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Visa 190 Moral Obligation


JayNair

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On 28/09/2018 at 20:57, JayNair said:

I have been researching on this topic, could not even find a single visa denial case. May I know the source of your information?

This has not happened to any of my clients, but I have been informed by other registered migration agents that it has happened to some of theirs.

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On ‎27‎/‎09‎/‎2018 at 03:08, JayNair said:

Hi Everyone,

Thanks to almighty, finally I am here in Australia.

........

Seniors, please help.

Thanks,

Jay

 

1) I wonder what your "almighty" thinks of your blatant disregard for a moral obligation to abide by an agreement.

2) you asked for help from seniors (I have noted some are senior in age, others are senior by wisdom through experience and others are senior in knowledge, i.e. they live and breathe and possibly feed their families with immigration law) yet you seem to have made up your mind already and want to challenge everyone offering you simple advice e.g. try for 6 months, liaise with the state etc.?

my suggestion...

1) Leave the state that gave you the 190...(its clear you will do it anyway)

2) have a chat with your almighty to make sure moral obligations don't become a hindrance towards citizenship, not just for you...but for many others who will come after you from wherever you have applied from...or worse still, anyone else period.

3) find a new partner...or save a heap of money to employ the services of an agent....I doubt the person you are concerned with about the partner visa will get one when the time comes for their visa

but don't worry...I'm not a senior by any stretch of the imagination...ignore me...I'm just rambling through...I do that from time to time.?

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1 hour ago, wrussell said:

and some ,all of the above.

 

 

YOU SEE!?!?

 

1 hour ago, SWMOY04 said:

but don't worry...I'm not a senior by any stretch of the imagination...ignore me...I'm just rambling through...I do that from time to time.?

PLENTY WISE ONES HERE...

I had missed out on the fact that some are indeed ALL OF THE ABOVE...?

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8 hours ago, SWMOY04 said:

1) I wonder what your "almighty" thinks of your blatant disregard for a moral obligation to abide by an agreement.

2) you asked for help from seniors (I have noted some are senior in age, others are senior by wisdom through experience and others are senior in knowledge, i.e. they live and breathe and possibly feed their families with immigration law) yet you seem to have made up your mind already and want to challenge everyone offering you simple advice e.g. try for 6 months, liaise with the state etc.?

my suggestion...

1) Leave the state that gave you the 190...(its clear you will do it anyway)

2) have a chat with your almighty to make sure moral obligations don't become a hindrance towards citizenship, not just for you...but for many others who will come after you from wherever you have applied from...or worse still, anyone else period.

3) find a new partner...or save a heap of money to employ the services of an agent....I doubt the person you are concerned with about the partner visa will get one when the time comes for their visa

but don't worry...I'm not a senior by any stretch of the imagination...ignore me...I'm just rambling through...I do that from time to time.?

Your post comes across as awfully aggressive, Perhaps English isn't the OP's first language

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Such a generous country, based on "word" giving nominations, and at first month, people try to dump their words, then everybody is surprised why Australia is tightening immigration laws. 

I intended to apply thru 190, then I was concerned whether I can fulfill my commitment, and waited till the point when I can secure 189. 

My view is, give a good start, Australia does not have any obligation at all to take you, and honoring the word should be above, if I were you, I would have tried 6 months, made 100 job applications, if no response, then I'd have moved applying to other states, if I'd have gotten a response, then I'd have stated to state the circumstances. But under no conditions to move to other state after 1 month, this shows that you were never genuine... 

With my full respect, this is very frustrating, especially having lots of genuine people which want to immigrate.

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On 28/09/2018 at 10:52, wrussell said:

DoHA  are cancelling some 190 visas in cases where holders failed to meet the 'moral' obligation.

Those who believe they are constitutionally/legally ok to do this might find themselves up that well known creek in a barbed wire canoe and with no paddle.

And so they should be. It's shocking that people think agreeing to terms and conditions to get a visa and then just do what they want and think it's funny and something to be proud of is ok.  

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17 hours ago, ali said:

Your post comes across as awfully aggressive, Perhaps English isn't the OP's first language

definately wasn't meant to be.... 

Just to be clear; English isn't my first language either...it's my third.

possibly less thought out as I was typing it in the early hours of the morning after a night of packing.

ultimately, I was simply advising the OP that they have asked for help, yet they are batting away all comments trying to help.

point number 3 can be expanded here as even I cringed when I read it back...???????

