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sophieb92

Moving interstate before 2 years

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Hi,

I am in Victoria on a 190 visa and I was wondering if anyone has any experience/advice about moving interstate before the 2 year period is up...

I originally came to Australia on a WHV and I met my current partner quite soon after arriving here. He was a big part of the reason that I decided to apply for PR after my 2 year WHV was up. I went for the 190 because it seemed like the more straightforward and economical option as at the time we hadn't lived together for 12 months so seemed like the partner visa would be difficult/not possible for us. We planned to continue living together in Melbourne for the foreseeable future, so I applied for the VIC nomination and then for the 190 visa. However, this was all pre-pandemic and since I applied for my visa he has had to move interstate to Canberra for work, we decided to do long distance because I had already applied for the visa, and because we thought it would be short term (1 year). However, it seems likely that he will have to stay in Canberra for longer/indefinitely. Long distance is proving to be incredibly tough for us both and more expensive than we anticipated with flights between Melbourne and Canberra being so extortionate these days (despite being signed up to every frequent flyers program possible!), which is hard as we are trying to save for a house deposit.

I would love more than anything to be able to join him there and we can resume our life together, but I still have 1 year 9 months to go on my 2 year commitment as it took over 10 months for the visa grant to come through, so even though I was working full time in my nominated occupation, it won't count as it's from the date of the grant. I am thinking about contacting them to ask about to possibility of leaving Victoria at the beginning of 2022...but it seems like the only time they release people is when they cannot find work in the state, which isn't the case for me as I'm a teacher. 

I'm wondering if anyone has any experience/advice on this? Would this be a valid reason for requesting to leave? Would the fact that I've already lived and worked in Victoria for nearly three years count for anything? I've heard that people have had their visas cancelled if the state thinks that they never had any intention to follow through on the state commitment. For me, my situation has genuinely changed... I'm terrified to do anything that might jeopardise my PR!

Any help or advice would be much appreciated.

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You should write to them and request a release, explaining that your partner has had to move for work reasons.  If they give you a release letter, then all problems solved.

 

 


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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Seriously, I've never seen any case getting their visa cancelled. There's no condition on your visa, and that's just a moral obligation (not legal).

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47 minutes ago, hawkeye10 said:

Seriously, I've never seen any case getting their visa cancelled. There's no condition on your visa, and that's just a moral obligation (not legal).

How many visa holders do you know?  I agree it's been rare up till now but they can always change their minds.  Best to be on the safe side.  Also important to consider whether it might affect citizenship down the track


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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9 hours ago, Marisawright said:

You should write to them and request a release, explaining that your partner has had to move for work reasons.  If they give you a release letter, then all problems solved.

 

 

 

49 minutes ago, hawkeye10 said:

Seriously, I've never seen any case getting their visa cancelled. There's no condition on your visa, and that's just a moral obligation (not legal).

Thanks so much for your comments! I guess there's no harm in asking then... If they didn't think that it was a valid reason to leave and rejected my request then I would stay in Victoria, I'm not planning to leave unless they give me permission. I can always move up to the border to be closer to Canberra I suppose if all else fails, I know it is important to try your best to complete the commitment.

Yes I keep seeing that come up about the moral obligation... I suppose it's just not that clear what it means and what the consequences may be. I have seen on other threads people have posted stories about other people getting their visas cancelled, but it's not clear whether it was because they requested to leave or if they left without permission/never went to the state in the first place! It's also a bit unclear what the consequences are even if they agree to release you, again just concerned about doing anything that could affect future applications like citizenship!! 

Thanks so much for your advice guys!

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4 minutes ago, sophieb92 said:

Yes I keep seeing that come up about the moral obligation... I suppose it's just not that clear what it means and what the consequences may be. I have seen on other threads people have posted stories about other people getting their visas cancelled, but it's not clear whether it was because they requested to leave or if they left without permission/never went to the state in the first place! It's also a bit unclear what the consequences are even if they agree to release you, again just concerned about doing anything that could affect future applications like citizenship!! 

If they give you a release letter, then you can stop worrying, it's all good.  Some states have a policy of not releasing you, I have no idea if Victoria is in that category.  However, just the fact that you followed correct procedure and made a good case would count in your favour.


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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1 minute ago, Marisawright said:

If they give you a release letter, then you can stop worrying, it's all good.  Some states have a policy of not releasing you, I have no idea if Victoria is in that category.  However, just the fact that you followed correct procedure and made a good case would count in your favour.

Okay cool, that makes sense, thanks for that! As you can probably tell, I'm a bit of an overthinker/worrier haha. Just put so much time and energy into visa applications, so want to make sure that I'm doing the right thing and not putting everything I've worked for at risk, like you said, better to be on the safe side. I'm not sure either about Victoria's policy, there's nothing on their website about it, but I suppose they wouldn't want to encourage it would they.

