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Sarathkumar

Victoria state nomination commitment

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What happens if one gets  Victorian state nomination and got 190 Visa ..but not able to find a job offer in Victoria within two year of compulsory stay in the nominated occupation? Is  it possible to go to other state if a job is offered there without completing 2 years of compulsory stay in the nominated state?  Any input is much appreciated.
 
Thanks
Sarath

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They are being much stricter about this now and have cancelled visas. BUT. if you can show you have genuinely tried to find work and have a possibility of work in another state  (preferably a regional area) you can ask to be released from this obligation by your sponsoring state. 

I woulnt just assume that because people have moved in the past with no consequences that this is still the case. 

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So many wineries ......so little time :yes:

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3 hours ago, Sarathkumar said:
What happens if one gets  Victorian state nomination and got 190 Visa ..but not able to find a job offer in Victoria within two year of compulsory stay in the nominated occupation? Is  it possible to go to other state if a job is offered there without completing 2 years of compulsory stay in the nominated state?  Any input is much appreciated.
 
Thanks
Sarath

What you committed to is: that you and any of your dependants must live in Victoria for the first two years of your visa. This two-year period begins when you enter Australia permanently on the Skilled Nominated visa (subclass 190), or if you are already onshore, when your visa is granted by the Department of Home Affairs.

It’s not mandatory to continue to work in your nominated occupation.

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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Rammygirl: what if I can not get a job in materials research (my specilization) in Victoria even after a genuine effort (say for eg: after getting 10 rejection letter in victoria)..can I move to sydney of I can get a job offer from there?

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3 hours ago, Sarathkumar said:

Rammygirl: what if I can not get a job in materials research (my specilization) in Victoria even after a genuine effort (say for eg: after getting 10 rejection letter in victoria)..can I move to sydney of I can get a job offer from there?

Only 10 rejections? They'd probably say you're not really trying. Give it 6 months then ask them for permission (with rejections to support) to move interstate. As had been said, it doesn't have to be in your area of specialisation, any job will do to start you off.

Edited by Quoll
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I agree 10 rejections isn’t a lot really.  I guess there aren’t many positions open though. You need to apply for related jobs that will get you a foot in the door and approach possible employers directly, jobs are not always advertised.  

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So many wineries ......so little time :yes:

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You are not required to work in your occupation.... or at all under the 190 LOL. They may be happy to tell you to piss off unless you have tried getting jobs stocking shelves too. After 2 years however, you are free to move, even if you were under/unemployed the entire time.

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Do you know by any chance the VIC state can give the release letter...I mean under what circumstances they usually do this??

 

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Posted (edited)
On 27/02/2019 at 08:16, Sarathkumar said:

Do you know by any chance the VIC state can give the release letter...I mean under what circumstances they usually do this??

 

Release letter? It's difficult! It is a condition of your visa to live in Vic and it cannot be changed. Moreover, your future employer from NSW or QLD ( any other state than VIC) when they carry out VEVO check prior giving you an employment offer, they would know that you are sponsored by a Victorian state government and legally are not allowed you to offer  a job. All the best! 

Edited by aus_expert

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Posted (edited)
2 minutes ago, aus_expert said:

 

 
1

 

Edited by aus_expert

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45 minutes ago, aus_expert said:

Release letter? It's difficult! It is a condition of your visa to live in Vic and it cannot be changed. Moreover, your future employer from NSW or QLD ( any other state than VIC) when they carry out VEVO check prior giving you an employment offer, they would know that you are sponsored by a Victorian state government and legally are not allowed you to offer  a job. All the best! 

Incorrect I'm afraid. 

The 190 is a moral agreement, not a legal one, and there is nothing to legally prevent any employer in any State or Territory from making a job offer to a 190 holder in another State. 

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Posted (edited)
5 hours ago, Nemesis said:

Incorrect I'm afraid. 

The 190 is a moral agreement, not a legal one, and there is nothing to legally prevent any employer in any State or Territory from making a job offer to a 190 holder in another State. 

Have you checked recent posts by agents. States have been tightening up and people have had visas cancelled for not living in the state. Also they are questioning this when applying for citizenship now. it is because people were not staying in sponsoring states that this has happened a loophole closed. It is a condition on the visa and states are monitoring it. 

Yes employers can make an offer but if a visa holder moves they can jeopardise their visa. 

