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Permanent residency pathway for provisional visa 489

Neil_man

Newbie
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4
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Timeline missing
Hi

I believe I have a Unique situation.

My wife and I were granted Australian Visa (489 subclass), (which is also known as a Professional Visa) during February 2015. It was a State Sponsored (South Australia) Visa. Since then we both Migrated and have stayed there for almost 2 years now. I have been working there as well for 1+ years. On March 2016 my wife came back to India as she got pregnant and there was no one to help, she delivered the baby in November 2016. Now am looking for few information as mentioned below.

1. What is the process of Applying for a Permanent Residence after completion of two years stay in Australia with a Professional Visa (which is the basic need), which I have? Do we need to again go through the process Assessments, IELTS and EOI?

2. As my child is born outside Australia, can I include my child now in the Existing visa? If not what can be the alternative?

Would appreciate if someone can help me understand the best approach for the above mentioned points of mine.
 

MysticRiver

Administrator
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15,113
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1. What is the process of Applying for a Permanent Residence after completion of two years stay in Australia with a Professional Visa (which is the basic need), which I have? Do we need to again go through the process Assessments, IELTS and EOI?

You have to apply in Skilled Regional visa (subclass 887) for permanent visa. You might be able to get this visa if you:
  • are in Australia
  • hold any of the following visas for at least two years
    • Skilled Regional (Provisional) visa (subclass 489)
    • Skilled Independent Regional (Provisional) visa (subclass 495)
    • Skilled Designated Area Sponsored (Provisional) visa (subclass 496)
    • Skilled Regional Sponsored visa (subclass 475 or 487)
    • Bridging visa A or Bridging visa B after applying for a subclass 495, 487 or 489 visa
  • have lived in a specified regional area of Australia for at least two years
  • have worked full time in a specified regional area for at least one year
  • meet health and character requirements.
You won't need assessment, EOI or IELTS, but you need to provide PC and HC.

2. As my child is born outside Australia, can I include my child now in the Existing visa? If not what can be the alternative?
You can add your wife because she has visa 489, but you have to apply separate child visa (subclass 101, 445 etc., which one suites your need) for your children.
 

Rakshanda

Moderator
Staff member
Messages
2,458
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113
MSA
2016-12-13
Skill
263111
SC
189/190
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55/60
EOI
2016-12-15
All of above made me realize 489 is a crappy visa to get lol
 

Neil_man

Newbie
Messages
4
Points
3
Timeline missing
You have to apply in Skilled Regional visa (subclass 887) for permanent visa. You might be able to get this visa if you:
  • are in Australia
  • hold any of the following visas for at least two years
    • Skilled Regional (Provisional) visa (subclass 489)
    • Skilled Independent Regional (Provisional) visa (subclass 495)
    • Skilled Designated Area Sponsored (Provisional) visa (subclass 496)
    • Skilled Regional Sponsored visa (subclass 475 or 487)
    • Bridging visa A or Bridging visa B after applying for a subclass 495, 487 or 489 visa
  • have lived in a specified regional area of Australia for at least two years
  • have worked full time in a specified regional area for at least one year
  • meet health and character requirements.
You won't need assessment, EOI or IELTS, but you need to provide PC and HC.


You can add your wife because she has visa 489, but you have to apply separate child visa (subclass 101, 445 etc., which one suites your need) for your children.
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Thank you Mystic River for your reply. This is truly prolific for me. I had been in search for a clear answer to my question for long and am glad I joined this Blog. Really Appreciate you helping me out in here.

However pertaining to my First Question I would like to ask one more point. While We applied for our Visa, my wife was the primary applicant and I was the dependent. However I am fulfilling the requirement for PR Visa now (Living in designated Area for 2 years and 1 years of work). So while applying for a PR, do you think I can apply as main applicant and add my wife and Kid as dependents? or is it the Main applicant who can to fulfill the criteria and apply for the PR Visa ?
 

MysticRiver

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I believe you can be main applicant as well as long as you fullfillbthe criteria. If you see the criteria, having a 489 visa is a requirement, but no where it is mentioned that you need to have 489 visa as primary applicant.
 

MysticRiver

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No, she can be your dependent, then she needs to meet the health and character criteria.

You can include the following people in your visa application at the time of lodgement:
  • your partner
  • your child/step-child or your partner’s child/step-child.
The application must include documentary evidence of their relationship to you.

Members of your family unit must be able to show that they meet health and character requirements.

They must hold one of the following visas:

  • Skilled Regional (Provisional) visa (subclass 489
  • Skilled Independent Regional (Provisional) visa (subclass 495)
  • Skilled Designated Area Sponsored (Provisional) visa (subclass 496)
  • Skilled Regional Sponsored visa (subclass 475 or 487) or
  • Bridging visa A or Bridging visa B after applying for a subclass 495, 487 or 489 visa.
Members of your family unit cannot be added to your application after it has been lodged.
 

Chanaka Perera

Wanderer
Messages
14
Points
3
Timeline missing
No, she can be your dependent, then she needs to meet the health and character criteria.

