S 190 Visa Restrictions

[DeepFriedMatt]

Hi everyone. It's been ages since I've been on here. This time I'm looking for some advice in relation to my sister in law.

 

The family have just been granted their s190 Skilled Nominated permanent residency visas. They were nominated by NSW. The visa grant letter says that there are NIL visa conditions. 

 

Now sorry if this is a completely stupid question, but do they have to live and work in NSW when they arrive? We are in Melbourne and they would prefer to be here if possible. I know their visa is state nominated but there are no conditions attached and the grant letter doesn't mention NSW anywhere. 

 

Appreciate any advice anyone may have and perhaps some references to guidance issued by the Aus gov on this. 

 

Cheers

Matt 

[RYLC]

10 hours ago, mistermoose said:

@DeepFriedMatt Search the forum for '190 visa' or 'moral obligation' and you'll find many responses to this question, including consensus from registered migration agents that the 190 visa does not legally require you to live anywhere or restrict you from living and working anywhere across Australia at any time. 

 

I don't think it would be wise to take the chance - especially since the NSW website says that they don't issue Letters of Release AND West Australia has  been known to cancel sponsored 190's when people don't honor their obligation and take the seats they signed up for.

 

For me that's the main thing: people sign up for sponsored "seats" because they can't meet the points required for the straight forward 189. Then once they manage to get the 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" and unless release has been sought from the state then it reflects badly on the visa holder.  Also, the more people who do this, the more likely states will be to severely limit their job list (like WA has already).

 

PS none of this is directed at you DeepFried Matt - you only asked the question to help your sister-in-law (who I note was initially looking at NT sponsorship, so NSW will already be an easier gig).

[Mara]

The short answer is yes, they have to live in NSW for at least 2 years. However, if they can prove that they are unable to find jobs in NSW, they can request the NSW government to release them from their obligation. When I say prove, it means they have to live there for some months, go for interviews, and actually have proof.

 

If I am wrong about this, then someone is sure to correct me.

[RYLC]

It's interesting isn't it with the 190 sponsored visa.  With every other visa class people strictly follow their visa requirements but with the 190 somehow there is perceived wriggle room. From the state's point of view: visa holders have accepted NSW "seats" so no they can't bags themselves some VIC "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 190 visas for people who made no effort to abide by the conditions.

 

As Mara said, they have to prove that they can't find jobs (any job mind you, not necessarily a good job in their ideal field) and considering that NSW is the biggest economy in Australia, they would be hard pressed to prove this. So probably best for the visa holders to accept the "seats" they signed up for and settle in for their 2 years. You are only "down the road" in Melbourne and a mere phone call away.

 

 

On 1/14/2018 at 8:53 AM, DeepFriedMatt said:

the grant letter doesn't mention NSW anywhere

 

The reason for this is that it is self evident when the visa they applied for and were awarded is 190 NSW Sponsored with all the qualification requirements for that state's job lists.

[MaraJade]

According to https://www.industry.nsw.gov.au/live-and-work-in-nsw/visas-and-immigration/skilled-nominated-migration-190  (Bottom of the page) they won't provide a letter of release, they expect you to live and work there.

[DeepFriedMatt]

Thanks everyone for the responses, much appreciated. They will live and work in NSW for the initial 2 years and then make the move after that if they want to. 

 

Completely understand the need for the state to impose this condition for state nominated visas and to prevent people from "cherry picking" another state. I was just confused because the nomination and the visa grant letter do not seem to talk to one another. I would have expected the visa to state under conditions "must live in NSW for 2 years after date of first arrival" or something to that effect. It's just odd that there are no conditions on the actual visa document because at the end of the day that is the official document issued by the federal government which the visa holder would nerd to adhere to. 

 

We are really grateful for the opportunity that has been provided to them by the NSW government and I'm sure that they will enjoy life in Sydney. 

 

Thanks for your help in clearing this up for us. 

[RedPanda]

On 16/01/2018 at 5:45 PM, DeepFriedMatt said:

Thanks everyone for the responses, much appreciated. They will live and work in NSW for the initial 2 years and then make the move after that if they want to. 

 

Completely understand the need for the state to impose this condition for state nominated visas and to prevent people from "cherry picking" another state. I was just confused because the nomination and the visa grant letter do not seem to talk to one another. I would have expected the visa to state under conditions "must live in NSW for 2 years after date of first arrival" or something to that effect. It's just odd that there are no conditions on the actual visa document because at the end of the day that is the official document issued by the federal government which the visa holder would nerd to adhere to. 

 

We are really grateful for the opportunity that has been provided to them by the NSW government and I'm sure that they will enjoy life in Sydney. 

 

Thanks for your help in clearing this up for us. 

Yes, I also find it weird that the Grant Letter doesn't state it explicitly. It should. Because that's the intention of the visa type.

[mistermoose]

@DeepFriedMatt Search the forum for '190 visa' or 'moral obligation' and you'll find many responses to this question, including consensus from registered migration agents that the 190 visa does not legally require you to live anywhere or restrict you from living and working anywhere across Australia at any time.