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475 VISA obligations & how to get PR VISA 887 if we dont fullfill the VISA conditions


Manjuprince

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Hello Friends,

 

I am currently on 475 Regional Sponsored VISA by South Australia with conditions attached to my VISA(cannot Live/work/Study in Melbourne,Sydney,Brisbane).

 

To brief you again, I moved to Adelaide in 2012 April, since then I was looking for a job in my Nominated occupation (Software Engineer) but I have been unsuccessful in obtaining an opportunity due to none or least openings available matching my skill sets in South Australia. I have even met all the potential Job Consultants in Adelaide , but unfortunately all responses which I have received have been unsuccessful and de-motivating due to not meeting the expectations of employers in having Australian experience. This has been a long time search for me of nearly 10 months, which caused me emotional, financial and physical distress.

 

I have even tried for a Temporary / Casual job for my survival, but the outcome of the response was the same. I was in depression and finding really hard to support myself and my family in overseas. I had decided to write a letter to the SA gov to release from the state obligation and I was succeeded in getting the approval from the state to move to other states in Australia.I was moved in Jan 2013 to Victoria, Melbourne and got a casual job immediately after I moved from Adelaide and worked for about 1 year and now I am nearing to apply for my PR VISA(887 Subclass).

 

Please can someone help me to provide clear information for obtaining my 887 Permanent Resident VISA as I have not fullfilled my current 475 VISA conditions of working/living in regional area for 2years instead I lived for 10 Months but not worked for a single day in my sponsored state.Due to unforeseen circumstances I had to look for a job in other state for my survival(bread & butter) and I am completing 2 years of my stay in Australia in April 2014 and need to lodge my application for PR VISA(887 Subclass).

 

Please let me know the pros & cons in obtaining my PR VISA without having any trouble and I need some expert immigration advice in this forum to look into my current circumstances and help me to get the PR.

 

Regards,

Manjuprince

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I'm no expert but as I understand it, on a 475, your visa conditions require you to live and work in regional Australia or a low population growth metropolitan area (in any state - not necessarily your sponsoring state) for the duration of your visa.

 

In order to be eligible to apply for an 887, you must have lived in a designated regional area for 2 years (in any state - not necessarily your sponsoring state) and you must have worked full time in a regional area (again, doesn't matter which state) for at least 12 months. And, you must have complied with the conditions attached to your eligible visa (your 475).

 

Your 475 is valid for three years from:

 

 

  • the date the visa is granted, if you applied for the visa in Australia
  • the date you enter Australia, if you applied for the visa outside Australia.

 

 

So you would still have over a year to meet the residence and work requirements for an 887 application

 

HOWEVER...

 

If I've understood what you've written, you have spent the last year living and working in Melbourne, the vast majority of which is NOT in a regional Australia or a low population growth metropolitan area. Unless I'm mistaken (and I could well be), it seems that you may not have complied with your 475 conditions.

http://www.immi.gov.au/skilled/general-skilled-migration/regional-growth.htm#vic Regional Australia/low population growth metropolitan areas

 

You should consult and take advice from a good RMA.

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You shouldn't be worrying about getting PR right now, in fact you have no chance whatsoever.

 

Your 475 visa ONLY allows you to work in a regional area. It is not a condition that states you have to live and work in a regional area for two years whilst on this visa, you have to live in a regional area and you can only work in a regional area (it doesn't matter what state) for the entire time whilst you are on this visa. You surely knew you were not allowed to live and work in Melbourne?

 

The two year thing is about progressing to the next visa, it doesn't mean you only have to meet the conditions on this visa for two years (and you haven't even done that).

 

So no, you have much bigger problems than getting a PR visa, your more immediate problem is being in breach of your visa conditions and having your visa cancelled and getting deported, which is really a strong possibility. Professional assistance is required, your situation is very serious.

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