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Found 13 results

  1. The NSW sponsorship letter for a subclass 190 visa says: "When you apply for NSW State Nomination you commit to live and work in NSW for the first two years of your stay in Australia." The question is what does actually constitute as "living and working in NSW". Can a subclass 190 visa holder work as a, say, sole trader and do some kind of consultancy in these two years? Or is s/he legally bound to be an _employee_ of some company in the sponsoring state/territory? Can the clients of the sole trader be outside Australia, or must they be within the sponsoring state/territory?
  2. Hi All, I know that this subject has been raised many times before regarding your obligations as an employee when leaving your current employer (who had sponsored you in the ENS Subclass 856 visa) as to whether or not you have to stay with your sponsor for 3 years or the visa can be cancelled? So apologies for the thread but it certainly is as clear as mud even more now!! I have seen a lot of threads saying that as their is no restriction stated on the 856 grant letter, therefore you do not have to stay with your sponsor, however I have just contacted the department of immigration to request some clarification on this and they informed me that your current sponsor could contest the PR (as I would be leaving before 3 years as stated on the 47ES form) with the department of immigration Sponsor Monitoring team which could therefore be investigated and your PR could therefore be rescinded? I am in a position at the moment that I have been offered new employment with a new employer in the same industry and position which will reduce my amount of living away from home therefore more time to spend with my family, will give me better job satisfaction and is actually for less money!! They can guarantee me work for the same duration as my current employer can (as per the PR application) and I am willing to pay back any monies spent by my current employer for the application. I asked the department whether I can transfer my PR to a new employer and the department of immigration said that it cannot be done? Surely you should be able to transfer your sponsor as you could do with your 457 visa? NOTE: I have not signed any kind of contract with my current employer that binds me to them for any duration either...... Any help will be greatfully received. Cheers!!
  3. Hi folks! I got my SS from WA and already lodged for a visa. Now just waiting.. My question is regarding the obligation regarding the money transfer which is mentioned in the SS agreement. There is a following paragraph there: You transfer around 40K$ into Western Australia for living costs and domestic arrangements. I wonder how strict are the government to this obligation? Since the moment I signed the agreement things are changed and I'm not sure I can transfer this amount of money now. When I take into account the around word, which is mentioned in the agreement, I assume they will not argue if there are minor differences. But what if the total amount will be far less than 40K$? Thanks!
  4. Guest

    176 Visa Obligations?

    Hi, Me and my wife are waiting for our 176 SA visa to be granted which should be within the month. The problem we have is we have looked for jobs in in SA with no luck and with no interest off employers but we have bth been offered terrific jobs in NSW!!! What are the legal requirements for us with regards to staying in SA for 2 years and and working for 12 months. We just dont want to turn down an oppurtunity of a life time for basically "nothing" in SA. I know this sounds dramatic but we also have friends in NSW which would make settling easier and obviously we had no intension of this happening. Any help or info would be great. Thank you!!
  5. HI THERE Myself and Ozzy partner applying for spouse visa 309/100 from UK where we have both lived for 12 years. can anyone advise or has been in same circumstance regarding writing a statement about how she can meet her sponsorship obligations... we obviously have no accommodation there until our arrival, and she will be having to restart her business there too so accounts from here may not count as much. I am a teacher so plan to find work upon arrival/arrange in advance. Anyone? cheers Dan
  6. Hi all I was hoping somebody may be able to help with a question i have around obligations to my employer who nominated me for this visa. I am due to arrive in Brisbane in January and have therefore not taken up employment yet, i have activated my visa recently and have been offered more attractive employment (in the same profession) but not for the same employer. Do i have a legal obligation to commence employment with the nominated employer (olloked on immi website & can't see anything) or can i take up the better offer? Sorry bit long winded, any help would be appreciated. Cheers Andy
  7. Dear all, Please let me have your opinion on this one regarding points for 175. I am about to lodge 175. But I have 115 points. I am also simultaneously applying for state sponsorship. My question is - If I do get state sponsorship, will my score go up to 125 ? And if it indeed goes up to 125, will I be given 175 or will I still be bound to the state (for 2 years) ? I would be honouring the state sponsorship that I accept but wanted to know if that is how DIAC awards points/175 visa. Regards, Joy
  8. Guest

    Family sponsor obligations

    Can anyone point me to clear information stating the specific obligations of a family member sponsoring a Skilled Visa applicant (GSM visa ?) All I can find on DIAC's website and the 1277 sponsorship form is a reference to : you agree to provide adequate accommodation and financial assistance as required to meet your relative’s reasonable living needs during their first 2 years in Australia (following grant of the visa if applying in Australia or 2 years from the date of arrival). This includes providing financial and other support, such as child care, that will enable your relatives to attend appropriate English language classes. Does this mean the sponsor is liable for rental / accommodation arrears and debts if they arise ? And what other financial liabilities does this hold ? Also, what is the process of 'forcing' a sponsor to meet these obligations and what are the penalties if they don't ? Thanks in advance for any info or links provided, Jay
  9. krissyazz