Edited by rammygirl

So many wineries ......so little time :yes:

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25 minutes ago, rammygirl said:

Have you checked recent posts by agents. States have been tightening up and people have had visas cancelled for not living in the state. Also they are questioning this when applying for citizenship now. it is because people were not staying in sponsoring states that this has happened a loophole closed. It is a condition on the visa and states are monitoring it. 

Yes employers can make an offer but if a visa holder moves they can jeopardise their visa. 

I'm well aware of the fact that finally States are tightening up on the moral obligation. I've read all the posts by agents.

However it is not correct to say that it is "not legal for an employer to offer a job to a 190 holder in another State."  That is incorrect, as I said in my post nd I stand by it. 

I made no comment on the moral obligation side of it (which I personally think has been far too lax for far too long). I merely corrected the statement about the legal position of the prospective employer. Whether the applicant should accept that job is a whole different ball game which I chose not to dive in to. 

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8 minutes ago, Nemesis said:

I'm well aware of the fact that finally States are tightening up on the moral obligation. I've read all the posts by agents.

However it is not correct to say that it is "not legal for an employer to offer a job to a 190 holder in another State."  That is incorrect, as I said in my post nd I stand by it. 

I made no comment on the moral obligation side of it (which I personally think has been far too lax for far too long). I merely corrected the statement about the legal position of the prospective employer. Whether the applicant should accept that job is a whole different ball game which I chose not to dive in to. 

The first line of you post was saying it was only a moral agreement though, rather than a condition imposed by the state.  I did agree that there are no obligations on employers.

 

6 hours ago, Nemesis said:

Incorrect I'm afraid. 

The 190 is a moral agreement, not a legal one, and there is nothing to legally prevent any employer in any State or Territory from making a job offer to a 190 holder in another State. 

 


So many wineries ......so little time :yes:

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2 hours ago, rammygirl said:

The first line of you post was saying it was only a moral agreement though, rather than a condition imposed by the state.  I did agree that there are no obligations on employers.

 

 

I stated that it is a moral agreement, not a legal one. If it were a legal obligation then the 190 would be cancelled if someone moved away from the State and they would not be eligible for citizenship due to them breaching their visa conditions and being onshore illegally - ie visa fraud.

However, as things stand, although States are finally seeing sense, it is still not a legal obligation to remain in the sponsoring State or Territory and even the moral obligation is not yet widely enforced. 

 

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8 hours ago, Nemesis said:

I stated that it is a moral agreement, not a legal one. If it were a legal obligation then the 190 would be cancelled if someone moved away from the State and they would not be eligible for citizenship due to them breaching their visa conditions and being onshore illegally - ie visa fraud.

However, as things stand, although States are finally seeing sense, it is still not a legal obligation to remain in the sponsoring State or Territory and even the moral obligation is not yet widely enforced. 

 

I am here to give the best possible advice and I stand by my comments. I do know for the fact that employers in NSW are refusing to offer you a job if you are sponsored by any other state. I am not going into nitty- gritty and give examples here. 

It’s a no brainer guys- you are SPONSORED by a state for your PR. Ofcourse , you’ll have consequences if you don’t abide by the rules ! Doesn’t matter LEGAL OR MORAL ! You’ll have consequences  ! 

 

All the the best who are involved. 

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6 hours ago, aus_expert said:

I am here to give the best possible advice and I stand by my comments. I do know for the fact that employers in NSW are refusing to offer you a job if you are sponsored by any other state. I am not going into nitty- gritty and give examples here. 

It’s a no brainer guys- you are SPONSORED by a state for your PR. Ofcourse , you’ll have consequences if you don’t abide by the rules ! Doesn’t matter LEGAL OR MORAL ! You’ll have consequences  ! 

 

All the the best who are involved. 

I don't have an issue with their refusal to offer jobs because of the State Sponsorship by another State. 'Refusal to offer' is different to it being 'illegal'. 

My only point was that it is not illegal to offer a job to someone holding a 190 for a different State. Simple, straightforward statement.

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9 hours ago, aus_expert said:

I am here to give the best possible advice and I stand by my comments. I do know for the fact that employers in NSW are refusing to offer you a job if you are sponsored by any other state. I am not going into nitty- gritty and give examples here. 

It’s a no brainer guys- you are SPONSORED by a state for your PR. Ofcourse , you’ll have consequences if you don’t abide by the rules ! Doesn’t matter LEGAL OR MORAL ! You’ll have consequences  ! 

 

All the the best who are involved. 

Are you a migration agent?


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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