Visa 475 to permanent visa

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Visa 475 to permanent visa


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Old 02-28-2015, 12:53 AM
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Visa 475 to permanent visa

Hi can anyone give me advise in applying PR. I am holding a Subclass475 Regional Visa. I arrived in kalgoorlie last April 7, 2013 and have been working in Kal for 18months now. This coming April 8, 2015 will be my 2 years in Kalgoorlie. The condtions of my visa is to live for 2 years in designated area (which in my case Kalgoorlie) and to work full time 12months. However, i have been flying in and out of Australia due to work. I was wondering what is "living in Australia for 2 years" defines. Did i breach this condition in doing FIFO overseas?
I really appreciate if anyone can help me on this. Thanks.


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Old 03-02-2015, 02:39 PM
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Hi jimson501,

In short, yes.

The Department of Immigration's 475 page states that "If you plan to apply for permanent residence, you will need to prove that you have spent the specified time in that area."

But the breach isn't irredeemable: I would subtract all the FIFO days from the time you have spent in Kalgoorlie. That will give you a true representation of the time spent in Kalgoorlie. Then, in the remainder of the 3 years that the 475 visa provides, I would stay in Kalgoorlie to make up for the two years. Then I would apply for permanent residency.


Last edited by ElizabethFitzpatrick; 03-02-2015 at 02:55 PM.

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Old 03-02-2015, 11:02 PM
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Hi Elizabeth,

Thank you so much for the info..One more question..Is it true that we have to stay 6 months straight is australia prior lodging the 887 visa? or my family just need to be inside australia before applying 887 until its granted..


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Old 03-03-2015, 10:57 AM
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Hi jimson501,

According to Schedule 2 of the Migration Regulations, if family members apply they "must be in Australia when the visa is granted", that is, at the time when the visa is granted. The processing time for the 887 visa is 6 months. If your family members need to leave Australia during this time they can get a bridging visa B.

Also, below is an extract from the DIBP Procedures Advice Manual for Subclass 887 Visa, and addresses the 2 years residence requirement. I included this in case there were any flights for a holiday that you did not mention. It does not detract from the 2 year residence requirement if you spent about three weeks overseas on a holiday.

4.2 - Periods spent outside specified regional Australia.

4 Residence
4.1 Background

To satisfy 887.212 the main applicant must have lived in a specified regional area for a total of at least two calendar years while holding one of the provisional GSM visas, or bridging visas associated with an application for a provisional GSM visa. Any time spent living in a specified regional area while in Australia on another visa cannot be counted.

4.2 Periods spent outside a specified regional Australia

In considering whether an applicant has been living in a specified regional area for at least two years case officers should note that short holidays during which the applicant visits a metropolitan city or travels overseas, do not detract from a period of residence.

For example, an applicant produces evidence that they have resided in a specified regional area from October 2005 until the time they apply for an 887 visa in November 2007. During that period they spent three weeks in 2006 and a further three weeks in 2007 travelling overseas. As this length of absence is not inconsistent with continuing to reside in a specified regional area the applicant satisfies 887.212.

4.3 Two years need not be consecutive

Although it will usually be the case, there is nothing in the Regulations to provide that the applicant must have lived for a concentrated two year period in a specified regional area. The two years may be achieved by adding together two or more periods of residency. However, see section 6 Complied with conditions of earlier visas.

For example, an applicant who lived in a specified regional area for 10 months and travelled overseas for 6 months before returning to a specified regional area for a further 14 months, would meet the residence requirement.

However, in relation to applicants who have been living elsewhere in Australia, see section 6 Complied with conditions of earlier visas.


Last edited by ElizabethFitzpatrick; 03-03-2015 at 11:18 AM.

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Old 03-04-2015, 01:40 AM
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Hi Elizabeth,

That was really helpful. It answer all my question regarding the visa.
Thank you very much.


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