3)  find a new partner...or save a heap of money to employ the services of an agent....I doubt the person you are concerned with about the partner visa will get one when the time comes for their visa

New partner comment is based on the assumption that there irksome type of background checks done on the applicant and their sponsor... therefore, I'm advising JayNair that he needs to save up a lot of money for an agent worth their weight in gold to manoeuvre the potentially difficult application when the question of character (particularly the sponsors character) is asked.... what I meant by "I doubt they'll get one" could be better put as "I doubt if you insist on leaving without following the advice given (liaise with  State, try for 6 months) and live elsewhere then make a sponsorship bid, your character may possibly hinder your partner from obtaining a visa"

the last sentence were distasteful attempts at sarcasm/humour... but hey-ho. I won't delete it to make myself look good, I'm flawed and I erred and it should remain there for all to see how not to act/write in a public forum. 

I'm sorry JayNair, or anyone reading if you found it offensive. 

the underlying genuine heartfelt advice still stands though;

don't ask for advice and then disregard the people taking their time to advise you

..and...

no matter which God you proclaim, I'm yet to be told of one who approves of immoral behaviour

...and...

your actions NOW, affect others in the future, hence don't be selfish and soil it for everyone else trying to get to Oz.

 

 

bold typeface is only for summarising/highlighting, not for pushing some aggressive notion?

Edited by SWMOY04
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A clause from my service  agreement.

Please note:

Under the Migration Agents Code of Conduct a Registered Migration Agent is liable to severe sanctions for submitting fraudulent documents or misleading information that he or she knew, or should have known, were fraudulent or misleading. If you provide us with fraudulent documents or misleading information or allow another party to do so we will at our sole discretion terminate this agreement on such terms as we see fit.  Under Regulation 4020 applicants who submit fraudulent documents or provide misleading information stand to have visas refused, or if granted to have them cancelled and to face a lengthy exclusion period.

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As someone who came in on the 'ol 176 visa (granted by the ACT) we've stayed our two (and longer). However, during our first couple of years here I met a fair number of fellow 176'ers, especially those in IT, who couldn't find a job in their field no matter how hard they tried. I know of at least two who, after contacting the ACT Gov. showing proof of job applications etc and an offer of a position elsewhere, were happy to waive and just required them to fill out surveys and so forth.

My takeaway has always been that you should try for at least 6 months (I remember there being a requirement of showing you had enough funds to last a certain amount of time, might just be my memory), and then if all else fails, look further afield. If something crops up, notify them of your intentions, your reasons and proof you tried your best to honour the agreement and I doubt any would refuse it. An employed, working (and taxable) citizen is better for the economy I'd imagine.

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I came in on the old 176 visa and was sponsored by Victoria. It also took me a few months to get a job. Every 6 months for 2 years the department of immigration sent me a survey to check on my progress and to see if I was still working in by designated occupation. I am still in Victoria 9 years later so never flouted my moral obligation.  It annoys me when people simply say it is only a moral obligation and not a legal one. This type of attitude could potentially ruin it for future genuine applicants. I can also understand that sometimes people cant get jobs for whatever reasons so need to move states to improve their employment prospects. I think in these instances people need to be upfront and talk to immigration. It will only look more favorable for yourself and it may even improve the visa process for future applicants. I think its good to remember that it is not your right to be here, you were granted a visa because Australia needs your skills in a particular area. You need to earn that right to be here. In my opinion you need to be prepared that it wont be plain sailing for the first few years when you get here. It takes time to get established again . 

 

 

 

 

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Unfortunately it already has.
The subclass 190 visa is now very difficult to obtain State sponsorship, with all States now focusing on the subclass 489 instead.
I can't see why the state would issue a 190 when they have the 489. From the point of view of the state I can't see any advantages the 190 has over the 489.
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1 minute ago, JetBlast said:

I can't see why the state would issue a 190 when they have the 489. From the point of view of the state I can't see any advantages the 190 has over the 489.

Because it is an intensive to attract strong candidates with much needed skills to a particular State or Territory.

Very strong candidates have choices other than just Australia. Many are not interested in the provisional 489 as there is too much uncertainty associated with it.

The other factor is the additional resources required to monitor applicants on a subclass 489. States would rather be spending their limited funding and resources on other things.

 

 

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  • 2 weeks later...

