Can 176 visa condition of 2 yrs of work and live in same state be removed

[dan77 122]

Hi All,

 

We are in Adelaide on 176 visa. We came in March, and it's been 5 months but have not able to find a job till date. We are really worried now.

 

Do anybody here have any idea whether there is any chance of removal of 2yrs work and live condition on 176 visa, if yes what's the process?

 

Waiting for suggestions.

 

Regards

[Guest cazi]

Hi All,

 

We are in Adelaide on 176 visa. We came in March, and it's been 5 months but have not able to find a job till date. We are really worried now.

 

Do anybody here have any idea whether there is any chance of removal of 2yrs work and live condition on 176 visa, if yes what's the process?

 

Waiting for suggestions.

 

Regards

From what others have said, I think you may find its only a "moral" obligation and not a legal one. So if it's a question of moving and finding work or leaving and going home then I think you just need to decide if you want to break your word or go home. I don't think you will find that they will just remove the clause because you asked them to. I'm sure others with more knowledge than me will confirm or deny this, but I think I'm right.

[Ozzieland 959]

Hi All,

 

We are in Adelaide on 176 visa. We came in March, and it's been 5 months but have not able to find a job till date. We are really worried now.

 

Do anybody here have any idea whether there is any chance of removal of 2yrs work and live condition on 176 visa, if yes what's the process?

 

Waiting for suggestions.

 

Regards

 

This has happened before to others as well. I have heard that you have to call up the Adelaide Office and inform them of your situation. They may probably ask you a few questions and for some kind of proof to show that you have made an all out attempt to secure a job in their state. All in all, they cannot make you continue living in their state without a job as this is of prime importance to any one. After you get the green signal, you can then move state or go home or go anywhere you chose.

 

Good luck

[ponnuvarun 116]

Dear Sandeep,

 

I too inquired your question to some seniors who already settled there!! What they says is that at the time of citizenship application, this case will occur. Like non adherence of our promise of living in a state for 2 years. But if the State gives a green signal in writing.... definitely we can move to other states...

 

I suggest you to approach the State with proof (like copies of emails sent for job... negative mail received from prospective employers etc etc) and try to convince them that you are not getting a suitable job which suits your qualifications... Lets hear from them.

 

Satish

[sidharthd 149]

What Industry are you working in?

[dan77 122]

What Industry are you working in?

 

I am in Accounting.

[melbournegirlinny 1,570]

There is no legal condition on your 176 visa to stay in the state that sponsored you for 2 years. The only government authority that can impose legal 'conditions' is the Federal government since they have the power over the immigration area and issues migrant visas.

 

State sponsorship is a state government function and you do agree with the state that you will live there for 2 yrs. But you are not legally obligated to do so. You are not legally obligated to even call them and ask their permission to leave the state!

 

Nor is it correct to say that moving out of the state that sponsored you before the 2 years is up will affect your citizenship application. That is simply not true. Citizenship is granted by the Federal government.

 

If you have not been able to find a job in that period of time but can find a job in another state then that is an understandable reason to move. Have you tried using the job seeking advice that the SA government provides to new migrants? The fact is the economy is small in Adelaide. Have you looked on seek.com.au for accounting jobs in other cities and states?

[sidharthd 149]

If you got state sponsorship how can you not get a job?

[melbournegirlinny 1,570]

If you got state sponsorship how can you not get a job?

 

State sponsorship is not employer sponsorship and has nothing to do with getting a job.

[sidharthd 149]

But isn't it so that state sponsors an applicant with a particular skill because companies are in need of that skill in that state?

[Guest churchj1]

Maybe so, but just because a skill is deemed as being required, it doesn't mean that every person with those skills will get a job. Sadly many are in similar situations and here in Adelaide it certainly does appear to be who you know not what you know.

[sidharthd 149]

ok, that i can understand. I thought i had got my facts wrong about SS. :->

[melbournegirlinny 1,570]

I see what you mean. Well yes the states sponsor skills they believe they need but how closely that correlates with what the job market is like at some later point in time is anyone's guess I would say. In any event, even if jobs are available whether one gets a job depends a lot on how you present your CV/resume and cover letter etc...

[dan77 122]

Dear All,

 

Thanks for your valuable suggestions and responses. I have sent an email to migration deptt. of SA describing my circumstances and requesting them to remove the visa condition. Whenever I will get a responce I will post the update here.

 

Regards

[Alan Collett 3,431]

Dan,

 

To confirm: there is no visa condition such that you are at risk of losing your visa if you do not live in the sponsoring State.

 

It is though a courtesy to keep the sponsoring State informed of your situation and intentions.

 

Best regards.

[dan77 122]

Dear Allan,

 

Thanks for the reply. My concern is that, though I a may not loose visa by moving states but I may face some problem at a later stage (while applying for citizenship).

 

Regards

Dan,

 

To confirm: there is no visa condition such that you are at risk of losing your visa if you do not live in the sponsoring State.

 

It is though a courtesy to keep the sponsoring State informed of your situation and intentions.

 

Best regards.

[Alan Collett 3,431]

Citizenship by conferral is a matter of having resided for the required period in Australia, and being a permanent visaholder:

Australian Citizenship – Application process for Australian citizenship

 

Best regards.

[Ozzieland 959]

Dear Allan,

 

Thanks for the reply. My concern is that, though I a may not loose visa by moving states but I may face some problem at a later stage (while applying for citizenship).

 

Regards

 

Hi

 

Read 'melbournegirlinny' Post of 16/08.

 

Besides, I think financially supporting your family is of priority here and I am sure that all states will understand this. There are many who have moved states because they were unable to get jobs. However, it is you who will have to take this call.

[sidharthd 149]

Yes, melbournegirlinny has covered this before. Just do what you gotta do to get your job. Let the state know it though.

[Ezy Going 27]

I am sponsored by SA and plan to move there with my wife once visa is granted. I plan to stay in Adelaide for atleast 2 months and try my luck in finding a job there. But in case I do not find a job I will have to move to some other state.

 

Is 2 months a sufficient amount of time to convince SA officials that I have tried to fulfill my side of commitment or do they expect me to try a bit more. I know its a moral commitment not legal one but even for moral commitment what would be the right threshold when one should start finding jobs in other states?