British couple deported for failing to meet visa conditions

[team44]

http://www.dailymail.co.uk/news/article-2281642/British-couple-deported-Australia-years--living-wrong-suburb.html

[Mara]

If you come to Australia on a regional visa, then that is exactly where you have to live. I feel really sorry for them, but in the end they breached their visa conditions.

It would be the same if someone came on a regional visa to Victoria. They could live and work in Gisborne, which is just outside the Melbourne Metropolitan area, but they would not be allowed to work or live in Melbourne.

[Eyebrow]

This has made me very upset.

Coming on a 457 is just not very safe!

[Mara]

Eyebrow, they were not here on a 457, they came on a regional visa to live and work, but upon arrival did not live and work in the regional area as laid down by their visa.

[Jordy]

I also don't have much sympathy. Especially as the article seems to imply an arrogant attitude of "Australia should be grateful that we helping them with their skills shortage."

Also the article is sensationalist in that it makes out that it was where they were living that was the problem. But in fact "...the Immigration Department ....had invoked a little-known rule that they cannot work in any other place other than that initially specified until such time as their full residency visas are approved."

A little known rule....pahlease! It is stated over and over again everywhere that a regional visa allows you to work in a regional area. These people were not working in a regional area but got jobs in a non-regional area which defeats the purpose of the visa on which they were granted the right to work.

[AndreaL]

I feel some sympathy, however the rules of a 475 regional visa are pretty clear and it is up to the individual to make sure that they understand any restrictions or rules of their visa category. The immigration website is very accessible and where I have had questions in the past I have phoned them to clarify.

That said, I think DIAC could be a little more willing to discuss the breach and come to a good resolution for all. now that this has been picked up by the press and Today Tonight, I wouldn't be surprised if that is the outcome.

[Springjock]

You either abide by the rules or you don't. There are no grey areas, nor should there be be. Saffers who come to Oz also need to be aware of this. You can't bribe cops here or flout industrial laws and regulations, for example. It's not a 'ach, moenie worry' kind of place. Hehe

[MandC]

I agree. Rules are rules. And isn't it a typical British thing to moan about everything. The Brits are always complaining about something. And if they do not have anything to complain about, they complain about that.

When you apply for any visa, surely you read up on everything about it. So they would have known what the rules are. And I for one is glad that Australia stick to their rules. That is why it all works so well

[21yearsoutofrsa]

And isn't it a typical British thing to moan about everything. The Brits are always complaining about something. And if they do not have anything to complain about, they complain about that.

A little harsh generalization. Bit like saying every white South African is a rabid racist basd on their past history.

but I agree that the visa conditions have not been complied with and the visa should be revoked. It is the visa holder who has to ensure the conditions are met, not DICA.

Edited February 21, 2013 by 16yearsoutofrsa

[Ajay]

This kind of thing just makes me angry actually. Not only are DIAC crystal clear about the limitations of the 475 visa on their webiste, but this would also have been on their grant letter. Before you feel too much sympathy, remember that to get this visa, they got the benefit of not having to meet the same high points as they would have if they wanted to live and work in a non-regional area. Pleading ignorance is no excuse, and neither is assuming the attitude that they've been good members of society. We are all, and we all do - they don't get special treatment for doing the basics!

Sorry Rant over. I'll climb back down from my high horse now.

[AndreaL]

. And isn't it a typical British thing to moan about everything. The Brits are always complaining about something. And if they do not have anything to complain about, they complain about that.

Ooooh, bit of a generalisation there Morne, after all I'm a whingeing pom too! .......you would be surprised how many of us on the forum are "souties" (forgive me for using slang).I will forgive you this minor transgression

BTW did you know that probably more than 10% of Perth's population is British and that the UK makes up the biggest number of arrivals to Australia?

