carmil

Wondered if anyone can help. We have STNI from Victoria and are just about to apply for the 134 visa. However, just to confuse things, my OH has had a preliminary phone interview from a company in NSW interested in his resume and would be offering sponsorship to successful candidates. What happens if we apply for 134 with STNI Victoria then he gets a job offer from the company in Sydney? Can he contact DIMA and change the specifics of the 134? We would still be on a 134 visa, just under a different category. Would he have to honour the STNI to Victoria, or could he accept the job offer in Sydney, would DIMA allow him to change it? Or would he have to start again and apply for a new 134 visa with employer sponsorship?

Thanks

JAJ

What kind of visa are they sponsoring for? Temporary or permanent?

If he gets STNI from Victoria and uses that to apply for a visa, then yes he is expected to honour it. Victoria is not interested in sponsoring people to settle in another state.

If, after settling in Victoria, you need to move because you can't find employment or something, then it would be different and you could discuss the options with the Victoria migration people.

If you want the option to live anywhere you like initially, then you need to get a 136 or 138 visa.

Maybe if NSW were willing and able to sponsor him for STNI.


Employers cannot sponsor for 134. They can sponsor for ENS (121 offshore) or RSMS (119 offshore). They can also sponsor for temporary visas (which means you are expected to go home at the end of the visa).


If you tell Victoria you don't want sponsorship for 134 because you plan to move to NSW instead, then they may withdraw it and then if your prospective job in Sydney doesn't work out that might be the end of your migration plans.

And if you get STNI for Victoria you are expected to stay in touch with the state authorities for 2 years, so they and DIMA will know whether you have honoured your undertakings or not.

Be careful. Why not look for a job in Victoria if that's where you are going?

carmil

Thanks for clearing that up. We were all set to apply for STNI Victoria, and this phone call from the company in Sydney has thrown us off a bit. If we got a visa because of the STNI Victoria, then we would go to Victoria, and stay there for the 2 years required, we appreciate how lucky we are to get this chance. But from my OH point of view, he would rather get a visa through having a job to go to. The job sponsorship is for permanent residence, so would be a good option for us too if things worked out. We thought that would still be a 134 visa, didn't realise it would be a totally different visa, it says in booklet 6 under the Skill Matching (subclass 134)that "skill matching visa applicants may be nominated by an employer under the RSMS, LA or ENS". Unless we are reading it wrong? We didn't plan to get STNI visa for Victoria, then disappear to Sydney, we just wondered if we could change our situation on the application. Thanks for your help.

JAJ

Applicants for 134 may "switch" to employer nominated visas if their 134 visa has not been granted. It's allowed under the Regulations. But only participating state or territory governments may sponsor for 134 itself.

Bear in mind your STNI nomination is only valid for a limited time. If the other visa application doesn't work you might not have a fall back.

And as far as I know Victoria have the right to withdraw the sponsorship even before the deadline if they think you're not planning to live there any more.

I suggest you download booklet 5 to find out more about ENS. A job offer on its own is not enough.