airlineguy1980

ok i know there were hot arguments on this i just need some real life experiance.ok lets say i got my 176 pr visa but my family living in that state as per condition.due to my work commitments i m going in and out.but my family settled in sponsoring state.i intend to leave my current job and finish my obligation at the end of the five year term.can it be done or anybody have done it.
for some pictorial idea
visa validated on 2011 june
family live there for 2 years until 2013 june
the primary visa holder which is me working overseas joins them
from june 2013, so at the end of 5 years i have lived in the state for 3 years
i have my own situation i m trying to keep the moral obligation to the state.so if any one have done like this or heard about it let me know

Pollyana

As it is your skill that the State was sponsoring, I would've thought that it is you living and working there that interests them.

Messenger

Hi,
For your information,one of the obligation of 176 pr visa is to remain in the State or Territory for a period of at least two years.

Please see the below link :
http://www.immi.gov.au/skilled/gener...-applicant.htm

I hope this makes it clear.

airlineguy1980

come on guys easy on me.everybody have their own problems.so as messenger puts it out of the first 5 year visa i recieve i got to live in that state for 2 years.can it be on any time within the five year period?pls help

cotts

The way I read it, you must live in the nominated state for the first two years after entry/settlement. I am no expert but, that is my understanding. You are right there is a huge debate on this issue apparently, you are only under 'moral obligation' not 'legal' obligation. IHowever, on saying this I would not like to test this issue with immigration as they have tightened up and they may revoke your visa if you do not stick to the conditions.

Best of luck with your decision. Mark

GC73

I think the question here is whether your family can live in a state for 2 years and then you join them after that time. The issue is not one of breaking the moral obligation of 2 years in a state.

My guess would be that if you are the main visa applicant and the one who obtained sponsorship, then you would have to live there with your family. I can't imagine the state would be prepared to have them live there without you as they are secondary applicants who will not have the relevant skills and employability for which you were sponsored.

I think you should pose the question to the state government to get a definitive answer, as applying for a visa without this knowledge could be costly mistake.

musmanasghar

Simple thing man ... you need to live and work in your sponsored state for first 2 years. As Pollyana Said Its your Skill due to which you got sponsorship from that state .... just think if your Skill was not listed on SKILL DEMAND LIST of your sponsoring state...then there was no chance of sponsorship for you ... so bottom line is dont think whats MORAL OBLIGATION or Whats LEGAL THING .... you must not go against your COMMITMENT STATEMENT (you wrote it at the time of state sponsorship application) ..... Laws can be changed any time.
State dont need your family, they need you and your expertise in that particular Sponsored field.
If you are still in doubt then better ask your State, may be they will guide you properly.

Cheers

Messenger

You need to stay in the sponsored state for the beginning two years and you should work 12 out of 24 months(first two years) in the occupation of the positive ASCO code.
For example, if you are a civil engineer then you should work as a civil engineer for the period of 12 months out of first 24 months of your entry in Australia and that also in the sponsored state.
This is one of the commitment we make at the time of application to the state.

Dorothy

No, not on a 176 visa you don't. Once you validate your 176 you are free to do whatever you like. Work in your nominated occupation, work as a petrol station attendant, or not work at all if that's what floats your boat.

OP, once you have been granted a 176 visa you are morally obliged to live in the sponsoring state for the first 2 years. However, so long as your visa is validated you are free to go back to your own country for as long as you want. Your family are PR as soon as they validate their visas and what you do from then on is of no consequence to their status.

Saying that, you did apply for state sponsorship, so you should make the effort to move here and fulfill your obligations. If you are not ready to move to Australia for another 3 years, you should have waited another 3 years to apply. One would think that by applying to live in Australia you would be quitting your present job and actually wanting to move here.

Messenger

There will be a case officer who will visit you every 6 months to check it
and if you want your case to be strong than you require to meet these obligations.
It is quite obvious that you can do whatever you want in the period of your stay in australia but it will effect the future entension of your visa.

airlineguy1980

I get the point of Pollyanna my situation is I can make a company transfer.the problem is both immi and big mnc works a bit slower you have to play the chess game to get things done.I expected my visa reply in nov 2011 but it seems like it may be quicker as I got co now.I will try my best to delay the validation.so if my company gives a transfer in jun 2012 it's better.or I intend to move to Aussie once they give a definite no from my company side.my question like messenger says I can do what I want in 5 years but extensions cld be in trouble.but what if I finished my moral obligation in between that 5 years will I be still in trouble

Messenger

Please search in goolgle for the below link:

78986-176-visa-toolmaker-rejected-need-some-advise-2

It will take some time to go through but I think it will help.

airlineguy1980

I don't see even any where first 2 years even the obligation is atleast 2 years in the state so at the end of the five years if I lived in sponsoring state I m good for extension. Correct me I m wrong.based on this only I started the application

Messenger

This is part of the reply by DIAC for 176 visa case(toolmaker) that we have found in google.
Please see below :

Assessment against Skilled- Sponsored (Subclass 176)
Part 176 of Schedule 2 to the Migration Regulations sets out criteria to be met for the grant of a subclass 176 visa and specifically subclause 176.211 requires that:
Either:
(a) the applicant has been employed in a skilled occupation for at least 12 months in the period of 24 months ending immediately before the day on which the application was made; or
(b) both of the following:
(i) the applicant satisfied the 2 year study requirement in the period of 6 months ending immediately before the day on which the application was made;
(ii) each degree, diploma or trade qualification used to satisfy the 2 year study requirement is closely related to the applicant’s nominated skilled occupation.


I think this makes it clear.

airlineguy1980

Messenger this is to grant of 176 visa.I saw this but I can't able to find the first 2 years clause.your clause is to work for 12 months is to score the points.I am trying to find the first 2 years obligation clause