887 visa

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887 visa


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  #1 (permalink)  
Old 09-16-2014, 04:57 AM
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887 visa

Hi

I am on 489 Visa and i have completed 12 months full time work requirement. We are still living in regional VIC.
My Husband and i have purchased a Franchisee business of Antenna installation.

My question is the business is operating from Regional and low population growth metropolitan areas. Sometimes we have to service Leeds given by company in metro area or we get referrals in Metro to service clients.

Is serving metro customers a VISA Breach of 489 Visa?

I have seen expert advice on this form.

Please some one help.

Thanks

Lisa & Matt


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Old 09-16-2014, 09:15 AM
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Quote:
Originally Posted by lisa1986 View Post
Hi I am on 489 Visa and i have completed 12 months full time work requirement. We are still living in regional VIC. My Husband and i have purchased a Franchisee business of Antenna installation. My question is the business is operating from Regional and low population growth metropolitan areas. Sometimes we have to service Leeds given by company in metro area or we get referrals in Metro to service clients. Is serving metro customers a VISA Breach of 489 Visa? I have seen expert advice on this form. Please some one help. Thanks Lisa & Matt
Hi Lisa and Matt,

That is a very good question. Unfortunately I am offshore at them moment and don't have access to the DIBP Policy Advice Manual. I don't think it would be seeing that you are living in a regional area and the majority of your work is in regional areas. However, if your are unable to get anything definite on this site, send me a reminder to my email below after 26 September and I will get into PAMS and ask some of my Senior Colleagues.

Regards

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

  #3 (permalink)  
Old 09-28-2014, 04:21 AM
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Hi Jeremy

This is a reminder as discussed above.

Thanks Lisa & Matt


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Old 09-29-2014, 04:01 AM
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Hi Lisa and Matt,

Below is an extract from the DIBP Procedures Advice Manual (PAMS) concerning condition 8539 or 8549.

"5 Time in Australia spent outside a specified regional area

When applying for a provisional points tested visa, applicants sign an undertaking that they understand and accept the conditions associated with the visa. However, under policy it is consistent with the intention of the condition if for work or recreational purposes a visa holder travels to an area outside a specified regional area:

• for one-off business or a brief holiday or

• to undertake training for work

while the visa holder continues to be employed in a specified regional area and continues to reside in a specified regional area.

For example it would be consistent with condition 8539 if an applicant worked and had a residence in Kalgoorlie, Western Australia and stayed with friends in Perth one weekend a month. It would not be consistent with the condition if the same applicant established a residence in Perth and stayed in the metropolitan area every weekend.

6 Employer based outside a specified regional area

The key to determining whether a visa holder is working in a specified regional area is assessing where the applicant’s usual place of work is located. If an applicant’s place of work is in a specified regional area but their employer is based elsewhere in Australia or overseas, they are considered to be working in a specified regional area."

I believe that your case would be covered by (5) "For one off business or a brief holiday. If you are living in a regional area, and you usual place of work (your business) is in the regional area, then any jobs located outside the regional area would be "one off business activities". The main thing in this case would be make sure that a sizable majority of your work is performed in the regional area, with only the odd job out side the regional area.

Regards

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

  #5 (permalink)  
Old 09-29-2014, 04:38 AM
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Thanks a Lot..

Lisa & Matt


  #6 (permalink)  
Old 09-30-2014, 05:14 AM
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Hi Jeremy

So from your above PAMS advice. it appears to me that if i want to use this business as 12 months employment requirement. I cannot use this business as we will be serving equal amounts of clients in regional and metro.

Please correct me if i am wrong.

To Apply 887, while holding 489 visa i have to demonstrate following
- 12 months full-time work requirements... (I have 1 year 6 months payslips)
- 24 months residence in regional Australia. (I can demonstrate this)

1- I do not need this business to demonstrate full time work for 887 application. as i already have 1 year 6 months Full time work payslips, pay summary. PAYG, Super statement, Employment Letter and contract.

2- I will not be staying overnight in metro. I will return back to my residence in regional at the end of the day. So i am not breaching regional residence Condition

3- Operating this business is NOT a breach of regional work condition as i am operating business from regional location. Clients can be located anywhere in Australia (Metro / Regional).

4- Our ACN ABN and trading name is located in regional Location.

We have invested all our savings into this business. We do not want to loose business and our chance of 887 visa in future.


Please advice. are we on right track.

Thanks

Lisa & Matt


  #7 (permalink)  
Old 01-30-2015, 07:18 PM
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can the spouse apply for 887?

Hi


Thank you for sharing your information.
Would you please help me with my question:

My spouse was the main applicant in 489 visa, but I want to know if I can apply for 887 as the main applicant and include her in my application?

many thanks

Meysam


  #8 (permalink)  
Old 02-02-2015, 05:11 AM
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Yes you can.

Regards

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]

http://4australianvisas.com

  #9 (permalink)  
Old 02-02-2015, 05:18 AM
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Hi Lisa and Matt,

I only answer general questions on this site, and not questions about individual cases. I am a Professional Registered Migration Agent and only look at individual cases when I have formal instructions and a contract between me and my clients.This is a requirement of the MARA Code of Conduct.

Regards

__________________
Jeremy W Hooper BEng MSc Grad Dip App Finance Dip Australian Migration Law MMIA MMA, MM&EA
MARN 0107902

[email protected]isas.com

http://4australianvisas.com

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