ClaireLo1980

We activated our visa in January 2014. The last entry is April 2018.
Do we have until April 2018 to permanently move or do we need to be living in Australia for 2 years before the visa runs out. Considering this is 2015 I feel rather panicked!!

How would this affect us gaining citizenship?

Can anyone offer any advice?

verystormy

You have until April 2018 to move.

The effect on citizenship is the limits on being out of the country rules. You must not have been out of the country more than a total of 12 months in the previous 4 years at time of application and no more than 90 days in the year prior to application.

louie

but if you did leave it until then, you would not qualify for a resident return visa as of right until April 2020, so if you wanted to travel internationally during that period, you would be reliant on the authorities' discretion.

Best not to leave it until the last minute unless you really don't expect to leave Australia again for at least a year.

rammygirl

You could get a resident return visa before 2020, it may be a three month or one year one rather than a five year one though.

wasp77

Hi guys

I went through most of the threads related to this particular issue (190 visa - work in another state) however some unanswered questions remains open such as:

1. Do you guys know anyone who actually got released from the "2 year" commitment? is there a process or a form for that?

2. If you changed states and did not commit to the "2 years" commitment, few years later you applied for citizenship, would that affect your application? Would the federal government ask for feedback from the state that sponsored you?

Thank you

WASP

Pollyana

If you've gone through the threads you should have read this many times

Its a moral obligation not a legal one.
If you wish to move States you can just move. Simple as that. Its common courtesy to engage with the sponsiring State first as they were good enough to give you a place so its only fair to tell them why you are leaving. If you are leaving due to their being no jobs the feedback is useful as it may make them think twice before sponsoring that role again.

It will not have any effect on applying for citizenship.

wasp77

Thanks Pollyana

I have approached WA state on that regard and explained to them that I've been trying to find a job for more than 13 months and that I have solid proof (emails, applications and regret letters) that I was extremely sincere in my job search however I did not even get 1 job offer. The only job offer i got was from Darwin and i turned it down due to my 2 years commitment.

This is the reply i got from WA when I first contacted them:

"Dear client,

At the time you were offered State nomination from Western Australia you signed an agreement which outlined the conditions of State nomination.

In this agreement you indicated that you expected to:

remain living and working in Western Australia for two years after being granted a visa.
Keep Skilled Migration WA informed of your contact details during these two years.
Participate in a post-arrival survey every six months for a period of two years, and
Ensure sufficient funds are available for living costs and domestic arrangements to settle in Western Australia.


Please provide more information about why you are not able to live and work in Western Australia by answering these questions:

1. How long have you lived in Western Australia?

2. Why have you decided to leave Western Australia?

3. Where will you be locating and why have you chosen to move to this location?

4. Do you have any family, friends or community support in this location?

5. Are there any other reasons you have decided not to arrive, or to leave, Western Australia?

Regards

Migration officer
Skilled Migration WA
Department of Training and Workforce Development
GPO Building 7th Floor, 3 Forrest Place
Perth, Western Australia 6000

PH: +61 8 9224 6593
E: [email protected] | W: www.migration.wa.gov.au"


I then answered all their questions in detail and offered to provide proof of all my job applications but they came to me with this email:


"Dear Client,

Thank you for providing additional information about why you want to leave Western Australia and your subsequent email.

If you move to another State or Territory, please continue to keep your contact details and email address up-to-date with Skilled Migration Western Australia, so that you can continue to participate in the post-arrival surveys by email to - [email protected].

Western Australia does not require you to meet additional conditions."

I don't really understand heir email, I would rather have a letter, form or anything solid which can be considered as a waver or release from my 2 years obligation, does this waver / release exist?

Pollyana

No it doesn't.

They haven't told you that you can't eave, and they cannot tell you that you can't leave. Its a moral obligation and cannot be legally enforced. Thats been discussed a thousand times on here and you'll find it in many previous threads.

Yu are actually one of very few people who bithers to consult with the state before leaving. Judging by posts on here most people don't bother, and some never even try to live/work in the state in the first place.

Just keep your details updated with them to show willing and so they can see you had good intentions of living in WA, and good luck elsewhere.

wasp77

Thanks!

I am expecting a contract from NSW and that's why i approached WA state. I just want to make sure everything is ok and to be on the safe side.

I have kids and to be employed is more important than anything else, I would love to work and live in WA, not only for 2 years but without a job that would be almost to impossible.