Moral Obligation - 2 years - State Sponsored Visa

Arch_Onin · November 2013

Mga Sir and Mam,

Hello mga kabayan!

Wala po kasi akong makitang eksaktong thread dito discussing the moral obligation of the visa grantees. Na visa grant ako last Oct 17 lang (Subclass 190 WA) may GF po ako nsa Melbourne naman sya ngaun holding student visa, currently working as nurse at nandun din mga kapatid nya. Gusto ko po sana magstay muna sa Melbourne temporarily maybe less than a year pero hindi ko pa alam ang magiging impact nito sa visa ko. Alam ko na may moral obligation na need magstay sa WA ng first 2 years, pero pwede naman ako mainclude ng GF ko sa visa nya once mag apply nrn sya ng sarili nyang PR visa since nagpplano nrn kami magpakasal within 1-2 years. Yes, priority po ang Melbourne since nakasettle na po ang GF ko dun since July 2011 pa. Pero parang risky naman yta sa part ko un, gustuhin ko man makasama sya sa isang state eh baka magkaroon naman ng complication in the latter stage, may nabasa pa akong ganitong news

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

feeling blessed talaga. dahil wala na sa listahan ng WA ang position applied ko. (Arch'l Draftsperon 312111) naglabas sila last Oct 28 lang ng new list. 11 days after ko ma-visa grant, kung hindi dahil sa WA wala din ako sa Australia.

http://www.migration.wa.gov.au/skilledmigration/Pages/Occupationsindemand.aspx

Sa mga pinoy na nsa AU na, na hindi nakastay sa Sponsored State nila. Ano po bang pwede nyong ma-advise sa mga katulad naming mga newly visa grants. Thanks in advance! God bless po sa lahat!

TasBurrfoot · November 2013

Mga Sir and Mam,

Hello mga kabayan!

Wala po kasi akong makitang eksaktong thread dito discussing the moral obligation of the visa grantees. Na visa grant ako last Oct 17 lang (Subclass 190 WA) may GF po ako nsa Melbourne naman sya ngaun holding student visa, currently working as nurse at nandun din mga kapatid nya. Gusto ko po sana magstay muna sa Melbourne temporarily maybe less than a year pero hindi ko pa alam ang magiging impact nito sa visa ko. Alam ko na may moral obligation na need magstay sa WA ng first 2 years, pero pwede naman ako mainclude ng GF ko sa visa nya once mag apply nrn sya ng sarili nyang PR visa since nagpplano nrn kami magpakasal within 1-2 years. Yes, priority po ang Melbourne since nakasettle na po ang GF ko dun since July 2011 pa. Pero parang risky naman yta sa part ko un, gustuhin ko man makasama sya sa isang state eh baka magkaroon naman ng complication in the latter stage, may nabasa pa akong ganitong news

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

feeling blessed talaga. dahil wala na sa listahan ng WA ang position applied ko. (Arch'l Draftsperon 312111) naglabas sila last Oct 28 lang ng new list. 11 days after ko ma-visa grant, kung hindi dahil sa WA wala din ako sa Australia.

http://www.migration.wa.gov.au/skilledmigration/Pages/Occupationsindemand.aspx

Sa mga pinoy na nsa AU na, na hindi nakastay sa Sponsored State nila. Ano po bang pwede nyong ma-advise sa mga katulad naming mga newly visa grants. Thanks in advance! God bless po sa lahat!

The British couple in your link pertains to 475 visa ata which is regional in nature... Ang sa iyo ata is anywhere in WA.

lock_code2004 · November 2013

And also the difference is Temp visa to PR visa sila..
You have already a PR Visa.. So ang issue lang is pag apply na ng citizenship..

so far wala pang nakaka-experience nyan (dito sa forum) talga, yung lumipat ng State and then applied for citizenship.. so we really dont know what are the repercussions (kung meron man)..

Arch_Onin · November 2013

@TasBurrfoot - yes sir, nagset lang ako ng example na strict ang AU gov't when pertains to its rules and regulations.

@lock_code2004 - yes sir, alam ko naman ung differences ng case natin sa kanila. medyo malabo nga lang kasi ung "moral obligation" sa part natin na PR visa na. Tama sir, ung concern ko is ano magiging effect nito sa future applications natin like citizenship nga.. Sana meron katulad nitong case na to dito sa forum at makapagshare.

