winkle100 Posted November 19, 2011 Share Posted November 19, 2011 Persons without visa's and the high horse brigade please comment constructively, i can't be doing with the old moral obligation flannel;your taking a visa from some one that wanted that state blah blah blah! Its not my intention to offend anyone I'm just seeking fact not fiction! Does anyone know anyone that has actually flown to their sponsored state, visited the zoo and flown where ever you fancied and there not been any come back? Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted November 19, 2011 Share Posted November 19, 2011 this question has been asked many times, here are links to previous threads that should answer you query.. http://www.pomsinoz.com/forum/migration-issues/127725-question-about-state-sponsorship-moral-obligation-stay-2-years.html http://www.pomsinoz.com/forum/migration-issues/123558-176-obligation-dilemma.html I am sure a search of the forum will bring up many more similar posts, Link to comment Share on other sites More sharing options...
lebourvellec Posted November 19, 2011 Share Posted November 19, 2011 I think the best thread Ive read on PIO regarding this http://www.pomsinoz.com/forum/migration-issues/94967-visa-176-obligation-live-work-another-state.html Link to comment Share on other sites More sharing options...
winkle100 Posted December 4, 2011 Author Share Posted December 4, 2011 Advise required; I originally applied to Melb for SS but now know Perth is a better option for me and my family. Having been to both states I feel I have made a mistake. Should I send a letter to the state explaining my situation saying that my circumstances have changed and you feel a different state will be better for me and my family for various reasons. Help!!!!!!! Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Guest TAMMYT Posted December 4, 2011 Share Posted December 4, 2011 I just curious to know; If the person does not live in the Sponsored state and lives in other states, how the sponsored state will know? Suppose the person can provide a local address in the sponsored state and visits the state often; however does not live there, is it a breach of visa conditions? Will the176 state sponsored visa be cancelled? Link to comment Share on other sites More sharing options...
thewebweazel Posted December 4, 2011 Share Posted December 4, 2011 I just curious to know; If the person does not live in the Sponsored state and lives in other states, how the sponsored state will know? Suppose the person can provide a local address in the sponsored state and visits the state often; however does not live there, is it a breach of visa conditions? Will the176 state sponsored visa be cancelled? The sponsor state expects you to fill out questionnaires / surveys every 6 months or so ! Link to comment Share on other sites More sharing options...
winkle100 Posted December 4, 2011 Author Share Posted December 4, 2011 Someone said this before, but has anyone ever received one or even filled one out? Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Guest Posted December 4, 2011 Share Posted December 4, 2011 It seems from all the posts that its a big moral obligation and not set in stone by law, I suppose some people will fare better in other states job wise and for others who have never visited before may not like the state they signed up for, like joining the wrong army unit. It wouldnt hurt to talk to the state people and explain your case or pay an immigration consultant a one off fee to tell you as they may already know. I dont think its a high horse thing as signing up for a state means you feel indebted to that state for taking the bother to sponsor you and not someone else and you may well do good there and help them fill skill gaps, in other words given time it may just turn out right for you after all in the state you picked. Link to comment Share on other sites More sharing options...
Guest Posted December 4, 2011 Share Posted December 4, 2011 Actually this is the best reply ive seen on this subject... Hi Goldencoil The answers to your supplementary questions are: 1. It will have no impact on your applications for RRVs. There is no condition that can be imposed on a sc 176 visa that requires you to live in a particular State, so there are no visa conditions to breach if you decide to move to a different State instead of the sponsoring State. 2. There is no problem if you decide to live in VIC for the first year and move to SA later. SA know perfectly well - at the time when they offer you their sponsorship - that circumstances might change and so you might decide to move to another State instead of SA when you first move to Oz. They also know full well that you might never even visit SA for a holiday for as long as you live. The State Governments do not waste any time worrying about it. Loads of people get sponsorship from VIC and they have every intention of moving to VIC and living there forever. However their circumstances change and either they get a better job offer from an employer in SA or they simply decide that they prefer SA to VIC, so they move to SA. The flow of immigrants going in each direction is probably about equal in those two States. For instance, if a VIC sponsored immigrant wants to buy a house in Oz, he will get considerably more house for his money if he buys a house in Adelaide instead of in Melbourne. "3. If relocating in another state has no impact at all, then what can they actually do (even in the most little kind of way) in such cases? Are there any?" They cannot do anything. Nor would they want to. Please don't worry about it. Cheers Gill Link to comment Share on other sites More sharing options...
calNgary Posted December 5, 2011 Share Posted December 5, 2011 Actually this is the best reply ive seen on this subject... Just bear in mind the post you have quoted is quite of date ,,, things may have changed and its worth double checking. Cal x Link to comment Share on other sites More sharing options...
