# Adding partner to 489 visa



## cyberslam (Jul 28, 2012)

hey all! 

i got my Skilled - Sponsored (Family) 489 visa and i was wondering if its possible for me to add my wife on to this visa. I still haven't moved to AUS yet so was wondering if its possible it start her process while being offshore. 

I spoke to a migration agent and he told me that since I have Skilled - Sponsored (Family) 489 visa, I can't add my wife to it. It could have been possible only at the time of lodgment of my app. is this true? :-| 


really confusing situation for me here....kindly help.. 

Thanks!


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## shingle (Sep 30, 2012)

You cannot add a partner to your Skilled - Nominated or Sponsored (Provisional) (subclass 489) visa application after lodgement.

This is from the skillselect site.....so your agent is correct.
You will need to apply for an alternative visa for your wife,a Spouse or Partner visa. I know very little about these but someone else will come along & help. Look the visas up on the immi website meanwhile Department of Immigration & Border Protection


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## CollegeGirl (Nov 10, 2012)

A spouse/partner visa is not going to be an option. A 489 is not a permanent visa, and even if it were, OP would have to be "usually resident" for a couple of years in order to sponsor.

I don't know anything about the 489, but what about this language on the 489 page?

"Your dependants who were not included in your original application (subsequent entrants) might also be eligible to apply for this visa. If your dependant is granted a 489 visa they will be allowed to stay in Australia for the same period of time as your visa."

Can you clarify with your agent or with DIAC that your wife would not qualify as a "subsequent entrant?"


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## cyberslam (Jul 28, 2012)

shingle said:


> You cannot add a partner to your Skilled - Nominated or Sponsored (Provisional) (subclass 489) visa application after lodgement.
> 
> This is from the skillselect site.....so your agent is correct.
> You will need to apply for an alternative visa for your wife,a Spouse or Partner visa. I know very little about these but someone else will come along & help. Look the visas up on the immi website meanwhile Department of Immigration & Border Protection


this is very unclear from DIAC here... it says cant add her to my application like 189 visa but doesn't say can't add her as a subsequent entrant or sponsor her later.


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## cyberslam (Jul 28, 2012)

CollegeGirl said:


> A spouse/partner visa is not going to be an option. A 489 is not a permanent visa, and even if it were, OP would have to be "usually resident" for a couple of years in order to sponsor.
> 
> I don't know anything about the 489, but what about this language on the 489 page?
> 
> ...


i read that part but again its very unclear from DIAC as the mentioned part comes under the "Holders of visa subclasses 495, 496, 475 and 487" category.

:-|


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## cyberslam (Jul 28, 2012)

is there anyone here who was in a similar situation as me or knows anything for sure? 

would be much appreciated here- thanks.


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## CollegeGirl (Nov 10, 2012)

I would either call immigration or (preferably) talk to a migration agent. This isn't a question we see here often enough that you're likely to get a definite answer here.


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## CollegeGirl (Nov 10, 2012)

Cyberslam, I've looked into it more and believe it IS possible. I know you said on another forum that you'd talked to an RMA already, but I'm wondering if that agent knew what he was talking about.

I found a fact sheet from Immigration for 489 applicants _sponsored by relatives_, and one of the comments on it is that *subsequent entrants* do not need to provide _all_ of the evidence asked for on that fact sheet. It seems pretty clear to me that it's possible and that Immigration has just designed that webpage poorly and in such a way to be confusing. It also does not make sense to me that they would not allow people on one type of 489 to add spouses later, but not people on another type. It's the same visa subclass.

Like I said - I think in this case I'd try calling immigration directly, or perhaps messaging Mark Northam on this forum. He's a great agent and he can help you sort it out. Or if I were you I might even try going through the online application process for a 489 subsequent entrant. You don't have to actually complete the application, but somewhere early on in that process there's bound to be more info on whether or not on your type of visa you can add a subsequent entrant.


