There are a few visa classes that can be obtained with State sponsorship. This is where the State or Territory sponsors you to live and work in their area because you have the skills and they have the demand.

The main question for today, that I am getting with increasing frequency, is whether you need to stay in the State that sponsored you.

Using the 190 visa as an example, when you are invited to apply, the condition attached to your visa is that you commit to spending the first 2 years of your permanent residency in the State or Territory that sponsored you.

Of course you are over the moon to be invited to apply and might not have considered this condition properly and you went ahead with the visa application anyway.

Now you're in the State or Territory and things aren't working out too well. You can't find a job, you can't find a place to live, you're not integrating well because you don't have friends.

On top of not finding a job and not integrating well, you're now concerned about having your visa cancelled and your PR pulled from underneath your feet because you're thinking about moving to another State for greener pastures.

Can I leave?

So what is your obligation to the State or Territory that has sponsored you to live and work permanently there?

This is a very fair question to ask.

There's no easy answer to this question because it's not a strict yes or no, wrong or right because the obligation to the State or Territory that sponsored you is a moral one, not a legal one.

If it were a legal obligation and a hard and fast condition of your visa approval then no you absolutely cannot up and leave the State or Territory that sponsored you within that 2 years.

But it's not a legal obligation.

It's a moral obligation.

You basically made a promise to the State or Territory to live and work there and fill their skills shortages.

Have you examined why you're not finding a job?

There must be demand for the job or else you wouldn't have been sponsored to work in that State in the first place. But that being said, economic outlooks and demand forecasts are simply that: forecasts and predictions. They may not necessarily reflect reality and reality changes so quickly that outlooks and forecasts can be outdated in a short period of time.

Have you examined why you can't find housing/friends/reasons to stay?

Before calling it quits to the State or the Territory that you promised to call home, you should think really reconsider and think long and hard about making it work because even though it's not a legal obligation to stay, there can be consequences.

Consequences of leaving and future applications

Being a moral obligation, there is no strike against you in future visa applications but case officers can and will take all the information they have in consideration of your visa application. So if they find that you hadn't fulfilled your 2 year requirement for the State sponsored visa, then how likely would you be in keeping with the conditions of your next visa? That's something that may be considered in the mind of the case officer.

More importantly this would be frowned upon in a citizenship application.

Like we've mentioned, if it was a simple legal obligation you'd have the simple answer of 'No you can't leave' but because it's a moral obligation, you're also in a bit of a grey area.

What can be done to minimise this?

Not updating the State or Department of your movements and change of address is already another no-no so imagine if they find out that you  have been bouncing around Australia and not updating them.

BUT of course there are very legitimate reasons for moving. Just be sure that you are prepared for this line of questioning if it ever comes up in future visa applications.

Bottom line

It's a promise that you made to a State and Federal Government.

It's a moral obligation, not a legal obligation.

The answer is not that simple.

If you must do it then you need to have some solid reasons for why you broke your promise.

If you have done it, it's best to talk to a professional to see how much damage has been done before proceeding with your next move.

Other news...

Have you checked out the Australian Partner Visa Guide?