190 - Moral Obligation Confirmation

[Dan Jade]

Hey My partner is hopefully about to be granted his 190 visa after being nominated by NSW. After reading through the terms and conditions of the visa its stated to have no LEGAL obligation to leave NSW or live elsewhere, just a moral obligation. I am just wondering if when we go to Australia could we fly straight into QLD as that is where there is more work for my partner and where he knows he could find work as we spent a year here on a working holiday visa, or would we have to fly into NSW. Also if he was applying for jobs in NSW and QLD before we were due to fly out and got offered a job in QLD, would that be a problem? Thanks for your help

[SOMV]

Hi Dan,

 

You are correct in that there is no visa condition that comes with the 190 that specifies where a 190 visa holder must live. BUT as part of your application to NSW for sponsorship your partner would have signed an undertaking to spend the first 2 years of his life in NSW and also agreeing that you would keep them informed about where you are and so on. So yes, this is definitely a moral obligation. Some might even say that it is a legal contract. Although I have not heard that this has ever been made into an argument. So strictly speaking, as far as the visa itself goes there really isn't a requirement attached to the visa.

 

Having said that, the Department introduced very strict anti-fraud provisions not that long ago, and these apply to all visa applicants and to all visa holders. So everyone should be aware that if the Department becomes aware, at any point, that a visa holder or applicant committed fraud in order to obtain a visa, they can cancel that visa and they can throw out the applicant if they really want to. This means that if any evidence comes to light that your partner applied for sponsorship but never meant to live in the sponsoring state, this could be construed as fraud and then you could lose your visas regardless of any visa conditions. Don't forget that even forums, such as this, or a suitcase with a job offer from an employer who is not in a sponsoring state, are potential "evidence". You never know who is reading this forum. I realise that this sounds incredibly paranoid, but you need to know that the Department does take fraud seriously.

 

All paranoia aside, there is definitely no rule that you must fly into your sponsoring state.

 

My advice would be to give NSW a genuine go, and if things still don't work out let NSW know that you have had an incredible job offer from elsewhere and would it be ok for you to take that job offer up as you have not been able to find an equivalent job opportunity in NSW. They may not be happy about it, but there would be no question that you did genuinely give NSW a go, and they can't really stop you going elsewhere if you can't support yourselves in the sponsoring state.

[wrussell]

This means that if any evidence comes to light that your partner applied for sponsorship but never meant to live in the sponsoring state, this could be construed as fraud and then you could lose your visas regardless of any visa conditions.

 

100% correct, and sooner or later the minister will make an example of someone.

[Raul Senise]

100% correct, and sooner or later the minister will make an example of someone.

 

I agree and can see it happening when applying for Citizenship, as Immigration applies ever increasing scrutiny and higher standards.

 

One of the criteria for Citizenship is "Behaving in an ethical manner, conforming to the rules and values of Australian society" which is further explained as "a decision maker can be satisfied that an applicant is of good character if the applicant has demonstrated good enduring/lasting moral qualities that are evident before their visa application and throughout their migration and citizenship processes."

I think that it would be hard to argue that immediately breaching the “Moral Obligation” to the State, be considered as behaving in an ethical manner.

[Dan Jade]

Thank you very much for your replies I can see it becoming an issue in future and I don't want to jeopardise the potential of becoming a citizen! thanks again!