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Question about the 2-year living/working commitment of State Sponsorship


kagga

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Hello everyone!

 

I got my 176 PR on the basis of SA sponsorship. When applying for the sponsorship, I read on their official website that "

Applicants must demonstrate a genuine interest in South Australia and a commitment to live and work in the state for at least two years by:". Also, in the "Sponsorship Application Cover Sheet" I have signed and posted to SA, one of the items under "Declaration" is "Sponsorship is being granted on the condition that I will migrate to and live in South Australia for at least two years."

 

Besides, the "Visa Grant Important Information" sent to me by DIAC says:

Your visa has been granted on the basis of a nomination by a State or Territory government.

States and Territories providing nomination require applicants to agree to:

● remain in the State or Territory for a period of at least two (2) years;

● keep the State or Territory government informed of changes in address details before and

after arrival; and

● be prepared to complete surveys and provide information as required.

 

From the above wordings, can I take it that the 2-year commitment does not require me to stay in the sponsoring state for the very first 2 years? Or, can I go to Sydney first, and then move to South Australia after a couple of years just to fulfill the 2-year living commitment? If so, will I be taken as not performing my "moral obligation" and be sued?

 

Thx in advance.

Kagga

 

 

Edited by kagga
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they wont send you anything so move there for a temporary time to get tax numbers and give an address then move away if you feel like it.

 

I'm thinking of moving across country after a few months as I'm not too sure I like Perth. As long as you tried it then your OK I think.

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Agreed. It obviously means the first two years. SA isn't that bad. ;-)

 

Thank you for your reply.

 

But the dilemma is that I've recently got an internal transfer offer to the Sydney office of my current company, and they just do not have much business in the Adelaide office.

 

So going to SA means I need to give up the precious internal transfer offer and also my current seniority in the company and start from scratch in SA. But from what I know, the work opportunities for my specialty in SA are quite limited. Probably I will have to do some labour work which is totally unrelated to my qualification and skills.

 

I do like to go to SA, and Adelaide indeed is a good city that fits well into my lifestyle. I just badly need this transfer offer to make my start in Australia a little easier. Once I've got proper local work experience, I will definitely seek to move back to SA, at least to fulfill my 2 year living commitment.

 

I'm just wondering if SA government will understand my special situation?

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Guest spreadingwings

Re the moral obligation on the 176/190 visa, a well-respected migration agent has advised that this is a state requirement and not a DIAC requirement, and will therefore not affect your visa, PR or citizenship in any way. This makes sense if you think about it, as circumstances change over time. If you receive state sponsorship today but only move in 4 years (you have a max of 5 years to move) and can no longer find a job in the state that sponsored you, Australia as a country (DIAC) still wants you in the country as they approved your visa, not the state.

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Thank you for your reply.

 

But the dilemma is that I've recently got an internal transfer offer to the Sydney office of my current company, and they just do not have much business in the Adelaide office.

 

So going to SA means I need to give up the precious internal transfer offer and also my current seniority in the company and start from scratch in SA. But from what I know, the work opportunities for my specialty in SA are quite limited. Probably I will have to do some labour work which is totally unrelated to my qualification and skills.

 

I do like to go to SA, and Adelaide indeed is a good city that fits well into my lifestyle. I just badly need this transfer offer to make my start in Australia a little easier. Once I've got proper local work experience, I will definitely seek to move back to SA, at least to fulfill my 2 year living commitment.

 

I'm just wondering if SA government will understand my special situation?

 

There is no condition on your visa regarding staying in the state that has sponsored you, (unless you are on a Provisional Visa).

 

Do what is best for you and your family.

 

There is not much SA government can do apart from repeat what you have already said in your first post. SA do not guarantee you work, but sponsor occupations that they feel that there are shortages in their state, by giving extra points so people will move to their state.

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It says migrate To not move to so IMO its the first two years.

 

Does "migrate" necessarily mean "move internationally"?

 

If yes, what if I go to NSW and live there for some time (which is permitted by DIAC for unconditional PRs) and then go out of Australia, and then "migrate" (here definitely internationally) to SA and settle down there? Does it count in fulfilling the "migrate to" promise?

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It's irrelevant really, as its only a moral obligation anyway. I would have to say don't apply for a state you don't want to live in if you are worried about moral obligations if your not then do what you want/need to do. When we emigrated we used a fab agent Go Matilda, their advise was it's the first two years, good enough for me but if you are trying to catch the wording out then again Id say why ?

Edited by Que Sera, Sera
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Re the moral obligation on the 176/190 visa, a well-respected migration agent has advised that this is a state requirement and not a DIAC requirement, and will therefore not affect your visa, PR or citizenship in any way. This makes sense if you think about it, as circumstances change over time. If you receive state sponsorship today but only move in 4 years (you have a max of 5 years to move) and can no longer find a job in the state that sponsored you, Australia as a country (DIAC) still wants you in the country as they approved your visa, not the state.

 

Thanks, mrmoose!

 

What you said makes me feel less anxious.

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It's irrelevant really, as its only a moral obligation anyway. I would have to say don't apply for a state you don't want to live in if you are worried about moral obligations if your not then do what you want/need to do. When we emigrated we used a fab agent Go Matilda, their advise was it's the first two years, good enough for me but if you are trying to catch the wording out then again Id say why ?

 

Thank you for your reply.

 

Indeed, I am struggling mentally with this "moral obligation". I don't mean to leave SA for good, as that will break my promise and make myself a cheater. The problem is for the moment I just can't fulfill my commitment due to various reasons. But I will take it as a debt and definitely move back to SA when things get easier for us.

 

For the wording -- maybe I'm just trying to find an excuse to ease my guilt for being unable to fulfill my promise in a way that many people think I should have taken.

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There is no condition on your visa regarding staying in the state that has sponsored you, (unless you are on a Provisional Visa).

 

Do what is best for you and your family.

 

There is not much SA government can do apart from repeat what you have already said in your first post. SA do not guarantee you work, but sponsor occupations that they feel that there are shortages in their state, by giving extra points so people will move to their state.

 

Thank you, lebourvellec!

 

Indeed, there are no conditions on our PR visas.

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