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Employed sponsorship????


Cat83erine

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From what you have said, the most appropriate way to stay in Australia long-term may be to seek a position with an Australian employer in NSW, who then MAY be able to sponsor/nominate you for a 457/186 visa (or 187 in a regional area) provided they meet all the criteria to become a sponsor and/or nominate you and you meet the criteria for the relevant subclass. Assuming you aren't in Australia yet, a working holiday or ETA may be the only way of getting here in the first place, as it may be difficult to secure a position from offshore.

 

If you are unable to obtain a position but you are willing to consider moving to NT or SA (and you satisfy all of the criteria set by that territory/state, as well as the General Skilled Migration criteria), then state nomination MAY be an option.

 

You need to genuinely intend to move to the nominating state or territory. However if your plans change and you end up moving - for example from SA to NSW - before your commitment to SA is complete, there does not appear to be any obvious legal mechanism for the Department of Immigration to cancel a subclass 190 visa (the permanent state-nominated subclass) or for the relevant state to otherwise "punish" you for breaching your commitment.

 

Most states are "wise" to the potential abuse of the state nomination process - for example SA makes applicants go to some trouble to prove that they have researched the state and have a genuine preference for SA over other states.

 

However, I have not heard of a 190 visa being cancelled on the basis that the visa holder failed to settle in the nominating state.

 

I would be interested to know if anyone has experience or heard of this happening - and on what basis this was done (or attempted) by the Department.

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