Secondary applicant on 489 visa - now separated

[Robbo]

Hi,

 

I am a secondary applicant on a 489 visa. I moved to Australia and the NT with my wife in August 2014 and we separated October 2015.

 

Being the secondary applicant I am looking for some advice on where I stand. I have spoken with variety of people and have been getting mixed responses.

 

On the 489 I was advised that I need to work for 12 months and remain in a regional area for 2 years. I have worked continuously since moving here and have lived in Darwin the whole time. My wife was working in Real Estate and this was on the skilled occupation list.

 

We have been separated for 10 months now and all is very amicable. My wife is still living in Darwin too. Where does this leave me in terms of my options for PR?

 

I have been told that although we are separated that this doesn't affect my application for PR. Is this true?

Do I need to have a job that is on the skilled occupation list even though the original application wasn't based on me?

What visa do I apply for if I can go ahead for PR?

I have moved my pension over from the UK and sold my house and have nothing there anymore. I didn't foresee that we would separate and am now unsure where to turn.

 

This has left me extremely confused and am seeking further guidance.

 

I would be grateful for any assistance you can offer me.

 

Many thanks,

 

Rob

[Leanne Stevens]

Hi Rob, it might pay for you to have a consultation with an agent about this. You should both independently be able to apply for 887 but you will both need to meet the criteria for primary applicants. Happy to chat if you would like to email me, leanne@emergico.com

[Robbo]

Thank you Leanne.

[SOMV]

Hi Rob,

 

First of all, as a 489 visa holder you need to make sure you continue to abide by the visa conditions (live and work and study - though this may not be relevant - in a regional area). But assuming that that is all fine, then as a 489 visa holder you have a few permanent visa options:

 

1) If you have a job and the employer wants to sponsor you for a permanent visa, you may be able to apply for one of the permanent employer sponsored visa options even before you have lived in a regional area for 2 years and qualify for the usual permanent visa pathway. Whether or not you can apply via this route will depend a lot on the job, on your employer, and your skills. But if, as you said, your occupation is not on the skilled list, this may well be problematic.

 

2) Once you have lived in a regional area for 2 years, and worked for at least 1 year fulltime within that 2 year period, you should be able to qualify for a permanent visa subclass 887. The requirements for this, in addition to the 2 years of living and 1 year of working, is that you also meet health and character requirements, like you had to do for the provisional visa. There is no requirement to be in any specific "skilled" occupation.

 

Hope that helps.

 

I guess if you have children then it will be up to you and your wife to decide which one of you will be including them in your application as secondary applicants.

[Pamela]

Hey robbo 

can you share your experience? Did you get your 887 visa ? 

Your answer will be highly appreciated as I am in same boat. 

Thanks 

[CeltInCaulfield]

As the thread is 18 months old, and the user only ever posted twice on the forum, it is unlikely they'll see this message.

[LizzyD]

Hi, I'm holding a 489 dependant visa. Things went wrong in our marriage and I'm planning to live separately (we haven't decided on a divorce yet). I would like help on 2 things:

 

1. Will my visa be revoked if we live separately (in different apartments)?

2. Will there be any issues while applying for 887 visa independently after completing 2 years of stay and 1 year of full time work (do not want to apply as a dependant anymore)?

3. Is it advisable that I move out of the country and apply for 491 visa instead?

Appreciate any help. Thank you.