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Posted (edited)
45 minutes ago, Marisawright said:

How many visa holders do you know?  I agree it's been rare up till now but they can always change their minds.  Best to be on the safe side.  Also important to consider whether it might affect citizenship down the track

Many have already secured the citizenship. DHA is separate from the state gov. So that's the flaw in the current system. If DHA really wants, they could have imposed that condition on 190/491 visa. But nothing has happened until now.

Edited by hawkeye10

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12 minutes ago, hawkeye10 said:

Many have already secured the citizenship....t nothing has happened until now.

Of course they have.   First rule of migration - never assume that what happened in the past is what will happen in the future.


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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14 minutes ago, hawkeye10 said:

Many have already secured the citizenship. DHA is separate from the state gov. So that's the flaw in the current system. If DHA really wants, they could have imposed that condition on 190/491 visa. But nothing has happened until now.

Maybe not - but there were warnings recently that failure to abide by the moral obligation would not be viewed favourably and it would be naive to assume that just because it has happened that way in the past - with so many abusing that moral obligation - it will continue to be so. I think a crack down would be a good idea.  We have had people on here being given a visa for one state but going immediately to another state where they had family or friends or a job.  Just not on.

I think the OP could make a good case for a release from the obligation and if they do everything right, they should be fine.

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7 minutes ago, Quoll said:

I think the OP could make a good case for a release from the obligation and if they do everything right, they should be fine.

Thanks for replying! By doing everything right, do you mean ensuring to communicate with the state government?

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59 minutes ago, sophieb92 said:

Thanks for replying! By doing everything right, do you mean ensuring to communicate with the state government?

Yup, write and ask them and make your case and hope for the best.

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2 hours ago, Quoll said:

Maybe not - but there were warnings recently that failure to abide by the moral obligation would not be viewed favourably and it would be naive to assume that just because it has happened that way in the past - with so many abusing that moral obligation - it will continue to be so. I think a crack down would be a good idea.  We have had people on here being given a visa for one state but going immediately to another state where they had family or friends or a job.  Just not on.

I think the OP could make a good case for a release from the obligation and if they do everything right, they should be fine.

Well, afaik, the only state that still gives release letter is SA.

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Thanks so much for all your advice, all I can do is ask and see what they say! Worst case scenario they say no/don't offer release letters and I stay here in Victoria, which is not even bad as I have a very secure job and I like Melbourne, I'll just be lonely 💔 haha. At least I'm not in the situation that some poor people are in where they have lost their job or are unable to find work in their sponsoring state. 

Cheers guys!

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On 31/05/2021 at 17:39, hawkeye10 said:

Seriously, I've never seen any case getting their visa cancelled.

I have!

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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6 hours ago, wrussell said:

I have!

Was that offshore applicant? Was there any appeal to AAT? Quite interesting to know about that case, especially if there's any record (like in database of AustLII). 

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2 hours ago, hawkeye10 said:

Was that offshore applicant? Was there any appeal to AAT? Quite interesting to know about that case, especially if there's any record (like in database of AustLII). 

Westly Russell is a migration agent.  He cannot discuss clients' cases.


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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3 hours ago, Marisawright said:

Westly Russell is a migration agent.  He cannot discuss clients' cases.

If it's gone to the court for appeal (AAT) then the case would be published. Like on AustLII.

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If it's gone to the court for appeal (AAT) then the case would be published...

About 20% of AAT cases, more or less, are published on  AustLII. 

 
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.
 
In several cases where clients have informed me that they did not intend to reside in the state or territory for which I had lodged their nomination applications, I inform the state or territory that I hold no further instructions (but not why) thank them for their attention to the application and ask them to please deal directly with the applicant and I terminate my contract with the client. I tell them why, and bill them.
 
Due to endless deceit by applicants, states and territories have introduced Draconian requirements for nomination.
 
Of possible interest:
 
 
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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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10 hours ago, wrussell said:

If it's gone to the court for appeal (AAT) then the case would be published...

About 20% of AAT cases, more or less, are published on  AustLII. 

 
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.
 
In several cases where clients have informed me that they did not intend to reside in the state or territory for which I had lodged their nomination applications, I inform the state or territory that I hold no further instructions (but not why) thank them for their attention to the application and ask them to please deal directly with the applicant and I terminate my contract with the client. I tell them why, and bill them.
 
Due to endless deceit by applicants, states and territories have introduced Draconian requirements for nomination.
 
Of possible interest:
 
 

Sounds like the OP should maybe apply then if she isnt being fraudulent and has a genuine case?  That's presuming the worst they can say no.

          Cal x


If you don't go after what you want, you'll never have it. If you don't ask, the answer is always no. If you don't step forward, you're always in the same place...

If you get a chance,take it, If it changes your life,let it. Nobody said it would be easy they just said it would be worth it...

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