Tigersfan2017 Posted February 14, 2017 Share Posted February 14, 2017 [h=2]489 Regional Skilled Visa NT[/h] Hi all, First post so go easy! My family and I have been offered a 489 Regional Skilled Visa through the Northern Territory, I am the main applicant as a Safety Officer and we initially wanted to secure a 190 visa but to no avail due to us not having any family links or a firm job offer within NT. My question is that there is a possible job opportunity arisen within Adelaide, South Australia which as I understand it is recognised as one of the Regional areas and even with the restrictions imposed on the 489 visa, the whole of South Australia is recognised as regional. I am struggling to get any sort of response back from NT employers from jobs I have applied for which could be due to me applying from overseas but it has made us question how difficult it would be to find work within NT. I have spoken briefly about this with the migration agent and the moral against legal obligation phrase was used which is something that I have heard mentioned more than once on this forum! We intend to move next year and work and live regionally for the required period in order to secure permanent residency, my question is are we "legally" entitled to move to another regional state in order to fulfil this obligation or would we have to do it within NT. The obvious argument on our side is that we would still be living within a regional area if we moved to South Australia. Just to add we went to an Expo this weekend and posed the question to another migration agent who was at the seminar, they were reluctant to offer any advice without taking us on as a client but basically said it was a grey area. Has anyone out there being in this same situation or able to provide a thorough explanation so we know exactly where we stand, we aren't trying to jump ship intentionally but we would obviously consider South Australia it if it was something that could be done without any legal ramifications. Many thanks Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 14, 2017 Share Posted February 14, 2017 There is nothing grey about it. Here is the relvant condition: If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed. 8539 While the holder is in Australia, the holder must live, study and work only in an area specified by the Minister in an instrument in writing for item 6A1001 of schedule 6A or item 6D101 of Schedule 6D, as in force: (a) when the visa was granted; or (b) if the holder has held more than 1 visa that is subject to this condition — when the first of those visas was granted. *********************************************************************************************************** If you give the minister reason to believe that you never intended to reside in the sponsoring state or territory, there could be an issue about false or misleading claims. Do not take immigrationa advice from agents at Expos, the DIBP or state authorities. Check the regulations and if you are still unsure, consult a registered migrsation agent. All the RMAs who regularly post on this forum can give you sound advice. Quote Link to comment Share on other sites More sharing options...
George Lombard Posted February 14, 2017 Share Posted February 14, 2017 Hi Tigersfan, Westly's quite correct that it's risky to take advice from Expos or the Department or state governments. Also risky to take advice on public forums like this but at least the advice here is in writing. Basically you should be going through with the NT nomination and planning to migrate to the NT and FWIW, given that the NT is such a small pool, your posting here has probably given the Department all they would need to identify you and in fact question your intention to migrate to the sponsoring state. Yes they do monitor the forums :-( Best advice I can give you is to ask a moderator to delete this thread! Cheers, George Lombard Quote Link to comment Share on other sites More sharing options...
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