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489 to 887 visa 2 years requirement update?


Kevin Kim

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Hi, I recently noticed that the immigration website change a few words for the 887 visa 2 years residence requirement. 

It used to be a written as 

 

You must currently hold either:
1) a 
skilled visa (487, 489 or 495)
2) a Bridging visa A or Bridging visa B that was granted in relation to an application for a subclass 487, 489 or 495.


You must have held a skilled visa at some time for at least two years before you apply for the visa.

 
Hence, I assume that everyone know that we should stay at least for 2 years from the day grant of 489 visa. 
 
Now, however since the website being reformed, it is  written as
 
 
An eligible visa means either:
1) a subclass 489, 495, 496, 475 or 487 visa, or
2) a Bridging visa A or Bridging visa B, after having made a valid application for a subclass 489, 495 or 487 visa


 You must have held an eligible visa for at least a total of 2 years before you apply for a Skilled Regional (subclass 887) visa.
 

For me, it sounds like the bridging visa time also can be counted for the 2 years requirement, am  I wrong? 

 

I sent a few inquiry about these changes to migrate agents, but they have given me the different answers, so not sure which agents are correct.

 

If anyone lodged the 887 visa application by counting his/her bridging visa time, I will appreciate if you share your experience with me. 

 

As it took 7 months to grant my 489 visa, so it is crucial information for me to get PR at the earlier stage.  

 

Cheers 

 

 

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On 14/12/2018 at 14:54, CivCdn said:

Good catch, would interpret it the same as you.

Yes, you can also refer to the legislation regarding the 887 visa. It clearly written same as the current website. 

The legislation remains same as before, but the immigration website has been updated by changing a few words. 

I think that now the immigration noticed about the issue and rectify the words and sentences more clearly because it had created lots of confusion to the potential candidates before. 

From some time for at least two years to for at least a total of 2 years

They used the term of 'total', which convinced me that my guess is a reasonable. 

If it imply 489 visa only, they would not use the 'total'. 

None of the agent explain about this change, rather they just keep insisting that bridging visa time does not include. 

Anyway, I will see my friend's case and will update the information here shortly. 

 

 

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  • 3 weeks later...
2 hours ago, Hngu15 said:

I had to wait 2 years to apply for the 887... I attempted to apply for it right after getting my 489 but it said I didn’t meet the requirements 

Maybe thats because You must have held an eligible visa for at least a total of 2 years before you apply for a Skilled Regional (subclass 887) visa.

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On 14/12/2018 at 14:27, Kevin Kim said:

For me, it sounds like the bridging visa time also can be counted for the 2 years requirement, am  I wrong? 

It depends on what the bridging visa was for.

On 14/12/2018 at 14:27, Kevin Kim said:

I sent a few inquiry about these changes to migrate agents, but they have given me the different answers, so not sure which agents are correct.

Because it will depend on the specific situation, it is unlikely that you will receive a definitive answer without an assessment of your specific situation.

On 14/12/2018 at 14:27, Kevin Kim said:

If anyone lodged the 887 visa application by counting his/her bridging visa time, I will appreciate if you share your experience with me. 

You should not rely others experiences as A) the Regulations may have changed from when they applied and B) the answer will vary depending on your specific situation.

On 20/12/2018 at 23:52, Kevin Kim said:

The legislation remains same as before, but the immigration website has been updated by changing a few words. 

Do not rely on the Immigration website as this is just a summary and not always directly reflective of the actual Regulations.

On 20/12/2018 at 23:52, Kevin Kim said:

None of the agent explain about this change, rather they just keep insisting that bridging visa time does not include. 

Again, bridging visa time may be included in some circumstances, depending on the specifics of each case.

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  • 3 months later...

Same situation. I've read the 1994 immi act that in volume 5, chapter 887.212 (see the attached picture), and it mentions the bridging visa related to skilled visa like 489 is Ok. In my case, I've held the 485 working visa and applied for 489 visa in Oct 2017 and a bridging visa had been granted then. So I was holding the 485 and a bridging visa related to 489 at the same time. I plan to apply for 887 visa in Oct 2019 (2 yrs living and working).  Will share with you guys in later this year and 2020 when I get some reply from the CO.

WechatIMG2067.jpeg

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  • 4 weeks later...

Hi A.LE.X

Did you apply the 887 after 2 years from the date you applied 489? Did you get any outcome? I am also wondering whether I can apply after 2 years of lodgement of 489?

Thank you 

Kind regards

AAni

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Hi AAni

No, I didn’t.

The tricky thing is 2 yrs living and 1yr working can start from the lodge date of 489 but we have to wait for 2 yrs to apply after we hold the 489 visa. 

 

It means that it’s easy for you to fulfill the living and working requirement. But you still have to wait until you’ve held the 489 visa for 2yrs.

Good luck,

Alex

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  • 8 months later...
  • 2 weeks later...
On 24/02/2020 at 15:53, wokeuplikediss said:

Hi there,

 

Just wondering that, would holiday leave be deducted in the process of counting residency?? I am on 489 since last year and planning to go on holiday for 4 weeks. Would that timing be included in the period of 'living in a regional area'? 

 

 

Yes, basically 4 weeks are considered as annual leave per year which is including your residency timeline, so you don't have to waste extra 1 month to apply for 887. 

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