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Gylfi

489 to 887 PR with State Sponsorship

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Hi Guys

I am new on here and a little overwhelmed with the volume of information so apologies if this has already been covered.

As a management accountant with 65 points and about to turn 45 this year I am running out of options, the only one I am aware of being 489 state sponsorship from NT. 

If I am successful can I still live for 2 years and work for 1 year in, say South Australia which is classed as a regional area, and still satisfy the requirements of the 887 without having ever lived in NT?

I am unclear whether the obligation to live and work in your sponsored state is a moral or statutory requirement to obtain permanent residency later on?

My biological clock is ticking so any help would be greatly appreciated 🙂

Cheers

 

 

 

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No. It used to be much more lax, but states are now being serious about it and people are getting visas cancelled for visa fraud for failing to live in the sponsoring state. 

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Yikes, thanks for the reply.

Didn't realise it was getting so serious and I hadn't heard of visa's being cancelled :-(

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The question it will boil down to is: “Did you have an intention of moving to NT at time of your application/your arrival?” 

If one applied to a region knowing full well they wouldn’t live there, then that’s not good. Also not fair to those who don’t just apply to an area other than the one they desire, for the sole reason of  getting into the country.

Besides, two years there is nothing - especially considering this may be your only option due to age.

 

 

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On 22/01/2019 at 03:30, Gylfi said:

As a management accountant with 65 points and about to turn 45 this year I am running out of options, the only one I am aware of being 489 state sponsorship from NT. 

If I am successful can I still live for 2 years and work for 1 year in, say South Australia which is classed as a regional area, and still satisfy the requirements of the 887 without having ever lived in NT?

I am unclear whether the obligation to live and work in your sponsored state is a moral or statutory requirement to obtain permanent residency later on?

At the moment, it's a moral obligation only, so theoretically you could get away with what you propose. However, as others have said, the states are heartily sick of sponsoring people, only to find they never turn up.   We've heard whispers that NSW has started cancelling such visas, though some people question whether the states have a legal right to do so. 

Whether it's true or not, the bad news is that it's likely to be true by the time you get here. There is a groundswell of public anxiety about the number of migrants crowding into our major cities, so the government is talking about making it compulsory for new migrants to stay in their sponsored region for at least two years, or their visa will be cancelled.  The current government may not last long enough to pass the legislation - but given the public mood, I think it's likely the new incumbent would implement it anyway.


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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I would also comment - as I am looking at a NT 489 visa sponsorship - that if I was part of the governing body, I wouldn't be happy if I put all the effort into sponsoring someone for them to not even help the local community.  If you don't intend to live in the NT then your commitment you have to submit would essentially be all lies.  And that isn't cool. 

Darwin is not that bad a city! And 2 years will fly by and then you can move where-ever 🙂 Good luck! 

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On 17/02/2019 at 01:26, Marisawright said:

At the moment, it's a moral obligation only, so theoretically you could get away with what you propose.

This might be the case for the 190 but not for the 489/887. It is an actual requirement to work in your specified area and meet the conditions of the requisite visa

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-887

You must
hold an eligible visa
have lived for at least 2 years and worked full time for at least 1 year in a specified regional area
have complied with the conditions of the eligible visa you hold or have held

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Posted (edited)
8 hours ago, JetBlast said:

This might be the case for the 190 but not for the 489/887. It is an actual requirement to work in your specified area and meet the conditions of the requisite visa

https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-887

You must
hold an eligible visa
have lived for at least 2 years and worked full time for at least 1 year in a specified regional area
have complied with the conditions of the eligible visa you hold or have held

Point me to the condition that states one must live and work in the nominating region. A 489 holder has to lived in ANY of the following regions to be eligible for a 887: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-887/regional-postcodes

 

Now, does the moral obligation made to that region at the time of application come into play during a citizenship application if those are leaving without permission? That’s the key question.

 

I guess an interesting thing is that one region goes as far as saying that a release letter is not required. http://www.rdani.org.au/skilled-migration/skilled-regional-nsw-sponsorship.php

 

Morally, think it would still boil down to whether or not one intended to work and live ina region for two years at the time of application/grant.

Edited by CivCdn

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37 minutes ago, CivCdn said:

Point me to the condition that states one must live and work in the nominating region. A 489 holder has to lived in ANY of the following regions to be eligible for a 887: https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/skilled-regional-887/regional-postcodes

 

Now, does the moral obligation made to that region at the time of application come into play during a citizenship application if those are leaving without permission? That’s the key question.

 

I guess an interesting thing is that one region goes as far as saying that a release letter is not required. http://www.rdani.org.au/skilled-migration/skilled-regional-nsw-sponsorship.php

 

Morally, think it would still boil down to whether or not one intended to work and live ina region for two years at the time of application/grant.

What about that word “specified”?


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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Posted (edited)
11 hours ago, Marisawright said:

What about that word “specified”?

That refers to those regions specified in the table I had quoted. The 489 grant letter does not mention anywhere the region that sponsored the visa, only that the holder must have lived in a specified low population growth area.

 

Look up the condition imposed on the 489, condition 8539.

Edited by CivCdn

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Even if there is a loophole (not saying there is) it doesn't mean it should be abused.

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6 hours ago, JetBlast said:

Even if there is a loophole (not saying there is) it doesn't mean it should be abused.

Yup, unfortunately too many already have used it for the sole purpose of entry into the country without any intention of living in the sponsored state. This is why some states are now hesitant to issue a 190 over a 489.

 

 

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Darwin is great place to live try it
We’ve just done our 2 years & applied for PR in February

We were conscious of doing our 2 years in the NT so we ticked all boxes

When you apply for your 489 visa you have to do a commitment statement for the NT

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