his everyone.l want to know if you apply for 489 visa for nsw state nomination.the whole two years should you be in the orana region or anywhere in nsw or any regional state in aussie?thankyou for the advice you will give..

[akhona]

 

[Dorasi]

Hie, you have signed a commitment letter with Orana. You have to prove that you could not find a job so that they can give you a release letter. I am also busy with the our 489 Southern inland application. You can ask Chipo for information since she's in Orana with the same visa. 

[TakeItOnTheChin]

There are some different opinions on this. We received our 489 visa 4 weeks ago. The visa grant mentions all the low population regions in every state and does not restrict us at all to the region that invited us. The region that invited us is not even mentioned specifically. I asked my agent and also asked the question on a previous post here. From what I can understand, and as far as legislation is concerned, if you want to apply for PR then you must live (for 2 years) and work (for 1 year) in any of the low population regions as indicated for the 489 visa. The region that invited you would certainly like you to stay, work and contribute to their region but legally they cannot hold you to it. That is my understanding, good luck

[qbbq]

digging up an old thread, however @TakeItOnTheChin have you moved to another state without a release letter ?

I am going to be in the same situation in a few months, and would like to live in another state, other than the one that sponsored me.

my visa only has the condition that I live / study / work in a regional area, no mention about the state I applied 

[RYLC]

States take their state sponsored visas very seriously.  They will know where you end up living.  From what I've seen on a couple of other forums, it might feel like you have gotten away with it but it catches up with people again when they apply for citizenship (for the good character criteria) as you will have submitted a statement of commitment to the state and it was not truthful.  You must get a letter of release to move. Two years is not long and surely you wouldn't want to jeopardise citizenship over this?

 

Edited May 2, 2018 by RYLC

[qbbq]

thanks for the feedback. 

I had a look at the link, and the "no release letter" refers to the 190 visa sponsored by NSW. the link to the 489 visa doesn't specify anything about release letters.

 

further to this, the character criteria refers more to offences from a legal/penal point of view (criminal conviction, etc. not committing to stay in a state, then living in another state isn't a legal offence, but more of a moral one).

Application to the 887 visa only asks for proof of living in a regional area - there is no mention of sponsored state, and further to that the citizenship application page doesn't mention anything about state sponsorship.

[RYLC]

Sorry wrong visa then.  I'll have another look tomorrow for the link I found about this. A migration agent posted about it on another forum.  Will have to find it...

[ChrisH]

From the home affairs website:

 

 

I would strongly advise against breaching the conditions of your visa.  They will take compliance with any and all previous visa conditions into consideration when considering your citizenship one day so rather get the condition waived or a written exemption.

 

[qbbq]

thanks @ChrisH , however as far as I understand the selected area refers to applicants Nominated by a state (Visa 190), I am a sponsored applicant, and the highlighted section pertains to me. On my visa grant letter, it also states that the only condition I have is 8539 (screenshot below)

 

[TakeItOnTheChin]

20 hours ago, qbbq said:

digging up an old thread, however @TakeItOnTheChin have you moved to another state without a release letter ?

I am going to be in the same situation in a few months, and would like to live in another state, other than the one that sponsored me.

my visa only has the condition that I live / study / work in a regional area, no mention about the state I applied 

Hi qbbq,

 

We were invited to a certain region within NSW and moved to another region within NSW. There are about 7 regions in NSW as far as I can remember, so we have stayed within the state. The move was because of work but I followed up with a lawyer before the move after I had read articles confirming that legislation allowed 489 visa holders to move to different regions and states as long as they lived and worked in the regional postal codes as stipulated.  The nominated region is not a legal requirement and the region would like you to stay there but they can't force you to if you cannot find work, etc. I have a few friends that have already got their PR887 visas after moving regions, so no problems. We apply later this year

[TakeItOnTheChin]

[qbbq]

Thanks @TakeItOnTheChinyour feedback clarifies my concerns.

I believe there's caveats to working regional as well, ie. If a large corporation has a branch in regional and the visa holder works at the regional branch, or working from home in a regional area while the company is in a major city, and lastly opening a business in a regional area and becoming a "consultant" to a company in the city. Do you know anyone that went with either of these routes? 

Edited May 3, 2018 by qbbq

[ChrisH]

Cool thanks for clarifying, as long as you stick to the visa conditions you'll be fine.  I've seen so many threads on various Facebook pages where people are essentially trying to find loopholes in regional visas, all this does in the long run is that government will tighten controls around those visas and come down harder on trespassers and you don't want to be the one that they make an example out of.  

