When it comes to state-sponsored visas, two subclasses of it come to mind—subclass 190 and subclass 491. In this article, we’ll discuss what you need to do if you are considering moving states on either of these visas.
As you may already know, these two subclasses of state-sponsored visa serve one and the same purpose: to give the states in Australia a leeway to match skilled workers with the demand in their area of jurisdiction. To be granted this type of visa, you must live and work within the sponsoring state for the required years after your visa is granted.
In this article, we won’t go into the details of how to obtain a 190 or 491 visa—which one is better for you, which one you should apply for, etc. We are going to talk today about what you can expect if you decide to move from one state to another.
Is it possible to move states on 190 visa?
Obtaining a state-sponsored visa for work and stay in Australia can be a boon for you, right? The country needs skilled workers, and you are the answer to its prayers!
It’s a win-win situation. You get to live and work in the nominating state in the country, and the state benefits from your skills and expertise. Likewise, a safe and welcoming Australia provides most, if not all, of the benefits, amenities, and conveniences ideal for earning your keep and raising your family.
The problem, however, is that the world isn’t perfect. There are occasions when differences, misunderstanding, failed expectations and other issues undermine what might have been a promising collaboration. Yes, plans and prospects don’t always pan out well.
For example, imagine this scenario: There’s a shortage of jobs in one place, but you have difficulty finding a job. Is it impossible? No—that’s ironic, because it’s possible. So, here you are—you have a great set of skills and qualifications, you feel confident that you will breeze through the process of applying for jobs and then finding one with ease…and then you find that there aren’t many opportunities available.
Or a friend, relative or family member asks you to come over for assistance and support.
The place you just stepped on seems unfamiliar to you and you wish you could leave as soon as possible.
When you find yourself in one of these situations, it’s natural to feel like you have no other choice but to leave your sponsoring state.
If you want to do it and follow the rules, then you can do it. But of course, you cannot just leave; there are requirements to attend to and helpful recommendations to bear in mind so you will not get into trouble.
This is where differences between subclass 190 and subclass 491 lie. Let’s start with subclass 190.
What should you do when moving states on 190 visa
The first thing to remember about subclass 190 visa is that it is a permanent visa. As soon as you obtain it, you have the right to remain in the country as long as you want. Even if you choose to leave the sponsoring state, the agreement to live in such a state is not going to affect your status as a permanent resident. In other words, even if you have signed an agreement to remain in the concerned state, you are not obliged to abide by it.
But hold on a second. There’s a catch: Breaking your promise could affect your future stay in the country, especially if you apply for citizenship. You may need to explain yourself to the approving authority.
If you apply for another visa with the Department of Immigration and Border Protection (DIBP), such as a Resident Return Visa, being seen reneging on previous commitments does not affect the processing of the new application. However, if a DIBP officer were to see your records, he or she might question your integrity and trustworthiness in honoring succeeding commitments.
But don’t leave the state that invested time, effort and resources just so you could land in the land of opportunities and promise.
If you are having trouble finding suitable work and can’t seem to resolve the issue yourself, you should talk to your sponsoring state’s government agency. If you prove to them that you have tried but failed to find work on your own and that suitable opportunities exist in another state, they might be willing to release you from the agreement.
You can also discuss your problems with the concerned agency, who may be able to help you resolve your problems. The state has much at stake as you have in making the partnership work. Like you, it has invested so much in you as to just let you go without lifting a finger.
What should you do when moving states on 491 visa
Concerning visa subclass 491—which is another type of state-sponsored visa that allows you and your family to live and work in the “designated areas” of Australia—this is a provisional visa, which means you must abide by conditions to be allowed to apply for permanent residency. You just need to meet the requirements of the visa itself, including living for three years and working full-time for three years in a designated area in order to be eligible for Australian permanent residency subclass 191 visa.
You are not prevented from moving to another state or territory. However, if you have not complied with the minimum requirement of the deal, you may need to move to a postcode that meets the definition of a designated area. There is a list of postcodes which are specified as designated.
Be honest and communicate
When you enter Australia, the government allows you to stay in their country for a set amount of time. The Australian government has done an enormous effort at making it happen. The government cannot hold you captive because of an agreement but you cannot let them hold the shorter end of the stick either. If you have problems regarding your stint here, talk to the concerned agency or authority.
You, of course, cannot just pack up and leave. This is not only certain to result in your visa being revoked and you being sent back to your home country, but that’s guaranteed by law. Since you signed a contract with the state and federal governments requiring them to be informed of your address, failing to do so constitutes a breach of contract. And we need not remind you that might be seen by some as a serious offence.
If you have any questions regarding your stay here, don’t hesitate to ask our Migration Consultants from Australia Migration Services.
