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Questions about the rules for a 190 (state sponsored) visa


iambritinoz

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Hey up pomsinoz,

 

i have a couple of questions for the rules around the 190 visa - if you guys might know the answer / or recommend a good migration lawyer person that i can go ask the questions to?

 

I will be the 190 visa holder, with my defacto partner on it as well. We are already on a 457 visa (and she as my defacto) for a couple of years.

We've also been living together, in Australia for 4/5 years.

 

my questions are:

 

 

 

  1. On the 190 visa, am i allowed to go on holiday, and is my partner?
  2. Are there any rules on the number of holidays, or the length of each holiday for either of us?
  3. Should i notify immi or 'liveinvictoria' each time i/we go on holiday?
  4. Are there places we can and cannot go (i want to go snowboarding in japan).
  5. As the 190 visa holder, i know that i must stay working in my nominating state (this is not an issue) - but is my partner bound by the same stipulation, or can she for example do 3 months locum/temp work in a different region if she wanted to?

 

 

If i need to go ask a professional person expert this stuff / migration person - could anyone recommend me a good one that won't rip me off :)

 

thanks massively!

 

britinoz

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Hey up pomsinoz,

 

i have a couple of questions for the rules around the 190 visa - if you guys might know the answer / or recommend a good migration lawyer person that i can go ask the questions to?

 

I will be the 190 visa holder, with my defacto partner on it as well. We are already on a 457 visa (and she as my defacto) for a couple of years.

We've also been living together, in Australia for 4/5 years.

 

my questions are:

 

 

 

  1. On the 190 visa, am i allowed to go on holiday, and is my partner?

  2. Are there any rules on the number of holidays, or the length of each holiday for either of us?

  3. Should i notify immi or 'liveinvictoria' each time i/we go on holiday?

  4. Are there places we can and cannot go (i want to go snowboarding in japan).

  5. As the 190 visa holder, i know that i must stay working in my nominating state (this is not an issue) - but is my partner bound by the same stipulation, or can she for example do 3 months locum/temp work in a different region if she wanted to?

 

 

If i need to go ask a professional person expert this stuff / migration person - could anyone recommend me a good one that won't rip me off :)

 

thanks massively!

 

britinoz

1. Yes.

2. No. None whatsoever.

3. No. They're not in the slightest bit interested.

4. No restrictions whatsoever.

5. You are both bound by the same visa conditions but the obligation to live and work in the sponsoring state for 2 years is only a moral obligation, not a visa condition. Your partner will be able to work temporarily in another state if she wishes.

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I might as well hijack this thread to ask my question about the SC190.

Given that I can get the 189, but will be invited to apply quicker via 190 - I'm considering nomination by NSW.

 

I have no plan to actually live there as I have job opportunities and family elsewhere. I also have no moral qualm with doing this - can I get into any sort of trouble doing that?

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There is currently no visa condition requiring 190 holders to live and work in the sponsoring state but the states seem to be getting pretty sick of people accepting sponsorship with no real intention of living in that state. It's probably only a matter of time before something more binding than a moral obligation is imposed.

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I don't blame them and understand I'm doing wrong, but this migration process of mine kicked off 5 years ago, and I'm pretty keen to get going asap, before anything catastrophic happens (like my occupation dropping off the list, or something equally devastating)

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I don't blame them and understand I'm doing wrong, but this migration process of mine kicked off 5 years ago, and I'm pretty keen to get going asap, before anything catastrophic happens (like my occupation dropping off the list, or something equally devastating)
You do have to convince the sponsoring state of your intention to live there. Having relatives in another state could work against that.
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Hey,

 

Couple more questions from the defacto in question :-)

 

1. Can u leave the country while waiting for PR to be granted.

2. Are there a certain number of days per year you must remain in country to ensure PR is maintained on a yearly basis.

3. Once on PR are there any stipulations to ensure it is maintained.

4. How long does PR last for.

 

Thanks very much for the advice,

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