# subclass 489 visa renewal ?



## cyberslam (Jul 28, 2012)

Hey all! 

i have been granted the subclass 489 Skilled - Regional Sponsored (Provisional) visa which has an expiry date of April 2017 and of course has a condition attacehd that i need to live/work in the designated area which is Victoria for 2 years in order to make it a permanent visa. 

The thing is i can't move to Australia now due to some work/family reasons so i was wondering if i would be able to renew this visa if i move to AUS lets say in 2016 and get a full time job? 

This is something which is really making me go nuts so i would really appreciate some help on this. 

thanks in advance!


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## humi (Apr 5, 2011)

cyberslam said:


> Hey all!
> 
> i have been granted the subclass 489 Skilled - Regional Sponsored (Provisional) visa which has an expiry date of April 2017 and of course has a condition attacehd that i need to live/work in the designated area which is Victoria for 2 years in order to make it a permanent visa.
> 
> ...


First activate your visa. At DIBP (old name DIAC) ends, things are changing almost after every two months (fees, forms etc) so I don't thing at this stage (3 years earlier) someone suggest you something.


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## cyberslam (Jul 28, 2012)

humi said:


> First activate your visa. At DIBP (old name DIAC) ends, things are changing almost after every two months (fees, forms etc) so I don't thing at this stage (3 years earlier) someone suggest you something.


i know a lot of things change with time but what does the current rule says about this scenario ?


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

Would need to look at your case specifics and visa to give you any advice specific to your case, but generally SC489 visa holders, in addition to meeting the usual health & character requirements upon renewal to the second 489 visa, need to have met the live/work geographical restrictions *while in Australia* in addition of course to having activated the visa by the date required in the visa. The live 2 yrs/work 1 year requirement to go to the permanent skilled sponsored is a requirement of the permanent visa, not the 489. I would recommend you consult with a registered migration agent about the specifics of your case to get detailed advice specific to your situation.

Hope this helps -

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

Mark, on what case basis does it differ from the general scenario?

My 489 skilled visa is a family sponsored and restricted of living/working in Victoria for the first 2 years in order to convert it to a permanent one.

Thanks!



MarkNortham said:


> Hi Cyberslam -
> 
> Would need to look at your case specifics and visa to give you any advice specific to your case, but generally SC489 visa holders, in addition to meeting the usual health & character requirements upon renewal to the second 489 visa, need to have met the live/work geographical restrictions *while in Australia* in addition of course to having activated the visa by the date required in the visa. The live 2 yrs/work 1 year requirement to go to the permanent skilled sponsored is a requirement of the permanent visa, not the 489. I would recommend you consult with a registered migration agent about the specifics of your case to get detailed advice specific to your situation.
> 
> ...


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

With any persons' specific visa situation there are dozens of scenarios that extend beyond the bare-bones minimum requirements unique to that visa subclass that can range from health and character issues, to various conditions imposed on the visa by DIBP, to issues involving sponsors or dependents, etc. Because of the strict legal liability a registered migration agent has for providing incorrect or inaccurate advice (regardless of whether for free on a forum like this or to a paying client), I'm not able to give specific advice for a person's case without having all the details in front of me regarding that person, the visa, etc in order to make a proper assessment of things and provide accurate advice. 

I wish things weren't this way, but the ever-increasing complexity of the migration regulations and policy combined with the ever-tightening oversight of agents by the licensing authorities leaves me little choice. In the end, though, the complexity of the regulations is the driving factor - if the requirements were simple and there weren't so many "ifs, ands and buts", visa requirements would be far easier to understand and to relay to clients.

Hope this helps -

Best,

Mark Northam


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## MarkNortham (Dec 19, 2012)

P.S. - to illustrate the difference, I was asked a question on a different thread on this forum about whether the poster, a dependent of a 457 visa holder, would have any work restrictions. In this case, it was possible to answer specifically since the 457 visa does not place work restrictions on secondary visa holders under any circumstances I know of, and these visa holders get unlimited work and study rights by default.