[TakeItOnTheChin]

50 minutes ago, ChrisH said:

Cool thanks for clarifying, as long as you stick to the visa conditions you'll be fine.  I've seen so many threads on various Facebook pages where people are essentially trying to find loopholes in regional visas, all this does in the long run is that government will tighten controls around those visas and come down harder on trespassers and you don't want to be the one that they make an example out of.  

Chris,

There is a bit of history around regional visas that you may not be aware of. They actually purposely made it easier for migrants in regional areas because previous regional visas were very restrictive and in addition sponsors abused these migrants in many ways, which included sponsor regions not processing valid requests for transfer, or for illegal requests for payments from migrants to transfer, etc which left migrants with financial and other losses, due to not finding work, etc. Having those restrictions deprived regional areas of thriving and working migrants. I think the old visas were named 476 but I may be wrong. Legislation therefore changed in this regard. It is therefore not a loophole as you mentioned, but flexibility for all. Yes the sponsoring regions would like you to stay in their region but it is not a legal requirement. They might lose one migrant but gain another from another region. 

 

Edited May 4, 2018 by TakeItOnTheChin

[qbbq]

On point @TakeItOnTheChin your explanation fits perfectly with what I have heard from my agent. I do hope that others in our situation find this thread and find some sort of finality in their decisions. As a parting note, if staying in a sponsored state was a requirement on the 489, this would have been a stipulation on the 887. The requirement on 887 would have stated that the applicant shouldn't even think about applying if they did not stay in their sponsored state(this isn't the case though). Similarly to the citizenship application, they only care about a person meeting the PR checkboxes, not the prior visa stipulations. It's almost as if once you walk through the first gate, you have to focus on opening and going through the 2nd gate, don't even worry or think about the the first gate! 😁

[TakeItOnTheChin]

23 hours ago, qbbq said:

On point @TakeItOnTheChin your explanation fits perfectly with what I have heard from my agent. I do hope that others in our situation find this thread and find some sort of finality in their decisions. As a parting note, if staying in a sponsored state was a requirement on the 489, this would have been a stipulation on the 887. The requirement on 887 would have stated that the applicant shouldn't even think about applying if they did not stay in their sponsored state(this isn't the case though). Similarly to the citizenship application, they only care about a person meeting the PR checkboxes, not the prior visa stipulations. It's almost as if once you walk through the first gate, you have to focus on opening and going through the 2nd gate, don't even worry or think about the the first gate! 😁

You've nailed it!

[TakeItOnTheChin]

On 5/4/2018 at 2:37 PM, qbbq said:

On point @TakeItOnTheChin your explanation fits perfectly with what I have heard from my agent. I do hope that others in our situation find this thread and find some sort of finality in their decisions. As a parting note, if staying in a sponsored state was a requirement on the 489, this would have been a stipulation on the 887. The requirement on 887 would have stated that the applicant shouldn't even think about applying if they did not stay in their sponsored state(this isn't the case though). Similarly to the citizenship application, they only care about a person meeting the PR checkboxes, not the prior visa stipulations. It's almost as if once you walk through the first gate, you have to focus on opening and going through the 2nd gate, don't even worry or think about the the first gate! 😁

You may also find the link below very helpful

 

http://myemail.constantcontact.com/IMMIGRATION-NEWS---Volume-276---Conditions-8535-and-8549-for-489-487-475-visa-holders.html?soid=1106091886176&aid=YalFKlu7q6U

 

Karl Konrad wrote this piece in the link and is the lawyer I consulted before moving from my region.

 

'Condition 8539 and 8549 only requires the visa holder to live in a regional or designated area as specified in the relevant legislative instruments, but not THE regional or designated area where you obtained the nomination or where your sponsor lives.

It is ok to move to any regional area or any designated area as long as the postcode relates to one of the appropriate lists indicated above.

Also, for those who are ready to lodged PR by lodging their 887 visa application after satisfying the ' 2 years residence and 1 year full-time work in a specified regional area' please make sure that you understand that as a 489/487/475 visa holder, you are allowed to live and work in multiple regional or designated areas for a gathered period of time that meets the 887 visa requirement to a total of 2 years'

 

Edited May 5, 2018 by TakeItOnTheChin

[qbbq]

Awesome thank you very much for this information.

I think those outside the country on a 489 waiting to emigrate and people that are in the country on other visa's besides 489, really give the 489ers additional stress with false information and misinterpretation of the laws of Australia.