Guest VickyMel Posted December 5, 2011 Share Posted December 5, 2011 Someone said this before, but has anyone ever received one or even filled one out? Sent from my iPhone using Tapatalk We have been in VIC 4 months and have filled out 2 so far. Easy for anyone to check where you live, if you have a driving licence, want to work/pay tax... Link to comment Share on other sites More sharing options...
Guest TAMMYT Posted December 5, 2011 Share Posted December 5, 2011 We have been in VIC 4 months and have filled out 2 so far. Easy for anyone to check where you live, if you have a driving licence, want to work/pay tax... Sorry. You did 2 forms in 4 months! Thought it is six monthly. Did you need to go their office to fill up the forms/surveys? Or did they post it to you? Do you sharing a sample format for the benefit of me & other members? Thank you very much! Link to comment Share on other sites More sharing options...
winkle100 Posted December 5, 2011 Author Share Posted December 5, 2011 I'll be interested to see that,I've been advised that Victoria above other states keeps a good eye on its migrants. Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
Guest TAMMYT Posted December 5, 2011 Share Posted December 5, 2011 Does Vic take good care of migrants? I beg to differ. Their support for new immigrants is ........ Just try to use their job search to know. Link to comment Share on other sites More sharing options...
Guest TAMMYT Posted December 5, 2011 Share Posted December 5, 2011 Vickymel, kindly see my post to you. Many people are eagerly waiting to hear from you. Many thanks! Link to comment Share on other sites More sharing options...
thewebweazel Posted December 5, 2011 Share Posted December 5, 2011 I am in the situation where I have received from WA when I would far rather live in NSW/QLD. I have asked the question "Whats stopping me living in another state?" a few times as well, so far it seems like nothing is stopping me from living where I want. I have identified some negatives with not honouring the commitment that I have made to WA by signing their undertakings form. Firstly nobody seems clear to what powers the sponsoring state has to enforce you to honour your commitment, it may well be that they could have your visa cancelled Failure to honour you commitment may brand you as being untrustworthy in further dealings with the Diac or the legal system If enough SS visa applicants fail to live in the sponsoring state it may force the DIAC to make the commitments legally binding or scrap the SS program. There will be a doubt in you mind on whether action may be taken against you, at least until you become a citizen. So I look at this way, If I had to rely on NSW or QLD for Sponsorship I would not have my Visa today. So it feels like I would be inviting bad Kharma if I didn't at least give WA a try! Link to comment Share on other sites More sharing options...
Chardy Posted December 5, 2011 Share Posted December 5, 2011 I am in the situation where I have received from WA when I would far rather live in NSW/QLD. I have asked the question "Whats stopping me living in another state?" a few times as well, so far it seems like nothing is stopping me from living where I want. I have identified some negatives with not honouring the commitment that I have made to WA by signing their undertakings form. Firstly nobody seems clear to what powers the sponsoring state has to enforce you to honour your commitment, it may well be that they could have your visa cancelled Failure to honour you commitment may brand you as being untrustworthy in further dealings with the Diac or the legal system If enough SS visa applicants fail to live in the sponsoring state it may force the DIAC to make the commitments legally binding or scrap the SS program. There will be a doubt in you mind on whether action may be taken against you, at least until you become a citizen. So I look at this way, If I had to rely on NSW or QLD for Sponsorship I would not have my Visa today. So it feels like I would be inviting bad Kharma if I didn't at least give WA a try! I would have preferred to be up near the Barrier Reef too but WA is my sponsor and in order to show good faith to my new host country I'll give WA a fair go before I start looking elsewhere...............the end of the day I'll go where I can find work - surely it's preferable for migrants to support themselves rather than rely on the state even if it means bending a "rule" or two !:wink: Link to comment Share on other sites More sharing options...