Option B - To stay in Perth for 2 years, yayain ko nlang dun ung GF ko balita ko masarap daw dun magsurf

lock_code2004 · November 2013

@Arch_Onin - yeah medyo gray area nga yun..
marami nagsasabi na okay lang nmn. at marami din gumawa nyan.. pero wala pa sila sa stage na mag apply na ng citizenship.. so we will never know until that time..

eto thread:
http://pinoyau.info/discussion/947/state-sponsored-by-one-state-but-chose-to-live-work-in-another-state

student visa pa lang naman si gf.. by the time maka apply sya ng PR eh baka tapos mo na ang 2 yrs dito sa WA.. stay na muna dito... tpos visit visit melb na lang...;)

Arch_Onin · November 2013

@lock_code2004 - isa pa yan sir. madaming options kasi kaya medyo nakakalito minsan. either magseparate PR visa pa kmi. or ipartner visa ko na sya para may kasama naman ako sa WA. or pwede din ako ang ipartner visa after ng ongoing PR application nya para makapagwork ako sa Melbourne legally na hindi na maghihintay ng 2 years. Gusto ko naman iexplore ang WA, may kasama man or wala. Concern lang si GF mas gusto nya kasi Melbourne since settled na sya dun. Anyhow, maraming salamat sir sa advice mo. God bless!

nfronda · November 2013

@Arch_Onin. PR na ung visa mo, so bakit gusto mo mgpa partner's visa sa PR visa ng gf mo just in case? Ur option is medyo complicated. PR kna, next step is to apply citizenship na. Other option na lg is a apply mo ang gf mo ng partners visa as u are eligible namn kasi PR kna. Un nga lg, both of u will have to choose between Melbourne and WA.

Husker · November 2013

This topic has been discussed numerous times in different forums. Here are excerpts posted by a moderator who also happens to be a MARA registered agent. The full thread is here: http://www.australiaforum.com/visas-immigration/18541-190-visa-state-requirements.html

My view: you must put forth a good faith effort to find a job in the state that sponsors you. However, if you cannot find a job that suits you after such an effort, they will not stop you from looking elsewhere. At that point you are a permanent resident, and they certainly cannot force you to live in a state where you cannot find suitable work.

The requirement to live and work in the state is not strictly a condition of the visa, it's a condition of an agreement you make with the state. If you walked away from it, it's conceivable that the state could say you obtained the visa fraudulently and never had any intention of living there. But by the same token, if you cannot find work there, is it legal for them to somehow require you to work there and go broke? This opens up an entirely different set of laws (civil laws) regarding contracts, freedom of movement in a country, etc. If you find yourself not able to meet a state sponsorship obligation, the best way through that may be to work out an arrangement with the state to release you from the sponsorship agreement.

I wouldn't expect an issue at citizenship since the state sponsorship obligations do not exist in federal immigration law and are not a part of your visa with DIAC. Unless they're going to accuse you of some sort of fraudulent intent in getting the visa, I don't see how a state sponsorship authority would have any way of causing a problem with your visa, or causing an issue with a citizenship application.

Hope this sheds some light for those who are finding themselves in the same situation

Cheers!

jvframos · November 2013

@Husker but the same thing goes that a state sponsorship visa grantee needs to exhaust his effort in finding a job, thus will therefore prove to the state that sponsor you that you have done your part as well.

Husker · November 2013

@jvframos: Correct, that was exactly his point in the first paragraph.

"you must put forth a good faith effort to find a job in the state that sponsors you." - is the same as exhausting your efforts and doing your part.

btw, the text in italics in my post above are not mine, its from the one who posted in on another forum.

I think what he is trying to say is be careful not to give the sponsoring state reason to believe that the migrant just used SS to obtain the visa but have no intention to live and work in that state, to avoid complications. If he/she can prove that their intent to find work was genuine but unsuccessful then informing the state of their circumstances should be the sensible thing to do and go from there.

filipinacpa · November 2013

Hi guys, my boyfriend told me it's only a moral obligation and that I can still go and live to another state. Just don't apply for a citizenship lang daw right after 3 years after visa grant since it might affect your application.

FlightOZ · November 2013

I thought you have to stay in OZ for 4 years to be eligible for Citizenship?

filipinacpa · November 2013

I thought you have to stay in OZ for 4 years to be eligible for Citizenship?

Thanks, I stand corrected. Basta daw don't apply right after the period you're eligible to apply for citizenship.

TasBurrfoot · November 2013

I thought you have to stay in OZ for 4 years to be eligible for Citizenship?
Thanks, I stand corrected. Basta daw don't apply right after the period you're eligible to apply for citizenship.

How did you boyfriend come about this advise? Personal experience?

icebreaker1928 · November 2013

Hi guys, my boyfriend told me it's only a moral obligation and that I can still go and live to another state. Just don't apply for a citizenship lang daw right after 3 years after visa grant since it might affect your application.

I don't know about this moral obligation thing, pero NSW SS ako at may nasusulat talaga na kelangan ko tumira at magwork sa NSW for 2 years.

@TS
2 years lang yan, saglit lang yan... satisfy the 2 yr condition and you can live in oz anywhere you want. Kahit sa Xmas Island pa kayo hehehe joke lang

filipinacpa · November 2013

I thought you have to stay in OZ for 4 years to be eligible for Citizenship?
Thanks, I stand corrected. Basta daw don't apply right after the period you're eligible to apply for citizenship.
How did you boyfriend come about this advise? Personal experience?

Hindi po. Personal experience of his friends and mates at work.

filipinacpa · November 2013

Hi guys, my boyfriend told me it's only a moral obligation and that I can still go and live to another state. Just don't apply for a citizenship lang daw right after 3 years after visa grant since it might affect your application.
I don't know about this moral obligation thing, pero NSW SS ako at may nasusulat talaga na kelangan ko tumira at magwork sa NSW for 2 years.

