. More specifically, what is the consequence for your visa in the event that you decide not to reside in the sponsoring State? I suggest there is likely to be no adverse outcome. - The reason for being invited to apply for the 190 visa is that the state is sponsoring you because you have a skill that they're short of. Signing an agreement to live and work there and then flagrantly ignoring the conditions of your sponsorship to move to a state that you were unable to get sponsorship for is fraudulent. You could risk your PR visa being revoked or you being ineligible for citizenship (PR only lasts for 5 years at a time). Unfortunately, I would have thought that being an immigration agent, you would be giving 'Best Practice' advice and not encouraging people to take irresponsible and unnecessary risks with their visas. There are instances where the sponsoring state will allow you to move interstate within the 2 years but those are within extenuating circumstances and are looked at on a case by case basis. This is another reason why I think people should try and do their own visa research before trusting everything to a third party. All the advice you need is on the state websites. For WA, it's http://www.migration.wa.gov.au/services/skilled-migration-wa Each state will have their own and it's worth getting in touch with them directly as they will be the deciding factor on whether or not you get sponsored even before you're able to apply for your 190 visa. I'm not saying that it is illegal (because I don't know), but I'm just saying that if caught getting sponsorship for one state with the intention of living and working in another, your integrity, visa and right to stay in Australia will be compromised. With the time, emotion and money it costs to go through this process, it's just not worth taking silly risks like that. Quote Link to comment Share on other sites More sharing options...
Bungo Posted August 5, 2015 Share Posted August 5, 2015 MissNancy, it is often discussed and actually it is quite well known that there is a moral obligation to live in a sponsoring state but there is no visa condition that compels it. Your sponsoring state did not issue your visa, the federal government did and your sponsoring state has no say over the conditions attached to it. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted August 5, 2015 Share Posted August 5, 2015 Yes, I am aware of the requirements of certain State and Territory Governments, MissNancy. However, while this may be WA's perspective there is no condition attaching to the granting of your visa that requires you to live and work in the sponsoring State or Territory. - NSW also stipulates that you need to agree to live and work in the state for at least 2 years post visa grant. Not sure about other states but I highly doubt that the rules would be any different. It defeats the whole purpose of State Sponsorship and the Consolidated Sponsored Occupation List. The 190 Visa would not exist if the sponsoring state did not need specific skilled workers. Also, it wouldn't need to be in place for those whose jobs are only on the CSOL if they could happily skip between states to compete for work with the locals there. Each state knows what staff they need - hence the occupation ceilings. It's pretty clear across the board what the intentions and rules of the visa are. This is the "moral question" that is referenced in one of the posts above. - It isn't a 'moral question'. It's fraud. More specifically, what is the consequence for your visa in the event that you decide not to reside in the sponsoring State? I suggest there is likely to be no adverse outcome. - The reason for being invited to apply for the 190 visa is that the state is sponsoring you because you have a skill that they're short of. Signing an agreement to live and work there and then flagrantly ignoring the conditions of your sponsorship to move to a state that you were unable to get sponsorship for is fraudulent. You could risk your PR visa being revoked or you being ineligible for citizenship (PR only lasts for 5 years at a time). Unfortunately, I would have thought that being an immigration agent, you would be giving 'Best Practice' advice and not encouraging people to take irresponsible and unnecessary risks with their visas. There are instances where the sponsoring state will allow you to move interstate within the 2 years but those are within extenuating circumstances and are looked at on a case by case basis. This is another reason why I think people should try and do their own visa research before trusting everything to a third party. All the advice you need is on the state websites. For WA, it's http://www.migration.wa.gov.au/services/skilled-migration-wa Each state will have their own and it's worth getting in touch with them directly as they will be the deciding factor on whether or not you get sponsored even before you're able to apply for your 190 visa. I'm not saying that it is illegal (because I don't know), but I'm just saying that if caught getting sponsorship for one state with the intention of living and working in another, your integrity, visa and right to stay in Australia will be compromised. With the time, emotion and money it costs to go through this process, it's just not worth taking silly risks like that. Its not fraud. Its not breaking any laws. Breaking moral codes and promises maybe,but not breaking laws. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted August 5, 2015 Share Posted August 5, 2015 You could risk your PR visa being revoked or you being ineligible for citizenship (PR only lasts for 5 years at a time). There have been numerous posts from visa holders and migration agents on this topic.... there are no conditions on your 190 visa that state you must live and work in the sponsoring state for 2 years after grant. There have been many people who have obtained a 190 visa and never lived in the sponsoring state before successfully obtaining Australian citizenship. There have been no reports of anyone losing their visa due to not living/working in the sponsoring state. It is a moral obligation based on the commitment agreed with the state, but there is nothing illegal about not doing it. Alan is very experienced and well-respected, and is not "encouraging people to take irresponsible and unnecessary risks with their visas." Quote Link to comment Share on other sites More sharing options...
