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Akira

190 visa state change from SA to NSW

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I have got a query on changing state on 190 visa.We ( family of 4 - I  as Primary applicant, my wife and 2 children as secondary applicant ) have got our 190 visa issued in Nov 2016 from SA ( with visa conditions as NIL) and we applied the visa from Japan and got it issued while we were in Japan and all of us are still in Japan and not yet relocated. One of the conditions of 190 visa is that applicants need to live in the state for the first 2 years.

Recently my son have been granted a place in a top Secondary school in Sydney - NSW as he passed an entrance examination.He is supposed to join there from March 2020. I don’t want my son to miss this opportunity and one of the enrollment conditions is that School need to have an NSW address of parents of children. SA does not seem to be have top grade secondary schools as compared to NSW.
 

So my wife and my children are planning to relocate to Sydney in March 2020. Though I will remain in Japan here.I would like to know about following :

1) As my wife and my children will not be fulfilling their 2 year moral obligation to stay in SA. What procedure do they need to follow to get the release letter from SA

 

2) What email address of SA immigration need to send email for my above situation.

3) Has anybody faced situation like this and provided a release letter ?

 

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You can contact Immigration SA here: https://www.migration.sa.gov.au/contact-us

Have a read through this thread for some background: 

 

If you have already enrolled your child in school in NSW, it may prove difficult to argue that you had made any attempt to settle in SA. 


____________________________________________________________________

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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3 minutes ago, paulhand said:

You can contact Immigration SA here: https://www.migration.sa.gov.au/contact-us

Have a read through this thread for some background: 

 

If you have already enrolled your child in school in NSW, it may prove difficult to argue that you had made any attempt to settle in SA. 

Dear Paulhand,

thanks for your reply. Yes , have gone through the thread. As far as attempts to settle down in SA is concerned. We visited SA in Dec 2017 and lived there for few days.I agree it was not for months. My whole family have got Medicare cards issued by Centrelink Adelaide. Me and my wife has Bank accounts and ATM cards with bank balance and bank statements with SA address. Me and my wife also has the Proof of age cards issued by Service SA. We have TFN as well. But we returned back to Japan as I was not able to secure any job there. I applied for many jobs while being in Japan afterwards but got no replies.

cheers,

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1 hour ago, Akira said:

I have got a query on changing state on 190 visa.We ( family of 4 - I  as Primary applicant, my wife and 2 children as secondary applicant ) have got our 190 visa issued in Nov 2016 from SA ( with visa conditions as NIL) and we applied the visa from Japan and got it issued while we were in Japan and all of us are still in Japan and not yet relocated. One of the conditions of 190 visa is that applicants need to live in the state for the first 2 years.

Recently my son have been granted a place in a top Secondary school in Sydney - NSW as he passed an entrance examination.He is supposed to join there from March 2020. I don’t want my son to miss this opportunity and one of the enrollment conditions is that School need to have an NSW address of parents of children. SA does not seem to be have top grade secondary schools as compared to NSW.
 

So my wife and my children are planning to relocate to Sydney in March 2020. Though I will remain in Japan here.I would like to know about following :

1) As my wife and my children will not be fulfilling their 2 year moral obligation to stay in SA. What procedure do they need to follow to get the release letter from SA

 

2) What email address of SA immigration need to send email for my above situation.

3) Has anybody faced situation like this and provided a release letter ?

 

There’s perfectly good high academic schools in SA (coming from a teacher perspective)

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1 hour ago, Lambert said:

There’s perfectly good high academic schools in SA (coming from a teacher perspective)

Based on how the original poster phrased the statement I'm assuming his son applied and passed the admission test for one of the "Uber" exclusive private schools and not a high performing state school.

NSW does have the upper hand on private schools (at least in worldwide reputation stakes anyway)

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29 minutes ago, Ausvisitor said:

Based on how the original poster phrased the statement I'm assuming his son applied and passed the admission test for one of the "Uber" exclusive private schools and not a high performing state school.