I am someone who started my Journey in Australia from Adelaide in Feb 2015 ( on 457 Visa ), Applied 190 SS SA visa in MArch 2017 and recieved Visa in September 2017. Unfortunately as soon as I recieved PR, My Employer terminated my contract ( I got this contract from offshore and expectation was I would go back to offshore to join offshore office).  I went back to India in October 2017 and came back on 1-Jan-18. Serached for job for 3 months...till March end..Was not able to Secure anything...Then on one day I got call from Melbourne and they offered me contract for 6 months..I called SA Immigration office and checked with them if I can join the melbourne office ..They said okay go ahead and try finding job in Adelaide..which I kept finding..I am not still not able to find any job in Adelaide..Now my Melbourne office has agreed to provide me a permanent role..starting from 1-Nov-18..I again called SA Immigration department and checked with them if I can grab this role..They told me to send email...I sent email and next day I recieved a response from them as per attached. Please check attachement..

My Family still live in Adelaide..My Kids goes to school there ..I have house on lease there ..and I travel every week back to Adelaide..

Does anyone think I would have any issues in future?? This Permanent role can meant to be lot for me...

Untitled.png

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On 19/10/2018 at 17:04, saini@AU said:

I am someone who started my Journey in Australia from Adelaide in Feb 2015 ( on 457 Visa ), Applied 190 SS SA visa in MArch 2017 and recieved Visa in September 2017. Unfortunately as soon as I recieved PR, My Employer terminated my contract ( I got this contract from offshore and expectation was I would go back to offshore to join offshore office).  I went back to India in October 2017 and came back on 1-Jan-18. Serached for job for 3 months...till March end..Was not able to Secure anything...Then on one day I got call from Melbourne and they offered me contract for 6 months..I called SA Immigration office and checked with them if I can join the melbourne office ..They said okay go ahead and try finding job in Adelaide..which I kept finding..I am not still not able to find any job in Adelaide..Now my Melbourne office has agreed to provide me a permanent role..starting from 1-Nov-18..I again called SA Immigration department and checked with them if I can grab this role..They told me to send email...I sent email and next day I recieved a response from them as per attached. Please check attachement..

My Family still live in Adelaide..My Kids goes to school there ..I have house on lease there ..and I travel every week back to Adelaide..

Does anyone think I would have any issues in future?? This Permanent role can meant to be lot for me...

Untitled.png

If you want professional advice from an agent on this matter, you need to pay him for it.

However, that letter is congratulating you on your new job and giving you permission to go to Melbourne, so you should have no problems.

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2 hours ago, saini@AU said:

@ Raul T Senise   Can I request to respond on my above post?  

As an Agent on this forum I provide general information and guidance on various topics.

You have asked me to provide a specific opinion based on an expert from presumably long letter from the State Government. As a Registered Agent I am liable for any advice I give to a specific matter. I am not comfortable giving you very specific advice, which could have long term ramifications, without knowing full details of your application and situation.

You are asking me to give you confidence and assurance to break your obligation to the State, having had nothing to do with your application. This is not something I am prepared to do.

If you are not confident or certain, you should seek paid professional advice.

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  • 1 month later...

Hi,

I have been trying for a job since September and currently living in Melbourne , finally an employer from brisbane has agreed to give me a job, would it be ok if i go there and gain some Australian experience and come back to Melbourne,when i am on Visa 190, how does it work? Seniors kindly suggest.

Thanks,

Jay

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12 hours ago, JayNair said:

Hi,

I have been trying for a job since September and currently living in Melbourne , finally an employer from brisbane has agreed to give me a job, would it be ok if i go there and gain some Australian experience and come back to Melbourne,when i am on Visa 190, how does it work? Seniors kindly suggest.

Thanks,

Jay

You need to tell Immigration if your circumstances change, so you must notify them.  Explain that you have been unable to find a job and need to move temporarily to another state.  It's unlikely they will object but it's best to have their response in writing.  

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Except the OP hasn’t been looking for that long. It’s only a few weeks since September and it’s strange that he’s magically got a job offer in Brisbane so fast. You could almost believe he started applying for a job in another state as soon as he arrived here. I think Victoria might well tell him to try harder and for longer 😉

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  • 2 weeks later...
On 05/10/2018 at 09:26, Raul Senise said:

I have recently received confirmation that some States have successfully had sc190 visas cancelled for applicants not meeting their obligations and living and working in the sponsoring state, using cancellation provisions in the Migration Act.

Hey Raul

I've been in AU for 3 years now, home owner for two of those. I don't live in my sponsored state, as I found a job near immediately when I first came over while staying with some family.

I realise you cannot grunter anything, but after 3 years, do you think I'm fairly safe?

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