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8539 Visa Conditions on 489 visa subclass, help TEE TIM, ALAN , WRUSSEL. RUPERT


Guest dugles

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Guest dugles

Dear Experts and all Members,

 

I have received my 489 skilled regional sponsored visa last week with attached condition 8539.

My sponsored state is NSW and region is Southern Inland. I have few doubts regarding this condition and for the future 887 application.

 

1. As Southern Inland is my sponsored region, Can I stay in Queanbeyan post code 2620 under visa condition 8539. Queanbeyan is approx. . 10

minutes drive to CBD Canberra. If , NO then please advise accordingly.

2. Can I apply for another 489 visa just before the expiry of this visa ?

3. Can I sponsored my father as a 489 subsequent entrant after validating my visa and again he has to be stay for 2 years with me ?

4. The condition to stay 2 years in order to be eligible for 887 is only on me or on both of us i.e myself and my father.

 

I Sincerely request you to please advise me

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Go to immi.gov.au and check out the postcodes of where you can live.

 

No, you can not add your father to the visa. He would need to either qualify for a visa in his own right or after you have been a permanent resident for two years you can sponsor for contributary parent visa. But this is VERY expensive.

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Dear Experts and all Members,

 

I have received my 489 skilled regional sponsored visa last week with attached condition 8539.

My sponsored state is NSW and region is Southern Inland. I have few doubts regarding this condition and for the future 887 application.

 

1. As Southern Inland is my sponsored region, Can I stay in Queanbeyan post code 2620 under visa condition 8539. Queanbeyan is approx. . 10

minutes drive to CBD Canberra. If , NO then please advise accordingly.

2. Can I apply for another 489 visa just before the expiry of this visa ?

3. Can I sponsored my father as a 489 subsequent entrant after validating my visa and again he has to be stay for 2 years with me ?

4. The condition to stay 2 years in order to be eligible for 887 is only on me or on both of us i.e myself and my father.

 

I Sincerely request you to please advise me

 

My thoughts to your questions in the same order:

 

1. You can check the postcodes on www.immi.gov.au, if it is on the list then it is fine. Some places will be a mere 10 minutes from the border of a place that you are not allowed to live in. Note that you cannot work in Canberra.

 

2. If you want. I can't think why you would be even thinking about doing that though as you only got your 489 last week.

 

3. It is possible to add subsequent entrants on this visa. If you are from a country with no welfare state and your parent genuinely relies upon you then they can be deemed a dependent. However why would you not have therefore included your father in the first place? What has changed? I suspect it will be difficult to argue that he is dependent now if he was not before. I don't understand the second part of this point, if your father is dependent upon you then where else would he live other than with you?

 

4. Again, if your father is dependent on you then why would he be living somewhere else?

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Guest dugles

Rupert ,

 

Thank you so much.

I have not included my father before because I thought they may not qualify the medical examination , as one fail all fail policy is implemented .

My brother is PR in MEL VIC so that why I thought that I can let my father enter based on 489 and will stay with my brother in VIC.

 

From your reply, the postcode 2620 is a designated area on IMMI web pages. So its clear now.

 

I am so happy to see the detailed response and is Sincerely thank you,

 

Thanks again

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If father is your dependant (and I have no idea whether he is) then he should have been declared as such and have satisfied the public interest criteria (medical examination and police clearances) even if not applying for a visa. You cannot fail to declare a dependant, for medical or any other reason. In cases where the DIAC find out that this has happened the usual response is a visa cancellation and under the new rules a long disqualification before another visa can be applied for.

 

I was recently (yesterday) consulted by another RMA who had advised a client not to include a person who was clearly not a dependant, but the client insisted and issued instructions - We might as well have a go - The non-dependent failed the medical examination. Now a case has to be made that the person was not a dependant at the time of the visa application and therefore should not have undertaken a medical examination.

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Guest dugles
If father is your dependant (and I have no idea whether he is) then he should have been declared as such and have satisfied the public interest criteria (medical examination and police clearances) even if not applying for a visa. You cannot fail to declare a dependant, for medical or any other reason. In cases where the DIAC find out that this has happened the usual response is a visa cancellation and under the new rules a long disqualification before another visa can be applied for.

 

I was recently (yesterday) consulted by another RMA who had advised a client not to include a person who was clearly not a dependant, but the client insisted and issued instructions - We might as well have a go - The non-dependent failed the medical examination. Now a case has to be made that the person was not a dependant at the time of the visa application and therefore should not have undertaken a medical examination.

 

Thank you so much .... Thanks a lot.

I will defiantly keep these points in mind for any future application.

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