There are probably around 1.2 million Brits in Australia making up 20% of overseas arrivals and around 160 000 South Africans, making up around 2.6% of arrivals.......and now I have bored you with some completely useless facts and gone on a bit too much, thus earning the title of the forums resident whingeing pom......lol

[HadEnoughofJuju]

This should also serve as a warning to those people who get 190 state sponsorship visa for one state (just to get in) and move to another state because they don't like the one that sponsored them. Just shows you that DIAC are not afraid to impose the rules which are not that difficult to follow in the first place.

[OubaasDik]

This has made me very upset.

Coming on a 457 is just not very safe!

That was a 475 NOT a 457.

[OubaasDik]

Ooooh, bit of a generalisation there Morne, after all I'm a whingeing pom too! .......you would be surprised how many of us on the forum are "souties" (forgive me for using slang).I will forgive you this minor transgression

BTW did you know that probably more than 10% of Perth's population is British and that the UK makes up the biggest number of arrivals to Australia?

There are probably around 1.2 million Brits in Australia making up 20% of overseas arrivals

<<snipped>>

Which PROBABLY explains why the Aussies are just so sick of them ...... OK, that WAS a joke - in poor taste maybe, but still a joke.

In actual fact it's difficult not to have a BIT of sympathy. It's not like they got a visa for a hole in the ground and settled in Bris city centre. They were within spitting distance of where they were supposed to be .....

Think of all the stress the Saffas moving here are having, but going to a place you DON'T want to go, although the UK has to be better than SA.

[Eva]

Problem is the rules don't apply to everybody, I personally know people who spent very little of the 2 years they were supposed to be in a regional area before moving to a large city and they never had any problems. And I know there are many more. So I do feel for these people, I guess they just didn't realise how big a mistake they were making.

[MandC]

And isn't it a typical British thing to moan about everything. The Brits are always complaining about something. And if they do not have anything to complain about, they complain about that.

A little harsh generalization. Bit like saying every white South African is a rabid racist basd on their past history.

but I agree that the visa conditions have not been complied with and the visa should be revoked. It is the visa holder who has to ensure the conditions are met, not DICA.

Ooooh, bit of a generalisation there Morne, after all I'm a whingeing pom too! .......you would be surprised how many of us on the forum are "souties" (forgive me for using slang).I will forgive you this minor transgression

BTW did you know that probably more than 10% of Perth's population is British and that the UK makes up the biggest number of arrivals to Australia?

There are probably around 1.2 million Brits in Australia making up 20% of overseas arrivals and around 160 000 South Africans, making up around 2.6% of arrivals.......and now I have bored you with some completely useless facts and gone on a bit too much, thus earning the title of the forums resident whingeing pom......lol

Lol, sorry guys, it was said as a bit of a joke, I was not trying to offend anyone. I always joke with people like that, like telling Capetonians that yes Cape Town is lovely, its just such a pity the mountain spoils the view. They HATE it...

And Andrea, like you, the poms actually admits to it themselves, lol. That is even why JK Rowling in the Harry Potter series called the suburb in which the Dursleys stay "Little Whinging". And I do have lovely British friends as well. And I am personally a bit of a whinger too.

Anyway did not mean to ruffle any feathers...

Edited February 21, 2013 by MandC

[coolio]

This should also serve as a warning to those people who get 190 state sponsorship visa for one state (just to get in) and move to another state because they don't like the one that sponsored them. Just shows you that DIAC are not afraid to impose the rules which are not that difficult to follow in the first place.

I agree that you should check if you unsure about any restrictions or conditions on your visa. That being said it states on skillselect that a visa 190 holder can live and work anywhere in Australia. So to get sponsored by one state and move to another is just as acceptable as for a visa 189 holders.

http://www.immi.gov.au/skills/skillselect/index/visas/subclass-190/

[HadEnoughofJuju]

I agree that you should check if you unsure about any restrictions or conditions on your visa. That being said it states on skillselect that a visa 190 holder can live and work anywhere in Australia. So to get sponsored by one state and move to another is just as acceptable as for a visa 189 holders.

http://www.immi.gov.au/skills/skillselect/index/visas/subclass-190/

The following is stated on the skills select site for the 190 SS Visa

This information explains what is required of you (and your accompanying dependent family members) after you are granted a permanent Skilled Nominated visa (subclass 190).

