489 & 190 Regional loopholes

[DigiGander]

Has anyone gone the route of a 489 for Tasmania and ended up in another low-density region? The reason I ask is that we can get a 489 or 190 for Tasmania but want to go to Adelaide rather. Is this a big risk? 

[RYLC]

It's interesting isn't it with the 489/190 sponsored visas.  With every other visa class people strictly follow their visa requirements but with the 489/190 somehow there is perceived wriggle room. From the state's point of view: visa holders have accepted the state "seats" so no they can't bags themselves some different "seats" when they get here.  Every state decides how many "seats" they can offer / sponsor every year and they get federal funding based on that. They are not happy when people don't abide by their allocation as it has a monetary implication for them as a state.  WA has been known to cancel state sponsored visas for people who made no effort to abide by the conditions.

 

For me that's the main thing: people sign up for sponsored "seats" because they can't meet the points or occupation list required for the straight forward 189. Then once they manage to get the state sponsored visa, they look around and say actually I like the look of those "seats" over there (the very seats they didn't qualify for in the first place). You can't do that at any other "venue" .  Also, the more people who do this, the more likely states will be to severely limit their job list (like WA has already).

 

 

Edited March 2, 2018 by RYLC

[Yolanda86]

I'm in Tasmania on a 489 , arrived here 7 months ago we stayed in Hobart the first 3 weeks , couldn't find a job so then we moved to Launceston i found casual work in retail in Launceston so we managed to secure a rental property here, and 3 weeks after i found that job i was called for an interview for an engineering position in devonport i didn't expect much when i attended it  iwas just happy that atleast i received an interview opportunity. Guess what , I'm now working as a permanent full time engineer for that company , my skills assessment was in engineering technician level but i found work in Tasmania at a professional level. I'm now thinking of completing my degree so that i can keep working in the field even if we move to another state.  So it pretty much good and worked out in an unexpected way for us within a short time,  you hve to apply for every job they post every single day , do not miss that  , also the trick is even if the advertisement asks for experience ... go for it, i applied for a position which said not to apply if you don't have experience but luckily the company viewed my application and decided to invite me for an interview,  so don't give up & keep applying ,  settling down was difficult at first without any connections, finding a rental property was the most difficult task , make sure you bring accommodation and living  expense money for at least 4 , 6 months , the other best thing is spouse and children can study as local students, my wife studies at tafe and she pays local fees. It's very beautiful here , no traffic , less rent , less people

Edited March 15, 2018 by Yolanda86

[DigiGander]

Thank you for your reply. The reason we want to go that route is because the 190 is better. That makes it more appealing. 

 

Ultimately if we have to go 489 then that is what we will do.

 

If anyone has been denied as the comment above states, I would like t know. Are there any other long term co cequenses?

[March2]

hi @DigiGander your question seems a bit confusing....if I read it correctly, you are asking if you get a 190 Tasmania visa, are you allowed to use this to get to Adelaide??  Correct me here if I misinterpreted your Q.

If that's the case, then what @RYLC is saying makes total sense....why would you want to risk that and go to another state when that state did not sponsor you in the first place?  If Tasmania offers you a 190, it's because they need your skills and would want you to live and work there, a seat that they gave to YOU instead of someone else.

If Tasmania is only offering you a 489 visa (which is temporary and only has a pathway to PR after fulfilling some conditions) and you have also been offered a 190 from say, South Australia, then it makes sense to accept the invite from SA rather than Tas, as that would be a 190 PR visa.  Hope I got your Q right and I have answered you correctly.

I myself applied for a 489 Tasmania and the good people from Tasmania offered me a 190 PR instead.  For me this was a huge blessing as although I have 65 points without any state points, this was not good enough for the other states on 190 or the 189.  I am super grateful just to get an invitation to apply for a PR visa and come what may, even if I have to work extra hard to make my way in Tas, I will do so.  I too had my eyes set on Victoria-Melbourne for a 189/190 but with all the immigration changes happening so rapidly, I am just grateful that I have my one foot in the door.

If you feel that you don't like Tasmania or it would not be suitable for you and  your family, just stick out the 2 years and move thereafter.  Also note that you have already signed a declaration with Tasmania that you will work and live there for 2 years when you did your EOI...I am assuming you did this....Tasmania has clamped down on people who in the past used them as a gateway to living in the other states...so breaching their commitment to giving you a sponsorship will be frowned upon and not in a nice way.

[TamTam]

7 minutes ago, March2 said:

just stick out the 2 years and move thereafter. 

And in the grand scheme of things 2 years passes really quickly!

