Information regarding 190 Visa

[Joel]

Hi everyone I'm new here so please be patient if I have posted this in the wrong place.

So currently I am applying for a 189 skilled independent visa through a UK based agency. However I have been told that should I not be successful with that visa then the option of a 190 would be available to me. As far as I have been told/read this would require myself to live and work in the sponsoring state for a period of two years. Having said that though I have heard conflicting things from different sources of information e.g. that you do not have to stay and work there for two years. Basically I'm just looking for a bit of clarification from someone who has undergone this process recent just to set my mind at ease.

thanks a lot in advance.

 

Joel.

[wrussell]

There is currently no condition imposed on subclass 190 that requires holders to live or work anywhere in particular.

Frequent exploitation of this by applicants who had no intention of residing in the nomination state or territory has led to an  increasing percentage of offers of temporary visas that do have a work/residence restriction.

[Joel]

So would that not make it identical to a 189 visa?

[wrussell]

Not quite.

If the minister decides that false or misleading information was provided (no intention of residing in the nominating state or territory) adverse consequences could follow.

[Jonno1981]

I can see 190's being scrapped altogether, with 489's preferred. It's already starting to happen in South Australia this year for a lot of occupations (including mine). 

I think 489's are good as they encourage applicants to reside in the sponsoring state for at least 2 years and work for at least 1 year. Personally, I feel contributing to a state for a couple of years that was good enough to give me a golden ticket in the first place is the least I can do. 

Edited September 6, 2018 by Jonno1981

[Areyousure]

21 minutes ago, Jonno1981 said:

I can see 190's being scrapped altogether, with 489's preferred. It's already starting to happen in South Australia this year for a lot of occupations (including mine). 

I think 489's are good as they encourage applicants to reside in the sponsoring state for at least 2 years and work for at least 1 year. Personally, I feel contributing to a state for a couple of years that was good enough to give me a golden ticket in the first place is the least I can do. 

Yep totally agree with you. They might introduce another visa with an extended stay in a region before moving onto pr in the near future. 

[Joel]

Yeah it does seem a bit ungrateful to take it then run at the first opportunity.

[Richard Gregan]

Thee is no legal requirement. It is only a moral one, but this loophole is bound to be closed at some point.

 

Regards,

Richard

[Joel]

Thanks for the information Richard. As I was saying it seems a shame people exploit it. I’d of thought with the points raise happening that it will be closed soon enough. 

[Lavers]

Morning all

If the 190 visa was scrapped, would something similar be put in it's place?

[Jonno1981]

1 hour ago, Lavers said:

Morning all

If the 190 visa was scrapped, would something similar be put in it's place?

189 offers instant permanent residency, much like the 190, but without the moral obligation to live and work within a state.

In essence, 489 is already an alternative to 190 as it is also state sponsored and leads to permanent residency (887) providing you meet the requirements (live 2 years and work full time 1 year within the state that sponsored you). I believe in time 489 will completely replace 190 as it is much more difficult for migrants to ignore its obligations if permanent residence/citizenship is their goal.

Edited September 8, 2018 by Jonno1981

[Lavers]

26 minutes ago, Jonno1981 said:

189 offers instant permanent residency, much like the 190, but without the moral obligation to live and work within a state.

In essence, 489 is already an alternative to 190 as it is also state sponsored and leads to permanent residency (887) providing you meet the requirements (live 2 years and work full time 1 year within the state that sponsored you). I believe in time 489 will completely replace 190 as it is much more difficult for migrants to ignore its obligations if permanent residence/citizenship is their goal.

The 489 wouldn't offer PR straight away though would it. So that would only leave the 189 which does that.

[Jonno1981]

22 minutes ago, Lavers said:

The 489 wouldn't offer PR straight away though would it. So that would only leave the 189 which does that.

That's correct, 489 is a 4 year provisional, which leads onto PR 887.

[Lavers]

4 hours ago, Jonno1981 said:

That's correct, 489 is a 4 year provisional, which leads onto PR 887.