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## cyberslam (Jul 28, 2012)

CollegeGirl said:


> Cyberslam, I've looked into it more and believe it IS possible. I know you said on another forum that you'd talked to an RMA already, but I'm wondering if that agent knew what he was talking about.
> 
> I found a fact sheet from Immigration for 489 applicants _sponsored by relatives_, and one of the comments on it is that *subsequent entrants* do not need to provide _all_ of the evidence asked for on that fact sheet. It seems pretty clear to me that it's possible and that Immigration has just designed that webpage poorly and in such a way to be confusing. It also does not make sense to me that they would not allow people on one type of 489 to add spouses later, but not people on another type. It's the same visa subclass.
> 
> Like I said - I think in this case I'd try calling immigration directly, or perhaps messaging Mark Northam on this forum. He's a great agent and he can help you sort it out. Or if I were you I might even try going through the online application process for a 489 subsequent entrant. You don't have to actually complete the application, but somewhere early on in that process there's bound to be more info on whether or not on your type of visa you can add a subsequent entrant.


CollegeGirl, really appreciate you looking into this. can you please share with me the fact sheet that you found on 489 applicants?

I will be going to the agent hopefully in the next few days to get more info on this. I tried going through the online process of adding an subsequent entrant and after entering my visa reference (TRN?), it did take me to the next page where i have to enter the applicant details.

Will also try getting in touch with Mark Northam.

thanks again!


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## CollegeGirl (Nov 10, 2012)

Here it is: http://www.immi.gov.au/skills/skillselect/index/checklists/489-applicant-checklist.pdf


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## MarkNortham (Dec 19, 2012)

Hi All -

The previously quoted agent is incorrect. While for permanent skilled visas (190, 189) it is not possible to add an applicant after the visa has been granted, for the 489 provisional skilled visa it is possible to add a member of the family unit (ie, partner) as a subsequent entrant. The person must pass all of the usual health, etc checks. There is an online application available for this (I believe the link was quoted in an earlier post).

Please advise if I can assist further and good luck with your application!

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

Mark, that's quite a relief to hear that; thanks a lot for reply. 

Btw, do I need to be based in Australia in order to start the application of subsequent entrant? Does she have to do IELTS as well and if so what are the requirements of IELTS? I can't find this information anywhere on the immi website. 

After my this struggle to find info on all this I must say DIAC website is poorly designed on the information perspective.


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

Thanks for the note. For the 489 visa, secondary applicants who have turned 18 years old at the time of application must demonstrate Functional English. If they are unable to, there is a $4,890 secondary visa application fee payable prior to the grant of the visa that pays for English lessons once they are here. Functional English is most easily shown by an overall score of 4.5 on the IELTS test. Here's more info on Functional English:

Functional English

Hope this helps -

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

okay functional English shouldn't be a problem. 

what about whether I need to be based in Australia in order to start the application of subsequent entrant? 

Hopefully this should be the last query- thanks a lot again.


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

As long as your visa has been granted, you should be fine starting a subsequent entrant application.

Good luck!

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

That's an icing on the cake! 

Thanks again Mark; I am sure this thread will come handy to a lot of people facing similar situation as mine. 

Good day!


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## MarkNortham (Dec 19, 2012)

Glad I could help - good luck with your migration!

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

It's kind of scary to me just how much incorrect information is given out by some migration agents when it's information it took me five minutes to research on DIAC's website... Ah well. So glad Mark is here!


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## pralis (Nov 3, 2013)

What is the current time frame for subsequent entrant,,,,,thanks


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## cyberslam (Jul 28, 2012)

I contacted the local Australia consulate/immigration, some days before I approached Mark, on the same issue and today I finally received their response which is as below:

"Than you for your email. Please note that it would not be possible to add
any applicant to the grant letter. For your wife visa kindly apply a new
application ." 


I guess it could only mean that they assumed I wanted to add an another applicant to my already granted visa application :-|


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

I think your assessment is correct. Once a 489 is granted, you can apply for another 489 (separate/new application) for a subsequent entrant family member. If granted, that family member's 489 will be set to expire at the same date as yours does.