Chris N Lora Posted December 5, 2011 Share Posted December 5, 2011 I am in the situation where I have received from WA when I would far rather live in NSW/QLD. I have asked the question "Whats stopping me living in another state?" a few times as well, so far it seems like nothing is stopping me from living where I want. I have identified some negatives with not honouring the commitment that I have made to WA by signing their undertakings form. Firstly nobody seems clear to what powers the sponsoring state has to enforce you to honour your commitment, it may well be that they could have your visa cancelled Failure to honour you commitment may brand you as being untrustworthy in further dealings with the Diac or the legal system If enough SS visa applicants fail to live in the sponsoring state it may force the DIAC to make the commitments legally binding or scrap the SS program. There will be a doubt in you mind on whether action may be taken against you, at least until you become a citizen. So I look at this way, If I had to rely on NSW or QLD for Sponsorship I would not have my Visa today. So it feels like I would be inviting bad Kharma if I didn't at least give WA a try! A state cant cancel your Visa, it has been stated numerous times on this site and if you look you will find out, when you signed your agreement as long as it was in good faith there is nothing they can do. it has no baring on DIAC .. if you got a 176 with no conditions then how could they cancel it. I am moving to WA as we want that state and was sponsored by them never had any intentions of going anywhere else ... but do what is best for you .. and ignore all the do gooders who say you are taking a place from others ... others will hop states so evens out. Go where you want and good luck. Link to comment Share on other sites More sharing options...
thewebweazel Posted December 6, 2011 Share Posted December 6, 2011 A state cant cancel your Visa, it has been stated numerous times on this site and if you look you will find out, when you signed your agreement as long as it was in good faith there is nothing they can do. it has no baring on DIAC .. if you got a 176 with no conditions then how could they cancel it. I am moving to WA as we want that state and was sponsored by them never had any intentions of going anywhere else ... but do what is best for you .. and ignore all the do gooders who say you are taking a place from others ... others will hop states so evens out. Go where you want and good luck. I did bring this up with my Migration agent, he seemed astounded that I even asked the question and in short refused to give me an answer, it may be that it would have contravened his MARA registration if he advised any thing else but living in the State that has sponsored you. I did later find out from the lady that did the admin for my App that if you had a valid reason, like not being able to find a job, then hopping states was acceptable. I would expect if you didn't at least try out the state that sponsored you the DIAC might consider that you did not sign the agreement in good faith and my have grounds to cancel your visa, whether they will do it, I doubt it, but that is only going on the fact that I have never heard of it happening I did Check on the Living in Western Australia Website to see if there were any restrictions with hopping states http://www.migration.wa.gov.au/skilledmigration/Pages/Frequentquestionsaboutstatesponsorship.aspx Q: Am I able to relocate to another state even though I have not resided in Western Australia for two years post visa grant and what is the course of action for the applicant? A: By accepting State sponsorship you made a commitment to live and work in Western Australia for a period of two years and signed an agreement with the Government of Western Australia to do so. Applicants who request to relocate to another state will need to apply for release from their signed agreement through Skilled Migration WA. A bit Later..........................................I did a bit of reading and I believe that you are correct! Although making it know to the sponsor or the DIAC before Validation that you do not plan to live in the sponsors state would be unwise and probably would lead to to you visa being cancelled. Once your visa has validated you can pretty much live anywhere you like. I have to admit I'm a bit of a Scaredy Pants on this one and now that I have the Visa I'm not sure that I would risk being made a example of. It is possible that once DIAC decide that they have had enough of this practice they could quite easily use the Fraud Public Interest Criterion to cancel you visa http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf Link to comment Share on other sites More sharing options...
Chris N Lora Posted December 6, 2011 Share Posted December 6, 2011 I did bring this up with my Migration agent, he seemed astounded that I even asked the question and in short refused to give me an answer, it may be that it would have contravened his MARA registration if he advised any thing else but living in the State that has sponsored you. I did later find out from the lady that did the admin for my App that if you had a valid reason, like not being able to find a job, then hopping states was acceptable. I would expect if you didn't at least try out the state that sponsored you the DIAC might consider that you did not sign the agreement in good faith and my have grounds to cancel your visa, whether they will do it, I doubt it, but that is only going on the fact that I have never heard of it happening I did Check on the Living in Western Australia Website to see if there were any restrictions with hopping states http://www.migration.wa.gov.au/skilledmigration/Pages/Frequentquestionsaboutstatesponsorship.aspx A bit Later..........................................I did a bit of reading and I believe that you are correct! Although making it know to the sponsor or the DIAC before Validation that you do not plan to live in the sponsors state would be unwise and probably would lead to to you visa being cancelled. Once your visa has validated you can pretty much live anywhere you like. I have to admit I'm a bit of a Scaredy Pants on this one and now that I have the Visa I'm not sure that I would risk being made a example of. It is possible that once DIAC decide that they have had enough of this practice they could quite easily use the Fraud Public Interest Criterion to cancel you visa http://www.immi.gov.au/skilled/_pdf/fraud-pic.pdf I fully accept what you are saying and it does look scary but WA do not issue the visa it is DIAC, you got a 176 with no conditions on it, WA cannot demand or ask for your visa to be cancelled, like you I would be to scared to do it due to the agreement, but as said it is moral not legal. If you cant find a job in 1st few weeks jsut up and leave, Chris Link to comment Share on other sites More sharing options...
