Moving states on 190 visa or 491 visa

We get this question a lot from our clients so we will elaborate here:

Is it OK to move from the state who has sponsored or nominated you for a State Sponsored/State Nominated 190 or 489 visa?

Fact: 

  • the nominating state asks you to commit staying for at least 2 years. something like this:

Your commitment to Victoria

You must commit to living and working in Victoria for at least two years. If you are currently living in another Australian state, you will need to provide a current Victorian job offer in your nominated occupation to support your visa nomination application.

Moving states on a 190 visa

Fact again is that:

  • the 190 visa is a Permanent visa with no strings attached to a state and once granted, you have the right to remain in Australia as long as you want and also move freely anywhere in Australia
  • meaning you have no condition on your 190 visa to stay in your nominating state

So is it OK to move states?

  • it could affect your Citizenship application in the future
  • it could affect your future visa applications to sponsor a spouse, etc and your overall immigration history.

Conclusion

If you really have to move states and cannot wait for the 2 years to be up then it is best to :

  • discuss your situation with the State Governing agency and talk to them about:
    • If you are having difficulty finding a job, for example (or your partner is living and working in another state) they may agree to free you from your commitment so you can look at other opportunities.
    • show them that you’ve tried all options and i.e. haven’t found the right job

Moving states on a 491 visa

The 491 visa is a provisional visa and not a permanent visa:

The condition on the visa is that you must live, work and study in designated areas or specified regions of Australia in line with your visa conditions.

Condition 8579

(1)  If the visa is a Subclass 491 (Skilled Work Regional (Provisional)) visa, the holder, while in Australia, must live, work and study only in a part of Australia that was a designated regional area at the time the visa was granted.

Meaning applicants can move between regional areas however you may have signed an agreement with the state/territory that you will be living in that region on your 491 visa. DOHA has no interest in your agreement except that at the time of the agreement you were telling the truth about your intentions and at the time your visa was granted that agreement you signed with the state was still current.

If the agreement falls apart after your visa is granted it is not a breach of your visa condition and DOHA would not be interested. DOHA may be involved if any false information was given to the state/territory that sponsored you and that false information is how you obtained your sponsorship.

Moving states on a 489 visa

The 489 visa is a different story as it is not a permanent visa and:

You may be eligible to apply for permanent residency through the Skilled Regional visa (subclass 887) after you have lived in Tasmania for two years and worked full-time (at least 35 hours per week) for at least one year during that time.

For example Tasmania requires you to:

Live and work in Tasmania

You must live and work in Tasmania for at least two years from the date the visa is granted (for those already residing in Tasmania)  or from the date of first arrival into Tasmania (for those who do not currently reside here).

NSW

NSW Business & Skilled Migration does not offer Letters of Release. NSW nominates candidates under the Skilled Nominated (subclass 190) program because their occupational skills are needed in the state. NSW nominees applicants are expected to live and work in NSW.