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State sponsored - obligation to stay 2 years - is it a legal obligation?


Bridgeman

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I a researching visa options for a relative who is considering WA state sponsored as most of the family are here. However, he is an accountant and worried that he might not get a job in WA, I know there is an obligation to stay in the state for 2 years, but is this a legal obligation? Would he be allowed to move somewhere else if he couldn't find a job in WA and would there be any repercussions, eg could his visa be cancelled?

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I have seen on other threads here that it is a moral obligation only.

 

I have read those threads too, however the caveat is that I have yet to see a thread from someone who has gained citizenship after failing to fulfil the obligations of a SS 190 visa. Unless someone can point me in the right direction?

 

Jonny

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The citizenship angle is a good point...

 

My understanding is that tax file numbers are national rather than state issued, much as NI numbers are in the UK. Therefore you can take your number and work where you like.

 

I've also heard there's some stuff written in the Australian Constitution about freedom of movement for citizens and permanent residents that sits badly with the notion of having to remain within one state for a period of time.

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That's interesting. Thanks. The citizenship question is a bit of a worry though. is there anyone out there who has changed states? The WA sponsorship site indicates that it's only allowed with their permission. Just wondering what steps they could take?

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If you search through this website some more, you will find that it is a moral rather than a legal obligation.

If you get a visa stamp when you get your visa you will find there are no conditions on it limiting your movement around Australia.

From the posts, it seems those that have moved interstate have had no issues, even if they tell the sponsor first.

Having said that, your chances of obtaining State Sponsorship are likely to be greater if you believe in your reasons for going there in the first place.

Also, I tend to agree with those that say you should at least give it a go in your sponsored state to settle and find employment, that seems fair to me.

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I think Jonny English was specifically asking the question in relation to citizenship. I know there are many examples on the forum of people who have jumped state almost immediately and not had any come back in their efforts to seek employment.

 

My feeling is that failing to fulfil the criteria of state sponsorship would not effect your chances of obtaining citizenship in any way but, I too, would like to hear it straight from the horses mouth as it were.

 

My understanding is that there is a push to get more permanent residents to take up citizenship as it solidifies their relationship with the country. They certainly make it much easier (and cheaper) to take out citizenship than the million hoops you have to hump through to get PR. I don't think withholding it from hard working people wanting to make a commitment to Australia is on the agenda.

 

Yet again, citizenship is a federal matter and the states have little to do with it.

 

I think it would be a relatively simple matter to enforce the criteria of the state sponsored visas, but I don't think it's really in the Federal Government's interests to do so. I think market forces are at play here and, ultimately, it wants the migrants to go where the jobs are and start paying taxes. They have little interest in having people sitting around unemployed or under-employed in remote parts of the country just because, say, Victoria is concerned that there aren't enough podiatrists in East Gippsland, or whatever.....

 

Having said that, I agree there is a moral commitment to the state that sponsores you as you wouldn't be in Australia at all if it hadn't and you should give that state your best shot. However, if after 6 months you still find yourself picking fruit with the backpackers in Kununnuara, it wouldn't make much sense to turn down a well paid job in Melbourne.

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Guest thangvan

As many has said, it is only a moral obligation and your PR visa allows you to live/work ANYWHERE in Australia. However it is totally wrong and unacceptable when you don't want to live in state A but still apply for state A sponsorship just to get yourself to Australia.

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