Hi Mystic River,

Thank you very much for your response, much appreciated. I have a few more questions that I am unsure of,

1. If in any circumstance I am unable to fulfil the work requirement, can my wife work full time for 1 year and apply for the 887 visa where I will then be the dependent?
2. Also can we show proof of work by working for an employer whose office is located in another state in Australia? Or should the employer also be physically located in the sponsored region?

Thank you again.

Regards.
Chanaka
 

MysticRiver

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1. Should be alright.
2. Should be okay as long as the primary applicant physically lives & works in the sponsored state.
 

Danish Ghori

Newbie
Messages
1
Points
1
Timeline missing
Hi, I would to ask. I am depended applicant on 489 skill migration visa and fullfilling all visa requirement living and working full time in regional area. My work being a primary applicant could not get full time job. My question is that is primary applicant is must to full time job for 887 visa? Or I am fulfill this condition as a depended applicant? Please guide me
In this regards . Thanks
 

MysticRiver

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I believe you can apply fir 887 as their is no distinction between primary and secondary 489 applicant.
 

Ananta

Newbie
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2
Points
1
Timeline missing
Hello All,
I have a different situation and could not find the right answer anywhere.
We (me-primary applicant, wife and son) granted family Sponsored (subclass 489) visa on sept 2015 and made initial entry on due date last year and then returned. Now we are living in home country. Its only 2 years and 2 months in hand to expired the visa and fulfill the requirement of visa sub class 887.
For some issues of my family and current job, I am quite unable to go to Australia again and full fill the visa condition to get 887. However, my wife has relative there and she could easily stay with them and do permanent job and full fill the visa condition. Therefore, to make the visa valid and apply for class 887 ,my wife is agreed to go Australia with my son.
I would like to know
1) Can my wife apply for 887 as primary applicant as she is dependent on 489 visa.
2) Can she add me as dependent applicant on 887 though I could stay there for few months just before and after the application of 887? I know at the time of lodging application I must be in Australia.
3) Is there any minimum stay period for me as dependent applicant of 887?
 

MysticRiver

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Can my wife apply for 887 as primary applicant as she is dependent on 489 visa.

Yes she can, if she meets the main eligibility criteria for 887 (the same ones that you would need to meet)
DIBP said:
Note: Dependents and partners who hold a skilled visa (475/487/489/495/496) and meet all other eligibility criteria (same criteria as for the main applicant) can apply for this subclass 887 visa as the main applicant.


Can she add me as dependent applicant on 887 though I could stay there for few months just before and after the application of 887? I know at the time of lodging application I must be in Australia.

Well, there is no restriction mentioned in the main page of this visa category in adding a partner.

DIBP said:
Family members can be included in your application if they currently hold a skilled visaor are on a Bridging visa A or Bridging visa B having applied for a skilled visa.

Family members applying for this visa with you must meet our health and character requirements.

If a family member included in your application has less than functional English, you might have to pay an additional fee, called the second instalment fee.


However, in the required documents section for the partner, the below things are added. I haven't seen this in the past, so it might be a new rule, or might be there for long but hidden somewhere.

Hence, from the below quote, it seems like you cannot be added in your situation.

DIBP said:
Living requirement
Provide proof that your partner has lived for at least two years on an eligible visa in either:
  • regional Australia or a low population growth metropolitan area
  • a designated area of Australia.

Is there any minimum stay period for me as dependent applicant of 887?
Answered above.
 

Ananta

Newbie
Messages
2
Points
1
Timeline missing
Yes she can, if she meets the main eligibility criteria for 887 (the same ones that you would need to meet)

Well, there is no restriction mentioned in the main page of this visa category in adding a partner.

However, in the required documents section for the partner, the below things are added. I haven't seen this in the past, so it might be a new rule, or might be there for long but hidden somewhere.

Hence, from the below quote, it seems like you cannot be added in your situation.

Answered above.
Thanks for reply MysticRiver.

Is there any rules regarding visa validation time of 489 before launching the application for 887? Like application for 887 should be launched 2month before the expiry of 489 etc. I am concerned about this because I have only 2years and 2months left for visa 489 expiry.
 
Last edited:

MysticRiver

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The primary applicant needs to is to fulfill the following criteria to submit application for 887

Edit: to clarify, here I meant that the primary applicant of 887 should fulfill the criteria, does not matter if he/she is the primary or secondary applicant in existing 489 visa.

DIBP said:
You might be able to get this visa (887) if you:
  • are in Australia
  • hold a
    • Skilled Regional (Provisional) visa (subclass 489)
    • Skilled Independent Regional (Provisional) visa (subclass 495)
    • Skilled Designated Area Sponsored (Provisional) visa (subclass 496)
    • Skilled Regional Sponsored visa (subclass 475 or 487)
      or
    • Bridging visa A or Bridging visa B after applying for a subclass 495, 487 or 489 visa
  • have lived in a specified regional area of Australia for at least two years
  • have worked full time in a specified regional area for at least one year
  • meet health and character requirements.
 
Yes she can, if she meets the main eligibility criteria for 887 (the same ones that you would need to meet)


Hi, sorry to repeat the same question as others. You said in this reply that the dependent of 489 visa can become the primary applicant for 887 visa but in the next reply u said that the primary applicant of the 489 visa should work 1 year full time job. I am bit confused now by your replies. So my question is can the dependent work full time job and become the main applicant for 887 visa?
 
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