Alan Collett Posted August 5, 2015 Share Posted August 5, 2015 MissNancy I acknowledge your perspective on this issue, and I am not suggesting that applicants should knowingly sign a document and enter into commitments that they have no intention of satisfying. However, asserting that you have to live in the sponsoring State or Territory is overstating the reality. I would be more inclined to say that applicants for State or Territory sponsorship must have a genuine intention to reside there. Best regards. Quote Link to comment Share on other sites More sharing options...
Cavan Posted August 6, 2015 Author Share Posted August 6, 2015 I'm sorry that this all kicked off. I appreciate all the responses. All I care about is that I have a mother and daughter living in UK and mum wants desperately to go home. It's causing huge pressure and frankly I would prefer my daughter to be brought up there too. So I just need to find a way in. Despite being a respected professional, young enough and native English speaking etc and having and Ozzy daughter it seems possibly NT is the only state Uni Lecturer is listed. NSW is confusing. I'm not sure it may be an option. Anyway, all of her friends and family and her life is waiting for her in South QLD (hence NSW would have been fine). If I had to live in NT for two years it would cause untold misery. I feel it's terrible that this is so difficult for me but I certainly want to legal facts because in terms of morality there are many other factors in my case than what moral obligation I might have to a state. Her mum just wants to go home. Given we are no longer together you can imagine the pressure and pain this is causing. We did not begin any other visa process. I was there before on my working travel (as I was young enough) then a twelve months tourist (so I could go and help and be there for the birth etc) but we had to come back so I could earn and look after my daughter financially. Anyway, I appreciate all the comments and suggestions. Thanks for you input everyone. Anymore conments still welcome of.course Quote Link to comment Share on other sites More sharing options...
rammygirl Posted August 7, 2015 Share Posted August 7, 2015 NT has suffered through sponsored people leaving the state. Now unless you can show sufficient ties to the state they offer 489 visa not 190. Thus compelling you to stay there to get PR. Can't blame them really. If you search the forum you will find posts from people who have had NT 190 sponsorship applications rejected but offered 489 instead. Suggest you talk to an agent to find out your options properly Quote Link to comment Share on other sites More sharing options...
wrussell Posted August 7, 2015 Share Posted August 7, 2015 NT has suffered through sponsored people leaving the state. Now unless you can show sufficient ties to the state they offer 489 visa not 190. Thus compelling you to stay there to get PR. Can't blame them really. If you search the forum you will find posts from people who have had NT 190 sponsorship applications rejected but offered 489 instead. Suggest you talk to an agent to find out your options properly That is correct. When applicants are looking for work elsewhere whilst a state/territory nomination is being processed, they are playing with fire. To add to Alan's comment - I am waiting for the day when a visa is cancelled for false or misleading information, the minister being satisfied that an applicant when applying had NO intention of residing in the nominating state/territory. Sooner or later PIC 4020 will get a run - cancellation, lengthy exclusion period, character issues with any subsequent application. Quote Link to comment Share on other sites More sharing options...
Jobee1 Posted August 10, 2015 Share Posted August 10, 2015 (edited) I have heard a lot of good recommendations for GoMatilda and they were very helpful when I was making initial enquiries. I did decide to go it alone though, as the more I learned about the process, the more confident I became. In my opinion, although it was tricky and nerve-wracking at times, it is not beyond someone who is prepared to read the small print, several times, to ensure that every step is covered. The info is there on the immigration website. It's up to you if you want to spend that time or would rather pay someone (quite a lot tbh) for the peace of mind. PS - I got a Skilled Migrant Visa granted last week!!! :-) Edited August 10, 2015 by Jobee1 Quote Link to comment Share on other sites More sharing options...
Cazwilkins Posted August 10, 2015 Share Posted August 10, 2015 I'm with emigration group And cannot praise them enough. I was originally going for the golden ticket to live and work anywhere as a skilled migrant. That was until my career was taken off the list. Then I was going towards a 190 but then NSW took my career off the ist. Now Im settling for 489 regional sponsorship. All the while the emigration group have been amazing throughout and so supportive Quote Link to comment Share on other sites More sharing options...
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