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path to Skilled Regional visa (subclass 887) - Page 3


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  #21 (permalink)  
Old 08-05-2014, 06:40 AM
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Randy, are you on state sponsorship or family? Because in my case, as responded by Mark earlier, the secondary applicant (wife in my case) doesn't have to fulfill the living/working in Regional area criteria. I am on 489 (family sponsorship).

It seems my visa conditions are more open allowing me to live/work even outside of Victoria state (where my sponsor lives/work).


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Old 08-05-2014, 10:26 AM
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Originally Posted by cyberslam
Randy, are you on state sponsorship or family? Because in my case, as responded by Mark earlier, the secondary applicant (wife in my case) doesn't have to fulfill the living/working in Regional area criteria. I am on 489 (family sponsorship).

It seems my visa conditions are more open allowing me to live/work even outside of Victoria state (where my sponsor lives/work).
Hi. Mine is a State sponsored 489. Wife Can fulfill criteria. Concern is more for my 3 children, whether they need to fulfill studying in the regional area for 887 application.

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Old 08-08-2014, 09:35 AM
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This is a bit confusing now because Mark replied earlier in the thread, in my case, that only the primary applicant (me) needs to fulfill the live/work in a regional area.

Lets wait for Mark to reply on this then.

Btw, how will your wife fulfill the criteria if i may ask?


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  #24 (permalink)  
Old 08-08-2014, 09:45 AM
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Hi Cyberslam -

Seems to be some confusion - happy to help clarify. There are 2 separate issues at play here:

Issue 1: Condition of your current 4xx visa. Certain 4xx visas have strict conditions that all applicants must live, work and study in particular areas. Check your visa conditions carefully in this regard because there are several different 400 series visas that are/have been available over the last few years and they are all different.

Issue 2: Requirements for a 4xx visa holder to apply for 887 visa. In this case, at least one adult visa holder (ie, either husband or wife if both hold the 4xx visa) must have lived in the specified regional area (for the 4xx visa - they are different here too!) for 2 years and worked in the specified regional area for a total of 1 year. As long as 1 adult visa holder meets this criteria, the other members of the family unit do not need to, however by the same token if their 4xx visa has living restrictions on it, those most have been abided by for the duration they hold/held the 4xx visa. Note that the primary visa holder for the 4xx visa can switch and be the secondary visa applicant for the 887 visa, and vice versa.

Hope this helps clear things up -

Best,

Mark Northam

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Old 08-08-2014, 02:14 PM
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Hi Mark,

Your explanation is pretty clear and upon checking my grant letter again, it says "Visa Conditions 8549 - MUST LIVE/WRK/STDY IN DES AREA" and checking on VEVO it gives me the attached info which indicates that i can LIVE/WRK/STDY even outside of area where my sponsor resides (Victoria), correct?

The cause of concern for me is that i haven't yet applied for my wife as a subsequent entrant so can i be sure that she also doesn't have to fulfill the live/work/study for 2 years/1year work in a designated area? or i have to wait for her grant letter and see what conditions she has or its a given thing that only the primary applicant has to fulfill the criteria with such visa? From your explanation, it seems only the primary applicant (me) fulfilling the criteria is enough, correct me if i am wrong please.

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  #26 (permalink)  
Old 08-08-2014, 02:20 PM
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Hi Cyberslam -

The key confusion I think is that "a designated area" means "any designated area" that fits the criteria of the visa you have. IE, your sponsor may live in designated area A, and you might live in designated area B, and you might work in designated area C. If A, B and C are all on the list of designated areas for your visa, you're good. Same for secondary visa holders.

Now onto the 887 issue which is the 2 years / 1 year issue - only the primary applicant for an 887 visa has to satisfy this condition. Check Schedule 2 regulations for 887 visa.

Hope this helps -

Best,

Mark Northam

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Old 08-09-2014, 04:37 AM
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Quote:
Originally Posted by MarkNortham
Hi Cyberslam -

Seems to be some confusion - happy to help clarify. There are 2 separate issues at play here:

Issue 1: Condition of your current 4xx visa. Certain 4xx visas have strict conditions that all applicants must live, work and study in particular areas. Check your visa conditions carefully in this regard because there are several different 400 series visas that are/have been available over the last few years and they are all different.

Issue 2: Requirements for a 4xx visa holder to apply for 887 visa. In this case, at least one adult visa holder (ie, either husband or wife if both hold the 4xx visa) must have lived in the specified regional area (for the 4xx visa - they are different here too!) for 2 years and worked in the specified regional area for a total of 1 year. As long as 1 adult visa holder meets this criteria, the other members of the family unit do not need to, however by the same token if their 4xx visa has living restrictions on it, those most have been abided by for the duration they hold/held the 4xx visa. Note that the primary visa holder for the 4xx visa can switch and be the secondary visa applicant for the 887 visa, and vice versa.

Hope this helps clear things up -

Best,

Mark Northam
Hi Mark,

Issue 1. The condition in my 489 visa is 8539 (live/work/study in regional area). It's similar for my wife and three kids.
The whole family will be moving to regional area but my kids' school are outside the regional area. Our intention is not to move them to another school as it's their critical year.

Issue 2. If issue 1 is not fulfilled because my kids are not studying in regional area, then will application of 887 be a challenge even if I as the primary applicant stay
2 years/ work 1 year and fulfill my obligations? Another problem is my eldest son will have to return to Singapore to serve his National Service end of 2015. He therefore will not be able to fulfill the stay 2 years obligation due to no fault of his. You mentioned as long as 1 adult visa holder meets the criteria,other members of family unit do not need to. Yet you also said that if their 4xx visa has living restrictions on it they must have been abided. I'm confused.

Sorry to trouble you Mark. Hope I didn't confuse you as well.

Thanks.


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Old 08-17-2014, 04:01 PM
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Randy, from what i have understood from Mark and i feel he is clearly stated that only the primary applicant has to fulfill the condition of 2 years/1year work to get 887 visa.

But going by what Mark has mentioned in this reply:
Quote:
As long as 1 adult visa holder meets this criteria, the other members of the family unit do not need to, however by the same token if their 4xx visa has living restrictions on it, those most have been abided by for the duration they hold/held the 4xx visa.
If this is the case then lets say my wife or your wife is a house wife then how can they prove that they have indeed lived in a designated area? They can't e.g. now have an apt lease or bills on their name as well besides you also having it :-|

If only the primary applicant has to fullfil the conditions then why do the dependents (like in your case) have the live/work/stdy condition on their visa also ?


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Old 08-17-2014, 10:27 PM
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Hi Cyberslam -

Maybe this will help. There are 2 completely separate things going on here - 1) conditions on your 4xx visa - this has nothing to do with requirements for an 887 visa. It's all about the restrictions on the type of 4xx visa you have and applies to all holders of the 4xx (primary & secondary).

2) requirements if you wish to go from a 4xx visa to an 887 visa - this is all about the requirements for the 887 visa, and has nothing to do with the various different requirements for different types of 4xx visas.

Hope this helps

Best,

Mark Northam



Quote:
Originally Posted by cyberslam View Post
Randy, from what i have understood from Mark and i feel he is clearly stated that only the primary applicant has to fulfill the condition of 2 years/1year work to get 887 visa.

But going by what Mark has mentioned in this reply:


If this is the case then lets say my wife or your wife is a house wife then how can they prove that they have indeed lived in a designated area? They can't e.g. now have an apt lease or bills on their name as well besides you also having it :-|

If only the primary applicant has to fullfil the conditions then why do the dependents (like in your case) have the live/work/stdy condition on their visa also ?

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Northam Lawyers http://nlaw.com.au [email protected]
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