General 489 visa conditions

kamaleshwar

Wanderer
Messages
19
Points
1
Timeline missing
Hi everyone,

I am on a skilled regional sponsored 489 visa.
My condition of visa says must live in regional/low growth area in Australia - 8439
Sponsored state is Tasmania

My question is that can I live any regional area of Australia (specified area as per 8539)
Or do I have to live in the sponsored state (Tas)
Please give me the valuable information on this ..I am quiet confused.
Much appreciated
Thanks
I spend bit of money asking agent same questions they all said that I can live in any regional area mentioned in the visa 8539 condition my friends also got PR after living in different regional areas but at the time regional areas are giving release letter if you do not find employment but some reasons they stop giving letters.
but it is your choice at the end to move to other state.
 
I spend bit of money asking agent same questions they all said that I can live in any regional area mentioned in the visa 8539 condition my friends also got PR after living in different regional areas but at the time regional areas are giving release letter if you do not find employment but some reasons they stop giving letters.
but it is your choice at the end to move to other state.
I got 489 visa from Northarn territory with 8539 visa living condition.Can i live in Adelaide to get PR 887 visa?
 

MysticRiver

Administrator
Staff member
Messages
16,058
Points
113
In my knowledge, 8539 does not mention any specific state on the grant letter, just asks to live/work in a regional area. Hence, some people have the opinion that you can live in any regional area in Australia.

However, when you applied for the nomination, you agreed to live in that particular state, hence, when I contacted a few states, they said they are within their legal rights to enforce in-state living.
 

santhsohgr

Regular
Messages
138
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
In my knowledge, 8539 does not mention any specific state on the grant letter, just asks to live/work in a regional area. Hence, some people have the opinion that you can live in any regional area in Australia.

However, when you applied for the nomination, you agreed to live in that particular state, hence, when I contacted a few states, they said they are within their legal rights to enforce in-state living.
@MysticRiver Do you mean States will ask the DHA to cancel the VISA? I don't think the dept will cancel a visa based on state recommendation. Moreover, it'll be a violation of their own VISA conditions wherein it allows a visa holder to live in any regional area. So far my visa sponsoring state (SA) hasn't contacted me after the visa has been granted (VISA granted on 5th Jan 2019) and, I don't think states will have any information about the visa application status. In my opinion VISA grant conditions supersede all moral obligations made to state. Also, one doesn't need any state govt support to apply for the PR after fulfilling conditions. Kindly correct me if i'm wrong.
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18

MysticRiver

Administrator
Staff member
Messages
16,058
Points
113
As I said, it's a total mess DHA and the states have created due to the ambiguity and contradictory statements. When I contacted NSW, they said DHA "has" started canceling the visas for those who violated the criteria (as per them, the applicant are legally obliged to do so when they applied for NSW nomination and agreed to their terms).

However, I haven't heard of a single case of visa cancellation on this ground.
 

santhsohgr

Regular
Messages
138
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
As I said, it's a total mess DHA and the states have created due to the ambiguity and contradictory statements. When I contacted NSW, they said DHA "has" started canceling the visas for those who violated the criteria (as per them, the applicant are legally obliged to do so when they applied for NSW nomination and agreed to their terms).

However, I haven't heard of a single case of visa cancellation on this ground.

But, nowhere in the VISA application was it asked to mention whether we have given a commitment to live in a particular state. Even in skill select there is no such question. I guess the safe option is to spend at-least 3 months in the sponsoring state and look for suitable job. If someone doesn't find it, he/she can request a release letter from the State. Irrespective of whether the state provides such a letter, one can just move to a regional area where he/she get's a job. This was one can always claim moral high ground. Moreover, it'll be a violation of human rights to make a person be in a state without a suitable job and, not mentioning it explicitly in the VISA conditions. It would be good if any migration agent who has handled such a case can clarify.
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18

MysticRiver

Administrator
Staff member
Messages
16,058
Points
113
But, nowhere in the VISA application was it asked to mention whether we have given a commitment to live in a particular state.
They used to have that criteria mentioned in their website. I think they wanted to say that as long as you apply for their nomination, you are bound to follow the criteria they mentioned in their site.

I am just saying what they said, not an expert on exact legal side of it.
 

santhsohgr

Regular
Messages
138
Points
18
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18
They used to have that criteria mentioned in their website. I think they wanted to say that as long as you apply for their nomination, you are bound to follow the criteria they mentioned in their site.

I am just saying what they said, not an expert on exact legal side of it.
I agree. By the way are there any restrictions on 887 visa as per your knowledge?
 
MSA
2017-11-25
Skill
611211
SC
489 (SA)
Point
85
EOI
2018-02-26
Inv.
2018-03-29
App.
2018-04-20
CO
2018-08-31
PCC
2018-06-18
HC
2018-09-17
Grant
2019-01-05
IED
2019-06-18

Pathum

Wanderer
Messages
17
Points
3
MSA
2017-03-01
Skill
261313
SC
189/190
Point
65/70
EOI
2017-09-26
In my opinion, this is very easy to understand. Every year, DHA grants a number of sponsoring visa seats for each state. And depending on each states skills shortage, they distribute the invitations to people who has willingly sign a "contract" that they will be there for 02 years if the visa is granted. And what's going to happen, if that person is not entering that state whatsoever or leave the state in 03months? Simply the state won't fulfill the labour shortage requirements and has the absolute right to complain to DHA and will eventually close down sponsoring. And ultimately, DHA will be forced to take actions against who violates the "contracts" by simply rejecting their 887s.

Further, with the newly established connections between Australian Tax Office & Immigration, they could simply see where you are.
Possessing a 489 from a state and living in a provisional area of another state might not be a critical matter now, but eventually it will be. Anyway, Law is above all, we should remember that and respect that at any cost.
 
Consider before posting:
  • Do not post the same thing in multiple places.
  • No personal contact and/or non-English phrase is allowed.
  • Always post in a relevant thread or open a new one.
  • Better to use the reactions in a post to congratulate/thank.
Top