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

I guess I will have to take your word on this as you have much more experience and knowledge on this. 

Thanks again


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

Glad I can help - the key is that it's not my word or my knowledge/experience, it's the law and what the migration regulations allow for. Since I don't know your individual circumstances I can't give you specific advice on your visa, but am happy to relate what the regulations state about various situations. That being said, there are always "ifs, ands and buts" as they say that can change the ability to lodge or be granted a visa - things like section 48, exclusion periods, conditions such as 8503, limits on sponsorship, and the list goes on and on. It's why there is no shortcut to complete research for whatever application a person wants to make - whether that research is done by an agent or by the applicant, given the constantly changing world of migration law and regulations, it's a "must". 

Best of luck with your migration!

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

Mark, due to some unforeseen circumstances that have occurred over the past few weeks I have another question for you please. 

Does my wife have to be in the same city/place (basically living together) when I lodged her application? The application will be lodged outside of Australia so I was wondering does she have to be residing in the same place as I at the time of lodgment. 


thanks a ton in advance once again!


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## MarkNortham (Dec 19, 2012)

Hi Cyberslam -

Thanks for the note - sorry for the delay - am traveling outside of Australia at the moment, will be back in the office Monday. A subsequent applicant for a 489 does not need to be in the same place at application as the primary is, however if the two of you are not together, that could raise questions in DIBP's view of the genuineness of the relationship, etc depending on the circumstances. Key then is to have plenty of relationship evidence available to overcome any concerns. Additionally, you should check all the conditions on your 489 visa to make sure there are no issues, such as condition 8515 (must not marry or enter into a defacto relationship prior to entering Australia), etc. As with all visas, it's critical to make sure that all applicants meet all of the legal requirements for the visa - careful research prior to applying is the key to ensuring this.

Hope this helps -

Best,

Mark Northam


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## cyberslam (Jul 28, 2012)

Thanks a ton for your reply Mark, will keep it mind to avoid any unnecessary problems in the future.


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## latysh (May 10, 2014)

> Functional English is most easily shown by an overall score of 4.5 on the IELTS test. Here's more info





> an International English Language Testing System (IELTS) test result of at least 4.5 in each of the four test components (speaking, reading, listening and writing). Your test must have been completed within 12 months of visa application lodgement or can be completed during visa application processing


Most likely it changed later ((

I have a question regarding this topic. I married after I was granted the 489 visa (family sponsored). Now I am in Australia and want to apply for 489 Subsequent entry visa for my wife. My wife is pregnant and will give a birth outside of Australia. Does it mean that I have to apply separate Subsequent Entrant visa for our child and pay same amount of money as for my wife? Can't we add our child to wife's Subsequent Entrant visa? Thanks in advance!


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## MarkNortham (Dec 19, 2012)

Hi Latysh -

Depends on the timing of the birth - if the child is born while your wife's 489 visa application is still processing, you can add the child to the application via a change of circumstances form (form 1022). If born after your wife's 489 visa is granted, there may be a number of solutions depending on your circumstances.

Hope this helps -

Best,

Mark Northam


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## latysh (May 10, 2014)

MarkNortham said:


> Hi Latysh -
> 
> Depends on the timing of the birth - if the child is born while your wife's 489 visa application is still processing, you can add the child to the application via a change of circumstances form (form 1022). If born after your wife's 489 visa is granted, there may be a number of solutions depending on your circumstances.
> 
> ...


Thank you very much Mark! This info was priceless to me. What if child is born before visa application is started? Can we add child to wife's visa? Thanks in advance!


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## MarkNortham (Dec 19, 2012)

Hi Latysh -

If the child is born prior to the application being lodged, assuming your wife/child meet the requirements, you may want to include the child on the application as a dependent child. You'll have to declare the child in any case if born when you apply, either as migrating or non-migrating. 

Hope this helps -

Best,

Mark Northam


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## latysh (May 10, 2014)

Thank you very much!


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## MarkNortham (Dec 19, 2012)

Always happy to help -

Best,

Mark Northam


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