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Dazspy

FIFO interstate work on a 489visa (partner)

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Hi there,

Next year we will (hopefully) be receiving our 489 visa for SA.

I came to Aus on a 457 visa a few years ago and worked Fly In Fly Out (FIFO) in Queensland. Made redundant we've returned to the UK and have just receives the invitation to apply for the 489 skilled state nominated visa.

My wife is the lead applicant for this. I have read the limitations for the 489 and they indicate that we will be expected/limited to working in the rural area (in this case anywhere in SA) with this visa. 

 

So here is the question.

If I work for a company whose Head Quarters are based in SA, but I work in both SA and say WA and or QLD in the field, would this be acceptable do you think?

My wife would not be 'bending' the visa location rules and would likely be fulfilling the intended economic invitation to work and settle in SA. 

Thanks for your time and input on this subject. 

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If the applicant who satisfied the primary criteria for the grant of the visa was nominated by a State or Territory government agency, condition 8539 must be imposed.

489.612 

If the applicant who satisfied the primary criteria for the grant of the visa was sponsored by a person, condition 8549 must be imposed.

489.613 

(1)  If condition 8539 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8539 must be imposed.

(2)  If:

(a)  an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

(b)  the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8539 has been imposed;

condtion 8539 must be imposed.

489.614 

(1)  If condition 8549 was imposed on the visa held at the time of application by the applicant who satisfied the primary criteria for the grant of the visa in the Second Provisional Visa stream, condition 8549 must be imposed. 

(2)  If:

(a)  an applicant is granted a Subclass 489 visa on the basis of satisfying the secondary criteria; and

(b)  the applicant who satisfied the primary criteria also holds another General Skilled Migration visa on which condition 8549 has been imposed;

condition 8549 must be imposed.

for more, search 8539 and 8549

Edited by wrussell
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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Yes, as long as you work in a regional area designated by postcode (see below link):

www.homeaffairs.gov.au/trav/visa-1/887-?modal=/visas/supporting/Pages/skilled/regional-post-codes.aspx

To be eligible for the permanent 887 visa down the track, you both need to have lived in a regional area for a period of 2 years, and worked for at least 12 months. Work can be in any occupation, not necessarily the one in your original 489 visa application. And you can obtain a release letter from the sponsoring State or Territory government if you can show a job offer interstate and can't find employment there.

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Lisa De Leon - Registered Migration Agent MARN 1170616

lisa@australianvisaoptions.com.au

www.australianvisaoptions.com.au

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28 minutes ago, wrussell said:

Some states have stopped issuing release letters. 

thats news, care to share the details of which ones you are aware of? As you know its a pretty hot topic round here. 

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Thank you for giving me the facts and some direct links to the resources, it is much appreciated. 

Incidentally, I must thank you for the responses and this community, it really does help to reduce the burden of responsibility on me, knowing I can have access to this great group of people. 

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1 hour ago, Nemesis said:

thats news, care to share the details of which ones you are aware of? As you know its a pretty hot topic round here. 

NSW for one.


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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13 hours ago, Dazspy said:

If I work for a company whose Head Quarters are based in SA, but I work in both SA and say WA and or QLD in the field, would this be acceptable do you think?

I don't know the legalities, but if you are hired by the SA company and recorded as employed at the SA office, then it would seem unreasonable to object if you were sent to other offices/locations to work from time to time.  Lots of people have to travel interstate as part of their duties. 

I suppose if you were officially employed in SA and then spent the next nine months working in WA, Immigration might have something to say.  But provided your official base is in SA and you're being sent out from there, 

  • Thanks 1

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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