[DigiGander]

4 minutes ago, March2 said:

hi @DigiGander your question seems a bit confusing....if I read it correctly, you are asking if you get a 190 Tasmania visa, are you allowed to use this to get to Adelaide??  Correct me here if I misinterpreted your Q.

If that's the case, then what @RYLC is saying makes total sense....why would you want to risk that and go to another state when that state did not sponsor you in the first place?  If Tasmania offers you a 190, it's because they need your skills and would want you to live and work there, a seat that they gave to YOU instead of someone else.

If Tasmania is only offering you a 489 visa (which is temporary and only has a pathway to PR after fulfilling some conditions) and you have also been offered a 190 from say, South Australia, then it makes sense to accept the invite from SA rather than Tas, as that would be a 190 PR visa.  Hope I got your Q right and I have answered you correctly.

I myself applied for a 489 Tasmania and the good people from Tasmania offered me a 190 PR instead.  For me this was a huge blessing as although I have 65 points without any state points, this was not good enough for the other states on 190 or the 189.  I am super grateful just to get an invitation to apply for a PR visa and come what may, even if I have to work extra hard to make my way in Tas, I will do so.  I too had my eyes set on Victoria-Melbourne for a 189/190 but with all the immigration changes happening so rapidly, I am just grateful that I have my one foot in the door.

If you feel that you don't like Tasmania or it would not be suitable for you and  your family, just stick out the 2 years and move thereafter.  Also note that you have already signed a declaration with Tasmania that you will work and live there for 2 years when you did your EOI...I am assuming you did this....Tasmania has clamped down on people who in the past used them as a gateway to living in the other states...so breaching their commitment to giving you a sponsorship will be frowned upon and not in a nice way.

Thanks for your reply @March2. Your understanding is correct. I can get a 489 for South Australia, but my agent mentioned that I might be able to get an upgrade to 190 for Tas. This is however not really where we want to live and they advised that a regional visa is a regional visa, no matter where you live. I questioned the logic myself, but perhaps it becomes more of an ethical issue. 

 

I might show my lack of knowledge here, but lets say I get a 190 and we go to Tas, however after 6 months we decide to move to Adelaide, because the opportunities are better there, does that influence the visa? Further, with the 190, do you have to stay for a minimum of 2 years in one area before you are eligible to move? 

 

I appreciate the advice a lot! 

[Ta2Bryan]

50 minutes ago, DigiGander said:

 

 

I might show my lack of knowledge here, but lets say I get a 190 and we go to Tas, however after 6 months we decide to move to Adelaide, because the opportunities are better there, does that influence the visa? Further, with the 190, do you have to stay for a minimum of 2 years in one area before you are eligible to move? 

 

I appreciate the advice a lot! 

Let me throw a longer view in here:

After 4 or 5 years you decide to apply for citizenship. On my understanding; they do a fairly extensive lifestyle and character check on your time in Aus this far. What will your standing be if you dishonour your origional contract with Taz?

I don't know if this argument holds water, but I know that when the time comes, I want no hurdles to citizenship.

[RYLC]

16 hours ago, Ta2Bryan said:

Let me throw a longer view in here:

After 4 or 5 years you decide to apply for citizenship. On my understanding; they do a fairly extensive lifestyle and character check on your time in Aus this far. What will your standing be if you dishonour your origional contract with Taz?

I don't know if this argument holds water, but I know that when the time comes, I want no hurdles to citizenship.

 

You are correct @Ta2Bryan. Australia uses data matching extensively and the checks they can do when deciding things like citizenship are astounding.  People who cannot find work in a state (any work mind you, not their dream job in their preferred field)  have to apply to the state for a Letter of Release and prove that they have made a concerted effort to settle .  The state then decides whether they will release you or cancel your visa. State sponsored visa holders are also contacted randomly by the state to complete surveys/questionnairs (basically checking up on you). It's random so not everybody is contacted.  States definitely don't give you a "ticket" and then leave you to it. They keep in contact.  This is not Africa where you can just do your own thing.

 

What industries are you in @DigiGander?  Tassie suffers from a bit of brain drain of young people to the main land so people moving there with skills are usually snapped up.  Who knows, Tassie could be the best thing that ever happened to you and your family and it's not forever if it's not for you... I know more than a few people who have said that Adelaide isn't for them either... #JustSayin'

 

 

Edited March 3, 2018 by RYLC

[Lady]

We are also gathering everything to apply for 190 state sponsorship Tasmania.

im working extremely hard on my commitment statement and all jobs advertised for EOI.