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## anawan (Aug 16, 2014)

*475 to 887*

Hi Mark,
I am in a critical situation, seeking your initial advice please;

I am on 475 regional sponsored visa which is expiring Dec 2014.
I have already fulfil the condition and submitted my 887 visa in Feb 2014, which is under process.

I have been granted bridging visa A already which ll came into effect after expiry of 475 (Dec 2014).

I am from high risk country , so I think external security check will take more than a year or so?

I recently got married and my wife is overseas, what visa options I have to bring her here.

you valued opinion ll highly be appreciated. Thanks


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## MarkNortham (Dec 19, 2012)

Hi Anawan -

Thanks for the note - happy to help. Re: 887 processing time, very difficult to predict - with luck it will be less than 12 months, but no good way to predict.

Re: your wife, unfortunately there is no way to add a family member to an 887 application after you've lodged it. I don't have enough info about your case to determine whether it would be possible to withdraw your current 887 application, then lodge a fresh one with your wife included - if you wanted to explore this option to see if it was viable, would need to see you at a consultation (see website in my signature below) to go through all the requirements of that option. Other option may be to wait until you are granted the 887, then sponsor her for a partner visa if you meet the requirements for that. In the meantime, she could apply for a visitor visa or some other visa (student, etc) if she wanted to visit/study/etc in Australia.

Hope this helps -

Best,

Mark Northam



anawan said:


> Hi Mark,
> I am in a critical situation, seeking your initial advice please;
> 
> I am on 475 regional sponsored visa which is expiring Dec 2014.
> ...


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## anawan (Aug 16, 2014)

Hi Mark, 
I appreciate your reply, can i withdraw my 887 application anytime?, If so what you think can i apply for 190 or 189 while adding my wife as secondary applicant even if she is offshore ?

Off course I have to make sure I must meet point criteria for 190/189.

If I can apply for 190/189, will I be given BVA or BVC on submission of new application, since I have been granted BVA already after I submitted my application for 887 which ll came into effect after expiry of 475. 

On immi web it is mentioned that processing time for 190/189 is 3 months but I am still curious which one takes priority in processing in reality, what you suggest?

As you know I am from high risk country, what are the chances my 190/189 will be sent to external checks pool, these external checks are random or applicable to all visa types for any applicant from high risk countries? 

Once again I appreciate your generosity. 

Stay blessed


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## MarkNortham (Dec 19, 2012)

Hi Anawan -

Yes, you can withdraw your 887 visa at any time before decision. Re: applying for 189 or 190, would need to see you at a consultation to go over all the criteria for that visa. You would probably be given BV-C if you make a 189 or 190 application. Reality of 189/190 processing usually longer than 3 months (more like 6 or so). External security checks required on all PR visas, not random from what I know, although this is not published or official info as DIBP doesn't discuss this area.

Hope this helps -

Best,

Mark Northam



anawan said:


> Hi Mark,
> I appreciate your reply, can i withdraw my 887 application anytime?, If so what you think can i apply for 190 or 189 while adding my wife as secondary applicant even if she is offshore ?
> 
> Off course I have to make sure I must meet point criteria for 190/189.
> ...


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## anawan (Aug 16, 2014)

Hi Mark,
First of all thanks for your reply, I came up with a interesting question for you. 

1- can i apply for 189 first and 190 later once SS is granted, i mean can i submit 2 applications at the same time?

2-If i can, then what happens if decision for 190 is made earlier the how DIBP will treat 189 application, can i with draw 189 once 190 is granted?

3-My BVA will be active in jan 2015, i must have to apply for 189 prior to activation of BVA as if i ll apply after Jan 2015, i ll be granted with BVC which will restrict me for overseas travel?

4-What if I apply for 189 prior to activation of BVA and then once BVA is active the I apply for 190 as additional application in that case I ll still be eligible holder of BVA or it ll be changed? 