So if you can't get a 189 visa you can't access any benefits etc?

[Joel]

I hope my 189 comes through. Although if not I will gladly take a 190, not a huge drama really by the sounds of it. 

Edited September 8, 2018 by Joel

[Jonno1981]

21 minutes ago, Lavers said:

So if you can't get a 189 visa you can't access any benefits etc?

I think you have to be on at least PR (189/887) to have access to benefits. I believe even a 189 requires you to be resident for a while before you're eligible to claim (2 years is in my head for some reason). Not looked into it properly yet so not sure.

[Lavers]

1 hour ago, Jonno1981 said:

I think you have to be on at least PR (189/887) to have access to benefits. I believe even a 189 requires you to be resident for a while before you're eligible to claim (2 years is in my head for some reason). Not looked into it properly yet so not sure.

I think you claim child benefit straight away which helps make things easier whilst you get sorted. Hopefully the 190 stays in place for a while longer.

[Karstedt]

Yeah, technically, you can skip town once granted the 190, but it will piss off the state. Short of the immigration Minister stepping in to declare you a fraud, nothing will happen though. Better just to maintain residence in that state for 2 years.

The problem with the 489 is that you aren't guaranteed PR after your regional term. You have to apply for yet another visa which could ultimately be denied... and the rules/criteria for visas are far from stable in AU.

[Lavers]

2 hours ago, Karstedt said:

Yeah, technically, you can skip town once granted the 190, but it will piss off the state. Short of the immigration Minister stepping in to declare you a fraud, nothing will happen though. Better just to maintain residence in that state for 2 years.

The problem with the 489 is that you aren't guaranteed PR after your regional term. You have to apply for yet another visa which could ultimately be denied... and the rules/criteria for visas are far from stable in AU.

So surely if the 190 visa was scrapped they would put something else in it's place which gave you PR straight away.

They could just enforce the terms of the 190 and if you skip states before the first 2 years your out.

[VERYSTORMY]

On 8 September 2018 at 13:49, Jonno1981 said:

I think you have to be on at least PR (189/887) to have access to benefits. I believe even a 189 requires you to be resident for a while before you're eligible to claim (2 years is in my head for some reason). Not looked into it properly yet so not sure.

Other than child benefit, you have to be a citizen to access benefits

[Nemesis]

1 hour ago, VERYSTORMY said:

Other than child benefit, you have to be a citizen to access benefits

Many benefts are available to permanent residents, after a certain qualifying period on that visa (used to be 104 days, but that may have got longer). Certainly no need to actually be a citizen to access most things.

[Sue Battistin]

I was recently discussing my clients 190 case with my associate who approves State government sponsorships,  and she advised that the DHA are cancelling 190 visa for holders for not completed the required two years sponsorship. I am sure that if this is the case that our migration association will provide updates of which I can also update here. I would be interested to know what provision they are cancelled under. 

[wrussell]

Quote

 I would be interested to know what provision they are cancelled under. 

From my post above:

If the minister decides that false or misleading information was provided (no intention of residing in the nominating state or territory) adverse consequences could follow.

 

[Lavers]

1 hour ago, Sue Battistin said:

I was recently discussing my clients 190 case with my associate who approves State government sponsorships,  and she advised that the DHA are cancelling 190 visa for holders for not completed the required two years sponsorship. I am sure that if this is the case that our migration association will provide updates of which I can also update here. I would be interested to know what provision they are cancelled under. 

And so they should, it spoils it for genuine people who will stick to the terms of the visa.

Does this mean that the government are in full support of the 190 visa?

[Sue Battistin]

20 minutes ago, Lavers said:

And so they should, it spoils it for genuine people who will stick to the terms of the visa.

Does this mean that the government are in full support of the 190 visa?

The 190 and the 489 are the most popular skilled visa subclass and we can get invitations issued quickly. The reason being that the states issue the invitations not the DHA.  States are in control of what occupations they most require at any given time. The can amend lists as required so that it quickly reflects what the State/Territory needs are.