I need to get the 190 desperately.

Does anybody have advice on how to improve your luck.......March2☺️..

I'm a hairdresser by trade.

Then the way I understood from my agent, is that there are no restrictions on a 190 visa. But now I hear different opinions.

Stressed to the max on everything.

 

[TamTam]

I think the other forumites have sufficiently explained the restriction on living in the state that nominates you. Otherwise it's the same, benefit wise, as a 189.

Edited March 9, 2018 by TamTam

[veinkamerer]

On 3/3/2018 at 5:10 AM, RYLC said:

 

You are correct @Ta2Bryan. Australia uses data matching extensively and the checks they can do when deciding things like citizenship are astounding.  People who cannot find work in a state (any work mind you, not their dream job in their preferred field)  have to apply to the state for a Letter of Release and prove that they have made a concerted effort to settle .  The state then decides whether they will release you or cancel your visa. State sponsored visa holders are also contacted randomly by the state to complete surveys/questionnairs (basically checking up on you). It's random so not everybody is contacted.  States definitely don't give you a "ticket" and then leave you to it. They keep in contact.  This is not Africa where you can just do your own thing.

 

What industries are you in @DigiGander?  Tassie suffers from a bit of brain drain of young people to the main land so people moving there with skills are usually snapped up.  Who knows, Tassie could be the best thing that ever happened to you and your family and it's not forever if it's not for you... I know more than a few people who have said that Adelaide isn't for them either... #JustSayin'

 

 

Thanks for this post. It's an eye opener regarding what to do and were to relocate to. 

[RYLC]

On 3/10/2018 at 4:23 AM, Lady said:

We are also gathering everything to apply for 190 state sponsorship Tasmania.

im working extremely hard on my commitment statement and all jobs advertised for EOI.

I need to get the 190 desperately.

Does anybody have advice on how to improve your luck.......March2☺️..

I'm a hairdresser by trade.

Then the way I understood from my agent, is that there are no restrictions on a 190 visa. But now I hear different opinions.

Stressed to the max on everything.

 

 

I'm hoping that I've misunderstood your post where you say that you are working extremely hard on your commitment statement to Tasmania but that you don't intend to move there?!! Cos that would be lying on your application. Hoping I've misunderstood...

 

Tasmania in particular as a small state take their state sponsored visa migrants very seriously. They have volunteers who can meet migrants and show them around. They put on a bit of a "welcoming committee" if you like.  They will know if you don't settle there and live somewhere else instead. 

 

If your agent has told you that there is no restriction on a 190 you might want to clarify what they mean.  There is no restriction on eligibility for Medicare, Centrelink etc but there is most definitely a restriction on having to live in the state or region you have signed up for. If your agent doesn't know this then I'd be worried.

 

 

Edited March 12, 2018 by RYLC

[DigiGander]

 

On 3/3/2018 at 5:10 AM, RYLC said:

 

You are correct @Ta2Bryan. Australia uses data matching extensively and the checks they can do when deciding things like citizenship are astounding.  People who cannot find work in a state (any work mind you, not their dream job in their preferred field)  have to apply to the state for a Letter of Release and prove that they have made a concerted effort to settle .  The state then decides whether they will release you or cancel your visa. State sponsored visa holders are also contacted randomly by the state to complete surveys/questionnairs (basically checking up on you). It's random so not everybody is contacted.  States definitely don't give you a "ticket" and then leave you to it. They keep in contact.  This is not Africa where you can just do your own thing.

 

What industries are you in @DigiGander?  Tassie suffers from a bit of brain drain of young people to the main land so people moving there with skills are usually snapped up.  Who knows, Tassie could be the best thing that ever happened to you and your family and it's not forever if it's not for you... I know more than a few people who have said that Adelaide isn't for them either... #JustSayin'

 

 

I am in Marketing. I specialise in strategies, which consist of traditional and digital marketing. 

Currently I have to do a business plan for my submission and I am really working hard to do a great one, so they might consider upgrading the 489 to a 190. Through this process, I have had to do a lot of research and the more I read, the more I am starting to like the prospect of ending up in Tasmania. It looks like a fantastic place for families and in my line of business there aren't too many specialists, which might be a good thing in terms of finding employment. 

[RYLC]

5 hours ago, DigiGander said:

 

I am in Marketing. I specialise in strategies, which consist of traditional and digital marketing. 

Currently I have to do a business plan for my submission and I am really working hard to do a great one, so they might consider upgrading the 489 to a 190. Through this process, I have had to do a lot of research and the more I read, the more I am starting to like the prospect of ending up in Tasmania. It looks like a fantastic place for. families and in my line of business there aren't too many specialists, which might be a good thing in terms of finding employment. 