@TS
2 years lang yan, saglit lang yan... satisfy the 2 yr condition and you can live in oz anywhere you want. Kahit sa Xmas Island pa kayo hehehe joke lang

Ako rin po medyo natatakot. Haha. Gusto ko naman maging law abiding citizen nila kahit pano. Hehe. If I were in this case, I would plan to live for awhile sa sponsoring state even for 3 months only then apply through a formal process to release me from the agreement. At least, hindi kakaba-kaba in the end.

Arch_Onin · November 2013

@nfronda, I and my GF decided to stay in WA. Praying that we'll have a good life there.. I'll stay first with her family for a couple of weeks then we'll transfer to WA after. That's the best way..

nfronda · November 2013

@Arch_Onin..that's a gud decision..gudluck sa inyong journey.. Godbless

Chill · November 2013

Hello friends.

I've been in WA since August 2013

Chill · November 2013

Hello friends.

I've been in WA since August 2013 and I should say that there is a lot of promising opportunities here.

Unfortunately these past months, I wasn't successful in looking for work. It came to a point na nag volunteer work na ako sa profession ko talaga just to get experience. And alam naman natin na dami ding job cuts dito so talagang ramdam talaga ang scarcity of opportunities.

I submitted my letter of request sa skilled migration ng WA this morning to free me for my obligations to stay for 2 years dahil kulang na Rin ako ng funds. I was able to provide them several, 33 to be exact, of my rejection letters. They advised me that the response is 28 days from now. Im crossing my fingers that they will ag

I assume that I did my homework and earnestly looked for work, and I was upfront about my situation dahil hindi biro ang bayad ng shared accommodation rent...dilemma ko kasi ang mga relatives ko nasa east coast: nsw, Victoria, Canberra and I want to stay with them para makati long din kahit papaano sa situation ko.

Your thoughts?

lock_code2004 · November 2013

@Chill - ano po ang skill/occupation nyo?
balitaan nyo kmi sa result ng appeal nyo sa WA..

Chill · November 2013

Human Resource Advisor...kaya hirap ako kasi kailangan nila local experience. That is why I opted to do voluntary work so that I hit 2 birds in one stone:

1. Get the local experience
2. Voluntary work can be considered as paid work so pwede mo ilagay sa resume mo.

Kaso, hindi naman pwede ganito ang situation ko hanggang matapos ang taon and start of 2014. I also did odd jobs to sustain some of my expenses pero that is not why I'm here for.

Prior me going there sa office nila, they asked me 4 questions via email and I responded to them tapos this morning, I provided copies of my rejections letters. Wala pang 2 minutes tapos na usapan naming...so I'm hoping maging positive ang results. Thoughts ko kasi, mas mabuting transparent ka kasi sooner or later they will catch you if you defraud them.

lock_code2004 · November 2013

@Chill - tama atleast you did your part...
goodluck..

packerx · November 2013

I checked the immi.gov.au and nag increase na pala yan moral obligation from 2 years to 4 years.

meehmooh · November 2013

@Chill .. i think you did the right way.... At first kasi you were ask if you have enough funds to stay in that specific state at least 3 months ata... then you have to declare magkano ang funds mo and monthly expenses.

Hope it positive ang result at makahanap ka na ng work.

Chill · November 2013

Thank you @meehmooh

I'm hopeful that positive result will come. Whatever the outcome, what is important is that you are upfront. They will not take it against you since you have done your part. Ang mahirap kasi is the bigger picture, if it happens that I decide to apply for citizenship, sumabit ako dahil hindi ko ginawa yung necessary step to inform them about my whereabouts.

@packerz..thanks for the tip. Yeah, I guess I got lucky that I was only required to do 2 years so I'm really thankful in a way...I'd be even more thankful if I move in any region down East with my relatives and be able to get a job at the start of the year

icebreaker1928 · November 2013

@Chill penge po link na nagincrease na into 4yrs ang moral obligation. tnx po

Chill · November 2013

@icebreaker. Sorry i don't have the link nor the file as mine only mentions 2 years, not 4. I got the information from packerz (see the thread above) that it was increased from 2 to 4

Arch_Onin · November 2013

I didn't know that 2 years changed to 4 years moral obligation. If ever meron man for sure magseset sila ng effectivity date and sympre hindi na included dun ung mga prior visa grants na..

Chill · November 2013

@Arch Onin...you are right that others who were granted the previous visa will not be affected about the 4 year obligation (if it is indeed confirmed). What is crucial is the one that you signed in the agreement with WA Skilled migration. So if it is 2 years, 2 years. If there were changes, di ka affected

I've been doing odd jobs here and there and have done volunteer work as Human Resources in a not for profit organisation and the lesson learned i got: transparency is key. Biro nga dito, slow ang Aussies but sooner or later they will catch you

Have a good weekend! For those na nasa Perth or WA ngayon, lapit na ang xmas parade which is next week

My first(and maybe my last time) to see it live!

Cheers!