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Delaying move on 190 visa - 2 year rule still just a moral obligation?


bmorrison

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Hello everyone, here's my story:

 

I have received this week my WA SS approval, and will be soon applying for the 190 visa, and I have no problem with settling in Perth for 2 years, or even permanently, but I don't intend to move there right away, at least for the next 2, maybe 3 years. Although I am able to pass the points test to get the visa, I am still fairly young (24 yrs old, with bachelor degree but less than 3 yrs work experience) and based on the research I have done, I believe I will have a hard time finding a good job with my current resumé. Meanwhile, I am now being promoted in my current job, so I feel that gathering this more work experience in a higher level is a safer choice and will give me much better job prospects in Australia.

 

I have read a whole bunch of threads here about the 2 year residency rule on the SS visas, and from what I understood there is only moral, but not legal obligation, to move to the state immediately, and stay for 2 years. But most of these threads were from before the new system kicked in (Skill Select), so I was just wondering if anything has changed since then?

 

As part of my WA SS approval, I have to sign a letter stating my commitment to live and work there for 2 years after visa grant. In there it also says:

 

"Western Australian State Sponsorship is not transferable to other States or Territories in Australia. Applicants who are sponsored by Western Australia are required to live in Western Australia for at least the first two years after visa grant. Any changes to these commitments require written approval from SMWA, which will only be given in exceptional circumstances."

 

So, any thoughts? Is it still safe to disregard the 2 year rule? Could my situation be considered an "exceptional circumstance"? Would hate to spend those 3 grand and eventually lose my visa. Any help would be much appreciated!

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The best research you can do on the job front in WA with a Degree like yours is to give it a bloody good go and take the plunge and go to OZ and see for yourself, like you say you are young and time is on your side but why wait for extra experience in the UK when you will probably have to start at the lower end of your skill to prove yourself!!

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I should clarify that I am not from the UK, I am from Brazil. Also, that I am not moving for better job or more money, I am moving exclusively due to seeking better quality of life. I have a very good job in a reasonably big company, but at the same time I doubt that my current resumé is enough for me to get a job on the same level in Australia.

 

I think it is a very risky thing to just abandon a safe and good job, to *try* to find an ok job in Australia, in the middle of one the biggest world economic crisis of all time. I want the quality of life of Australia, but I am not going to risk being unemployed or having to accept a subpar job. I believe that in 2 years the world economy will be a little better, and I will have 2 more yrs of work experience, which is a much much safer scenario to make such a big move.

 

Rupert,

the letter that I have to sign in order to receive sponsorship states that I must live and work in WA for the first two years after visa grant. I understand that delaying the move is just as much of an infringement as not moving to the sponsoring state, isn't it?

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I should clarify that I am not from the UK, I am from Brazil. Also, that I am not moving for better job or more money, I am moving exclusively due to seeking better quality of life. I have a very good job in a reasonably big company, but at the same time I doubt that my current resumé is enough for me to get a job on the same level in Australia.

 

I think it is a very risky thing to just abandon a safe and good job, to *try* to find an ok job in Australia, in the middle of one the biggest world economic crisis of all time. I want the quality of life of Australia, but I am not going to risk being unemployed or having to accept a subpar job. I believe that in 2 years the world economy will be a little better, and I will have 2 more yrs of work experience, which is a much much safer scenario to make such a big move.

 

Rupert,

the letter that I have to sign in order to receive sponsorship states that I must live and work in WA for the first two years after visa grant. I understand that delaying the move is just as much of an infringement as not moving to the sponsoring state, isn't it?

 

I think waiting until you have more experience is a perfectly good idea.

 

I have already answered the question on the visa, however if you still have doubts then perhaps consult with a professional.

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I should clarify that I am not from the UK, I am from Brazil. Also, that I am not moving for better job or more money, I am moving exclusively due to seeking better quality of life. I have a very good job in a reasonably big company, but at the same time I doubt that my current resumé is enough for me to get a job on the same level in Australia.

 

I think it is a very risky thing to just abandon a safe and good job, to *try* to find an ok job in Australia, in the middle of one the biggest world economic crisis of all time. I want the quality of life of Australia, but I am not going to risk being unemployed or having to accept a subpar job. I believe that in 2 years the world economy will be a little better, and I will have 2 more yrs of work experience, which is a much much safer scenario to make such a big move.

 

Rupert,

the letter that I have to sign in order to receive sponsorship states that I must live and work in WA for the first two years after visa grant. I understand that delaying the move is just as much of an infringement as not moving to the sponsoring state, isn't it?

 

The letter might say the first two years after visa grant, but what it really means is the first two years once you have moved to Australia. You will be expected to make your first entry to Australia within a year but that doesn't mean you have to move at the same time. Immigration don't expect you to drop everything and move the second the visa is granted, they do appreciate that people have loose ends to tie up and things to sort out before they go. In addition the obligation is a moral one and not a legal one and nothing will happen if you decide to only spend six months in WA and then moved to another state.

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i think there is a misunderstanding..

 

2 years start when you 1st move into Australia. It doesnt count from the date visa granted.

 

if you move to australia in the third year after visa granted, you still need to stay in WA for 2 years.

 

unless you totally ignore the 2 years obligation..

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  • 3 weeks later...

alright guys, sorry for being repetitive, and thanks a lot for your help, now I can be a little more relaxed about spending those 3 grand on the application withouth worrying that I'll lose my visa...

 

like I said, I have no problem settling in WA when I do make the move to Australia, I just need a few more years to make sure I'll be able to settle well... while at the same time, I have the opportunity of a lifetime to get a PR visa with my occupation, which might not be available in a few years, so I felt that I needed to take this one, whatever happens in the future...

 

after almost 2 years since I started to study the Aussie Immigration process, I have finally received today my INVITATION TO APPLY... will be making my application very soon, just need to wait for my partner's IELTS results. pretty hyped right now!! thanks again, everyone

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