winkle100 Posted December 7, 2011 Author Share Posted December 7, 2011 Having listened to all the advise on here I have chosen to write a letter to the state that sponsored me explaining that my circumstances have now changed and that I now feel that another start would benefit us more at this point of our life's. I can only be honest - watch this space! Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
thewebweazel Posted December 7, 2011 Share Posted December 7, 2011 Having listened to all the advise on here I have chosen to write a letter to the state that sponsored me explaining that my circumstances have now changed and that I now feel that another start would benefit us more at this point of our life's. I can only be honest - watch this space! Sent from my iPhone using Tapatalk I would be careful about doing that unless you have validated your visa! I suggest you go on to the PomsinAdelaide http://www.pomsinadelaide.com/ Website and check out the thread on Hopping States, which a pretty similar to the ones here on PIO ,but there was some advice by GollyWobbler which I did find interesting concerning changing states before your visa is validated, its all hypothetical but its worth a read as she does know what she is talking about.(She helped loads of people out here on PIO over the years and has a legal background). Link to comment Share on other sites More sharing options...
thewebweazel Posted December 7, 2011 Share Posted December 7, 2011 Here is a link to the thread http://www.pomsinadelaide.com/forum/adelaide-migration-issues/24835-can-176-visa-sa-ss-move-another-state-first-2-yrs-due-job.html Link to comment Share on other sites More sharing options...
Que Sera Sera Posted December 7, 2011 Share Posted December 7, 2011 We are in WA on a state sponsered visa. I have never heard anything at all from the WA State Government, Ive been here 18 months and no questionairres nothing, although I assume they know were here from the child benefit, that we get, also Medicare, Centrelink, ATO etc etc. We didnt want WA at all, we were after Queensland but we are happy here and to be honest it just feels that if WA were sponsering my OHs job then Id have thought that this meant his job was in demand whereas if its not sponsered in another state then surely his job isnt needed there. So it would make sense to go where the work was.:cute: Link to comment Share on other sites More sharing options...
Guest Posted December 7, 2011 Share Posted December 7, 2011 I guess from the link you posted which I have added below sounds like its all a moral obligation and the state wont agree to saying 'Just Go and move' as it goes against their wishes for you to stay and support the state who sponsored you. So the crux is that it sounds legal to move state, tell the authorities you are moving so they can remove you off their contact list. But they are saying you should at least give it a fair go like you said in your form if you can, I agree with this 'Fair Go' thing if im sponsored by the state but thats my personal opinion and others may be finding it hard to get jobs in the state they were sponsored in. Heres the text from the SA Immigration from the other post... Permanent Visa While legally the Skilled Sponsored Visa (subclass 137/176/886), allows you to live and work anywhere in Australia, you are reminded that sponsorship was granted to enable you to obtain a permanent visa on the basis that you had indicated that you were genuine in your commitment and interest to live and work in South Australia for at least two years. Through sponsorship from South Australia you were granted a permanent visa by Commonwealth Department of Immigration and Citizenship (DIAC). You will recall that you had signed a Declaration in the course of the sponsorship application indicating that you would migrate to and live in South Australia for at least two years. Through sponsorship from South Australia you were granted the appropriate visa by Commonwealth Department of Immigration and Citizenship (DIAC). Without this sponsorship you would not have been granted this visa. We can only question if the information provided in your application was genuine. One of the objectives of these State Sponsored schemes is to disperse migrants to areas that sponsor them. By migrants not settling in these areas, the objective of this visa program is being compromised. Having granted you sponsorship, it would be counter-productive for Immigration SA to now agree for you not to settle in South Australia. We hope that you will consider your moral obligation and the intent and goodwill in which sponsorship was granted. We advise you to visit/ revisit the employment services to seek more assistance in securing suitable employment. Ring 1800 658 887 to make an appointment. However, ultimately, if you do decide to move, you should e-mail Immigration SA so that we can update our records accordingly and not contact you further. Link to comment Share on other sites More sharing options...
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