Enter Australia

If you are outside Australia when this visa is granted, the department will specify the date by which you must enter Australia.

Fulfil employment obligations

There are some obligations that states or territories will require you to meet. These include that you:

• stay in that state or territory that nominated you for at least two years
• keep the state or territory informed of any changes to your address
• complete surveys and provide information when asked.

EntitlementsThis visa allows you and your accompanying family members to:

• live and work permanently in Australia
• study in Australia
• enrol in Medicare, Australia?s scheme for health-related care and expenses
• access certain social security payments (subject to waiting periods)
• apply for Australian citizenship (subject to residency criteria)
• sponsor relatives for permanent residence.

If you travel out of Australia

This is a permanent residence visa. It allows you to travel to and from Australia for five years from the date it is granted. If you want to continue such travel after the visa expires, you must get a Resident Return visa. You can also apply for citizenship.

Comply with visa conditions and Australian laws

You and your family must comply with all visa conditions and Australian laws.

Personally I would not take DIAC on in this matter with the risk of being deported.

[ParkerInc]

The following is stated on the skills select site for the 190 SS Visa

Personally I would not take DIAC on in this matter with the risk of being deported.

Unlike the regional sponsored visa there are no DIAC conditions attached to the 190 visa (your obligation or agreement is between you and the sponsoring state not DIAC), whereas with the regional sponsored visa the DIAC condition is you must work in a region for 2 years...it also clearly states that if you fail to meet this condition your visa may be cancelled....there is no such statement for the 190 visa.

[africancowgirl]

Just for clarity - a state visa and a regional visa are not the same thing are they? I have a SS ACT (Subclass 176) so I understand that I can live anywhere in ACT?

Please will somebody shout if that that is not the case..

[sianvz]

I do not believe for a minute that someone can go through the whole visa application process without fully understanding the conditions of the visa.

I understand that situations change, but that's where honesty comes in and you pick up a phone and call the DIAC to disclose that you are no longer able to uphold your obligations for living in a regional area and ask what to do about it. Not just ignore the obligations and do as you please. That is just arrogant.

For example with state sponsorship, if you've gone to the state and really tried your best to get work and you can prove you have been unsuccessful and have another job offer in a different state, they will not deport you if they believe you are genuine. They do not guarantee employment so they will not just deport you, unless you are dishonest about it and just do as you please.

[Bams]

I agree RULES ARE RULES!!!

One of the reasons we want to go to Aus is cause the rules are inforced.

SA is in the state it is in cause the rules are not inforced!!!

[ParkerInc]

Just for clarity - a state visa and a regional visa are not the same thing are they? I have a SS ACT (Subclass 176) so I understand that I can live anywhere in ACT?

Please will somebody shout if that that is not the case..

They are two different visa's, regional has conditions attached by DIAC and SS visa does not.

[coolio]

@HEJJ: Thanks.

I believe that if you are state sponsored you should do your absolute best to try and find employment in that state but I also think that if unsuccessful, you should be allowed to take up employment in another state. I would of course first contact the state that sponsored you and DIAC to both inform and ask permission.

I think the topic is very interesting as people say it's just a moral obligation even though you have signed an agreement with that state.

Coming back to the British couple: Were their employers not obligated to check what visa they had? Should they not get fined in some way?

thanks guys

[OubaasDik]

Just for clarity - a state visa and a regional visa are not the same thing are they? I have a SS ACT (Subclass 176) so I understand that I can live anywhere in ACT?

Please will somebody shout if that that is not the case..

ACT is small enough you can spit across it, so you should be fine anywhere in the Canberra area ACT - you do know that there's another part to the ACT don't you? http://en.wikipedia.org/wiki/File:ACT-Jervis_Bay-Sydney-MJC.png

There's also the Jervis Bay part .......