    ENS- Obligations

    Hi just a quick question, on the ENS visa if you have not signed a contract saying you will work for the company for x amount of time, is there an obligation from the government to stay working there for a certain period? like 1 or 2 years, or will i be free to work any where in Australia? Thanks Kris
  10. Guest

    ENS (856) obligations

    Hi, we had just gotten our PR visa 2 mos ago and a friend in another company learned about this and now wants to hire me. We were previously on 457 which obligated us to stay with the sponsoring company. Can DIAC revoke the PR if I take the new job offer? I and my family were sponsored by the company under ENS 856, but effectively paid by us. Also, the company did not ask us to sign any contract binding us to stay should the PR be granted. Hope someone can provide some clarity on this. Thanks!
  11. Hi Guys, I understand from the Australian immigration website that if you are sponsored by any state for a 176 visa, you are obligated to live in the state for atleast 2years. Please see link below. http://www.immi.gov.au/skilled/gener...-applicant.htm However i have been told by people who have acquired state sponsored PR that it is not necessary to live in that state. Can you please tell me whether it is necessary to live in the sponsoring state? If yes, does it have to be 2 consecutive years? What happens if i am unable to live in that state? Would my PR lapse? Will it effect my citizenship application? My problem is that i am currently employed in Sydney and have very minimal options in my field of work in SA, NT and WA. Your advice and comments will be appreciated. Thanks
  12. Hi people, Myself and my partner recently applied for a visa as we want to live and work in Victoria. 2 days prior to our interview with the embassy my partners and I skills were taken off the list, Now the only place we can get is the Northern Territories. We don't have enough points for a 175 and after researching the Northern Territories I really don't think its for us. We are both in our 20's and we want the city life. Am I right in thinking that if we accept the 176 state sponsored visa to the territories we are under no legal obligation to stay there. We are willing to try it but dont want to stay somewhere we are not going to be happy.Is it really that simple that its only a moral obligation and that after literally validating our visa we can get on another flight to where we want to be? If this is the case can we start looking for jobs in the victoria area even though we dont have a visa for there??? Or do we need to get out there first, move then look for a job? Any advice would be great as I can't ask the visa dept these questions. thanks James & liz
  13. Got this in an email this morning,makes interesting reading,especially the comment about 457 visa holders needing to pay for private health cover. Government releases draft employer obligations for overseas workers Thursday, 12 February 2009 The Rudd Government today released draft regulations outlining new sponsorship obligations for employers of temporary skilled overseas workers on Subclass 457 visas. A panel of industry, union and state government representatives will now begin assessing the proposed new regulations to provide feedback to government. The Minister for Immigration and Citizenship, Senator Chris Evans, said advice from the Skilled Migration Consultative Panel will assist the Government to finalise the sponsorship obligations that will apply to all employers of Subclass 457 visa holders. The employer obligations were drafted following the Visa Subclass 457 Integrity Review conducted by industrial relations expert Barbara Deegan last year. Proposed employer obligations to be considered by the panel include: Payment of a minimum salary to Subclass 457 visa holders Payment of return travel costs for visa holders and their spouses Cooperating with inspectors exercising powers under the Worker Protection Act. Senator Evans said the Government is considering basing the minimum wage for Subclass 457 visa holders on the market rate paid to Australian workers employed in similar positions. 'Paying market rates for Subclass 457 visa holders will effectively make them a more expensive option for employers,' Senator Evans said. 'This will ensure that temporary skilled overseas workers are not employed ahead of local workers or used to undermine Australian wages and conditions. 'The principle of the Subclass 457 visa scheme is to supplement – not replace – the local workforce when there are serious skills shortages. 'The scheme is not to be used to employ overseas workers at the expense of local labour.' Senator Evans said that application rates for Subclass 457 visas in January 2009 were 31 per cent lower than in September 2008, reflecting the change in economic conditions. The declines were most pronounced in the construction, mining and manufacturing sectors. 'The 457 visa program is a demand driven scheme and it is showing that it is responding to the changes in the labour market,' Senator Evans said. The draft regulations also propose removing the requirement for employers to cover health care costs for temporary overseas workers. Instead, Subclass 457 visa holders will be required to take out private health insurance at their own expense and cover any school expenses for their children. Under the Worker Protection Act passed late last year, employers who fail to satisfy a sponsorship obligation may face administrative sanctions and/or pecuniary penalties of up to $33 000 from September 2009. The Subclass 457 visa program is an uncapped scheme driven by labour market demand for employers to sponsor skilled overseas workers in Australia for up to four years.
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