NSW does have the upper hand on private schools (at least in worldwide reputation stakes anyway)

Not necessarily. There are plenty of selective state schools which require you write exams and pass should you wish to attend. Most of these schools surpass the private schools in their results. 

I personally think that these state visa's should be revoked if the 2 year obligation is not met, or alternatively - if you haven't lived in the sponsoring state, no citizenship should be granted. 

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10 hours ago, purplealster said:

Not necessarily. There are plenty of selective state schools which require you write exams and pass should you wish to attend. Most of these schools surpass the private schools in their results. 

I personally think that these state visa's should be revoked if the 2 year obligation is not met, or alternatively - if you haven't lived in the sponsoring state, no citizenship should be granted. 

I think it’ll go that way but at the moment from what I read across many forums the 190 is more or less a license to do what you like and still have permanent residency and citizenship a few years later.  

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12 hours ago, Akira said:

 We visited SA in Dec 2017 and lived there for few days.I agree it was not for months. My whole family have got Medicare cards issued by Centrelink Adelaide. Me and my wife has Bank accounts and ATM cards with bank balance and bank statements with SA address. Me and my wife also has the Proof of age cards issued by Service SA. We have TFN as well. But we returned back to Japan as I was not able to secure any job there. I applied for many jobs while being in Japan afterwards but got no replies.

What a pity you did not join this forum for advice back in 2017.    It is totally unrealistic to expect to find a job within a few days or weeks.  Migrants are advised to arrive in Australia and allow three to six months to find employment. Returning to Japan almost guaranteed you would not find a job, as Australian employers are reluctant to hire an overseas applicant.  

If you are now planning to remain in Japan until you find a job in Australia, I fear your visa will expire before you are successful.

 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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20 hours ago, purplealster said:

Not necessarily. There are plenty of selective state schools which require you write exams and pass should you wish to attend. Most of these schools surpass the private schools in their results. 

I personally think that these state visa's should be revoked if the 2 year obligation is not met, or alternatively - if you haven't lived in the sponsoring state, no citizenship should be granted. 

I am talking about selective schools only in NSW. SA does not selective schools. When we received PR way back in 2016 my son was in Primary school and we thought of putting him in Primary school in SA. But the situation has changed over the years and he is now eligible for Secondary Schools and NSW seems to be offering better choices for Secondary schools.check this web page which lists Australia’s top secondary schools and you can check how many of them figure out from NSW, Victoria and SA.

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@Akira, your only possible course is to request a release from your obligations under your 190 visa.  

As Paul posted in that other thread, some applicants in some states have had their visas revoked already for failing to meet the criteria. SA may or may not accept that applying for jobs from overseas is an adequate effort, but you won't know unless you try.  


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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HI 

Can anybody tell me how and where should I apply for Release letter in SA for 190 Visa?

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I cannot but wonder why you chose South Australia as your sponsorship state in the first place. Was it your only choice (as it has been for many people in the past) or did you genuinely want to live and work here? South Australia has always been proactive in encouraging migrants by offering sponsorship, however over the years their support has been abused. I am not saying for one moment that this is the case with yourself, but it is the reason why they are now putting tighter conditions in place.

In recent years South Australia has invested heavily in their schools and universities. Last years budget saw almost $700 million set aside for the upgrading of facilities and infrastructure, so their commitment to education is evident. If your son is bright, as I suspect he is, he can thrive and achieve in any good school. Alternatively, could he not be a resident/boarder at the NSW school during term time? This would enable you to fulfill your moral obligation to the State that gave you sponsorship and hence the opportunity to live and work in Australia.

There must have been a need for your skills at the time of application, otherwise they would not have awarded you the sponsorship, so once you are on the ground permanently, finding a job should be possible. South Australia is a wonderful place to live - don't underestimate the opportunities that await you and your family here.

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