 

I think you'll be pleasantly surprised by Tasmania.  As I said, people with skills don't struggle there and quickly float to the top since skills are scarce (evidenced by them giving 190's to 489 applicants). Also digital marketing can be done from anywhere really if you needed remote work for any reason. Housing is very affordable too. Good luck with your application.

[Duggen]

I recently moved to Tasmania (Hobart). I cant really speak to the availability of jobs (look on Seek and see what is advertised in your field in the state), but can say Hobart is a great place to live. It is charming, large enough to have everything you need and small enough to feel personal. Tasmania as a state is beautiful and full of great nature.

 

Good luck with your process.

[veinkamerer]

Thank you Yolanda for this positive reply. That really just shows what happens when you stay positive. Hope to see you soon in Launceston. Ps, maybe you'll need a salesman or store person. I know "someone"  ;-) 

[turbotwink]

Hi all, 

 

How did you go about getting 190 state sponsorship for Tas without a job offer? 

[DigiGander]

1 minute ago, turbotwink said:

Hi all, 

 

How did you go about getting 190 state sponsorship for Tas without a job offer? 

I didn’t get the 190 in the end. I got a 489. However I did hear that they do sometimes upgrade your 489 to a 190 if you application is really strong. Mine obviously was just good enough for a 489, but I am grateful I got it. 

What are you trying to achieve?

[MichKen]

We are currently on a 489 Visa, been in Adelaide for 7 months now.  We were sponsored by South Australia.

 

If I understand the question it is about the visa application, not the sponsorship?

 

I may be wrong, I am no expert, by any means... but to my knowledge, the visa you apply for is the visa you are assessed for.... so if you apply for a 489 visa you are assessed as a 489 application and “they” don’t change your visa application.... that’s what you got sponsorship for and the sponsorship gave you 10 points, that’s what your invitation to apply was based on, instead of 5 points for 190.  But this may just be outside of my personal experience, and of course, we don’t know what we don’t know....

 

I'm not sure why you would apply for a 489 sponsorship if you can get a 190 sponsorship....? but no, you decide the visa you want to apply for and “they” evaluate your eligibility for that visa against the set of criteria.

 

For the 489, you are not bound to your sponsorship state, only to a regional or low population growth area, and that’s what your visa grant notice will likely say.  The visa condition that’s imposed is 8539 - must live and work in a regional or low population growth area.  The current list is available on the DoHA website.  Presently it is SA, NT, Tasmania, and certain postal codes in other states and territories.  It’s VERY clear where you can and cannot live and work. You can live and work in any of those areas during the visa validity.  You are not authorized to live and work outside of those areas, you will be in breach of the visa conditions.  It’s different to the 190!

 

Personally, if you qualify for 190 state sponsorship, apply for that sponsorship because it’s PR and what’s 2 years of your life in that state / territory in return for the sponsorship.  If not, the 489 is a good alternative to get you the extra 5 points you need for an invite.

[RYLC]

@MichKen I think DigiGander is referring to Tasmania specifically where they sometimes give a 190 to somebody who applied for a 489. An "upgrade" so to speak for unknown reasons. It is only Tassie who has been known to do this and there is no way to know whether it happens regularly or not. One of the forumites had this happen to them. Can't remember who now...

[MichKen]

Thanks @RYLC, we live and learn   

[turbotwink]

On 5/27/2018 at 9:55 AM, DigiGander said:

I didn’t get the 190 in the end. I got a 489. However I did hear that they do sometimes upgrade your 489 to a 190 if you application is really strong. Mine obviously was just good enough for a 489, but I am grateful I got it. 

What are you trying to achieve?

We can get 60 points so will most probably never be invited for a 189. Looking into all other options, possibly a 489 with my sister as our sponsor.  

 

I read on the Tas website that they only do state sponsorship if you studied,  worked or have a job offer there so was just wondering.

[DigiGander]

11 hours ago, turbotwink said:

We can get 60 points so will most probably never be invited for a 189. Looking into all other options, possibly a 489 with my sister as our sponsor.  

 

I read on the Tas website that they only do state sponsorship if you studied,  worked or have a job offer there so was just wondering.

Correct, but in that case you can get a 190. Sometimes they do upgrade a 489 to a 190, which is what I tried, but didn't succeed. No stress though, we have approval for a 489, so we have to do police clearance and medicals and the forms and then we will hopefully get the final approval and visa. After 2 years, it will become a PR.