brian2010 Posted April 11, 2015 Share Posted April 11, 2015 Hey folks Has anybody applied for citzenship in another state than the one that their visa was granted by , and before the 2 year moral obligation of staying in that state? I was granted a 190 visa ( vic ) back in March 2014, but moved to WA in November as i lost my job in vic, couldnt get a another one and only option was to take one in WA. Next month i,ll have done 4 years straight in oz and i,ll be over the 1 year minimum requirement for PR. Any advice out there would be great. Brian Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 11, 2015 Share Posted April 11, 2015 Moving states on a 190 before the 2 year moral obligation to stay in the sponsoring state as been met won't make any difference whatsoever when it comes to applying for citizenship. If you've met the residence and PR requirements, you'll get your citizenship without any problem - the question of having moved states early won't even arise. Link to comment Share on other sites More sharing options...
brian2010 Posted April 11, 2015 Author Share Posted April 11, 2015 Thanks Ozmaniac for the quick reply. So when i apply for citzenship in another state, i,ll be 14 months into my two year moral obligation and they will be cool with it. So i,ll be able to do the citzenship test and ceremony in WA then? Link to comment Share on other sites More sharing options...
Ozmaniac Posted April 11, 2015 Share Posted April 11, 2015 Thanks Ozmaniac for the quick reply. So when i apply for citzenship in another state, i,ll be 14 months into my two year moral obligation and they will be cool with it. So i,ll be able to do the citzenship test and ceremony in WA then? Yes, that's right. They won't care where you are or where you've lived as long as it was somewhere (anywhere) in Australia. Link to comment Share on other sites More sharing options...
Raul Senise Posted April 12, 2015 Share Posted April 12, 2015 Moving states on a 190 before the 2 year moral obligation to stay in the sponsoring state as been met won't make any difference whatsoever when it comes to applying for citizenship. Although this statement was previously correct, it may no longer be the case. Recent changes to section 116 of the Migration Act allow the Minister to cancel a visa if the circumstances for granting a particular visa no longer exist. This may be a response to so many people not abiding by the "moral obligation" of their state sponsored visas. Link to comment Share on other sites More sharing options...
brian2010 Posted April 13, 2015 Author Share Posted April 13, 2015 Even though it says " conditions - nil" on my 190 PR visa? Im surprised it doesnt say on the conditions that you must stay in that state for at least 2 years, but then again for 186 visas it doesnt say anything about staying with that employer for 2 years but that is the moral oblingation with the 186 visa. Link to comment Share on other sites More sharing options...
JoannaAch Posted April 13, 2015 Share Posted April 13, 2015 Although this statement was previously correct, it may no longer be the case. Recent changes to section 116 of the Migration Act allow the Minister to cancel a visa if the circumstances for granting a particular visa no longer exist. This may be a response to so many people not abiding by the "moral obligation" of their state sponsored visas. Hi, I'm not familiar with immigration law, but I can't see how not fulfilling the moral obligation to stay in the sponsoring state can be a reason to cancel visa under section 116a - circumstances to grant visa no longer exist? I would guess it relates more to, for example partner visas when the relationship breaks down or a business visa where the business no longer operates? And in general for temporary visas only? What circumstances/facts would no longer exist in case of 190 visas? Link to comment Share on other sites More sharing options...
Raul Senise Posted April 13, 2015 Share Posted April 13, 2015 Hi,I'm not familiar with immigration law, but I can't see how not fulfilling the moral obligation to stay in the sponsoring state can be a reason to cancel visa under section 116a - circumstances to grant visa no longer exist? I would guess it relates more to, for example partner visas when the relationship breaks down or a business visa where the business no longer operates? And in general for temporary visas only? What circumstances/facts would no longer exist in case of 190 visas? How about Regulation 190.215 for starters. I am not saying that Immigration will definitely cancel all subclass 190 visa holders who do not remain in their sponsoring State. I am simply making people aware that the Migration Act has recently been strengthened in this regard and the question raised is not as simple any more. It will be up to the Minister as to how this section of the Act is applied in practice. Link to comment Share on other sites More sharing options...
JoannaAch Posted April 13, 2015 Share Posted April 13, 2015 How about Regulation 190.215 for starters. I am not saying that Immigration will definitely cancel all subclass 190 visa holders who do not remain in their sponsoring State. I am simply making people aware that the Migration Act has recently been strengthened in this regard and the question raised is not as simple any more. It will be up to the Minister as to how this section of the Act is applied in practice. Doesn't criteria 190.215 need to be true only at the time of the visa application? That is stated in 190.2 "All criteria must be satisfied at the time a decision is made on the application." Doesn't that mean that it does not apply for after the visa is granted? Link to comment Share on other sites More sharing options...
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