489 to 887 visa - dependent visa

[mcshadders]

My wife and I have just been invited to apply for a 489 visa for Northern Territories. We had initially applied for a 190 but were refused on the grounds that they didn't think we were committed to staying within the NT. My wife has two daughters aged 21 & 19 who are both included on the application. Both girls are currently in full time education so qualify as dependents, however when the time comes to apply for our permanent visa - which I believe is 2 years, the girls will no longer be dependents and hopefully will be working within NT.

So my question is where does that leave my step daughters ?

Will they be able to apply for their own visas ?

Would they need to be in a job on the SOL list ?

Could they apply for their own 887 visa ?

Would they have to return to the UK ?

 

 

If any one has experienced a similar situation I would appreciate any advice. Our migration agent hasn't been able to give us a clear answer even after contacting the Australian Government.

We have until the 22nd of October to lodge our application but I have concerns about my family being split and whether the girls have a future in Australia.

 

 

McShadders

[lebourvellec]

Is your agent MARA registered??

 

Confused why NT would not approve the 190 sponsorship but will approve 489 sponsorship, as the Living and Working in Regional Australia condition applies to all Regional Areas of Australia.

 

From my understanding, if the girls are granted the 489 - they will be eligible for the 887 as a family unit or by themselves as a holder of a 489 visa.

 

Think you may be getting confused with 457 moving to PR visas. 489 is a provisional visa, not Temp visa like 457.

Edited August 31, 2013 by lebourvellec

[mcshadders]

Hi thanks for reply, unfortunately the 489 visa for NT requires us to live and work in that area for at least 2 years before we can apply for the 887. So by issuing the 489 instead of the 190 ( which is more flexible ) it ensures we remain in that particular area.

As for the girls I was thinking along the same lines, that they would be able to apply for their own 887 visa but it states in the eligibility section you must hold a 489 for 2 years as either the main applicant or spouse, no mention of grown up daughters!!!

Our migration agent is MARA registered but has been unable to get a definite answer from anyone. Hence my reason for posting was hoping someone might have had a similar experience.

So it looks we are going to have to take a risk and hope when the time comes regulations will be in our favour - if not we'll have to marry them off (ha ha)

cheers mcshadders

[lebourvellec]

The condition 8539 of the 489 is you must live and work in regional Australia (the NT can not make you stay in the state nor can they cancel your visa only by breaching the 8539 condition your visa can be cancelled by DIAC) , the visa does not specify the sponsoring state, you can change states but are suppose to request permission from sponsoring state and tell new state. There is no requirement in the eligibility for 887 that you must have lived and worked in the original sponsoring state, but it must be a regional postcode.

 

They migration regulations do not state that the primary applicant for the 887 must be the main or partner of main applicant as it does on the DIAC page.

 

 

"887.2—Primary criteria Note: The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria."

 

If your agent is MARA registered - they should be better at interpreting the migration regulations.

[Rupert]

I think it is NTs prerogative whether they sponsor for a 489 or 190 visa, they perhaps think there is perhaps a slightly better chance of the family sticking around on a 489.