5-Once my either if 190/189 is in submitted with my wife, can I apply for visit visa for my wife in my home country? 

Please share your valued comments.Thanks


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## MarkNortham (Dec 19, 2012)

Hi Anawan -

Can help with some of these - with others would need to have all details of your case to give you specific advice:

1) - Yes.
2) - If you have 2 PR applications pending and they are ready to grant one of them, they will require you to withdraw the other before they will grant the first.
3) - If you hold a bridging visa (activated) for 28 days or more, and after that apply for another visa, the other visa will generally cause a BVC to be granted.
4) - See 3 above
5) - Yes, generally, but additional details of your case may affect this.

Hope this helps -

Best,

Mark Northam



anawan said:


> Hi Mark,
> First of all thanks for your reply, I came up with a interesting question for you.
> 
> 1- can i apply for 189 first and 190 later once SS is granted, i mean can i submit 2 applications at the same time?
> ...


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## Quintondang17 (Oct 14, 2015)

MarkNortham said:


> Hi Cyberslam -
> 
> Would need to look at your case specifics and visa to give you any advice specific to your case, but generally SC489 visa holders, in addition to meeting the usual health & character requirements upon renewal to the second 489 visa, need to have met the live/work geographical restrictions *while in Australia* in addition of course to having activated the visa by the date required in the visa. The live 2 yrs/work 1 year requirement to go to the permanent skilled sponsored is a requirement of the permanent visa, not the 489. I would recommend you consult with a registered migration agent about the specifics of your case to get detailed advice specific to your situation.
> 
> ...


Hi Mark. I hope you are well. I just have a question and I am a bit worry. I am holding visa 489 (family sponsor). Will DIMI change the rule (stay 2 years in Perth and working fulltime/ 35 hours per week for 1 year) for the next couple years? What happened if they change the requirement for applying 887?


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## MarkNortham (Dec 19, 2012)

Hi Quintondang17 -

No way to predict what DIBP will do. All you can do is to keep a close watch on any legislative or policy changes related to the subclass 887 visa.

Best,

Mark Northam



Quintondang17 said:


> Hi Mark. I hope you are well. I just have a question and I am a bit worry. I am holding visa 489 (family sponsor). Will DIMI change the rule (stay 2 years in Perth and working fulltime/ 35 hours per week for 1 year) for the next couple years? What happened if they change the requirement for applying 887?


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## mau_gomes (Apr 25, 2017)

Hello Mark

I'd like to share some questions I have regarding my 489 Visa.
I was granted this Visa on 13 of May 2016.I plan to move to Oz this June 2017. So that will give me about 3 yrs to comply with conditions to apply for 887 Visa.

1- I have travelled to Australia 2 times already and stayed in different regional towns, staying in hotels and hostels.I have the receipts of those. Will this time staying in hotels and hostels count ? if I show the receipts.
2- I'll probably achieve my 2 yrs time living ,and 1 yr working, close to the end of my 04 yrs 489 visa, close to May 2020. I have read that you must be in Australia to apply for 887 and be there when the visa is granted. So, let's say I only apply for 887 10 days before my 489 expires, is there a bringing visa ? Because it might take 10 months for the 887 visa to be granted.
thanks


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## engr.shahidul33 (Apr 27, 2017)

Hello Mark,
I got Family Sponsored (#subclass 489) visa on September, 2015 . 
I have made my and my family members initial entry on due date last year. Then we returned to home, We will go to Australia again to fulfill the requirement for the permanent residency 887. However, want some more time to stay and complete some issues in the business and family.

For the permanent residency we have to live and work in Australia for 24 Months in the designated areas. Our visa will expired on 28th September 2019, I would like to request you to inform me the possibilities of extension of our visa before the expiry of the validity and complete the requirement of #887.

OR, same question as @mau_gomes 10 days before my 489 expires, is there a bringing visa ? Because it might take 10 months for the 887 visa to be granted.

Waiting for your reply.


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