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Moving state on a 489


laurahair

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Hi I'm just wondering has anyone been on a 489, did the required 2 years and applied for the 887 and then left the nominated state and still got there 887.

I did my 2 years in the NT applied for the 887 and then moved to Queensland. A migration agent had told me when applying for my 489 that I could do this so this was always my plan.

I have only been here for 2 months and have not worked yet, but I did change my address on the immi application.

Yesterday I applied to study online and I got a call from the college saying I am violating my visa conditions and cannot study outside of the NT.

I have rang the NT migration who refered me to department of immigration. I called them twice today with different questions. One person saying I need to live and work in a specific postcode in Qld and another saying once I submitted my 887 immigration won't ask for any info post my 2 year commitment.

Has anyone done the same and what was your outcome. Tia

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I don’t know the correct answer to your question, but yes, while on paper you’ve completed your 2 years in NT and are technically eligible to apply for PR- it’s state sponsored PR and you’ve already moved. Sponsoring states want people who are committed to the state, and it looks like you’ve run off as soon as you could. 
I don’t see how the NT would sponsor you for PR when you aren’t in the NT, and have shown that you have no intension of residing there. 
 

According to this website which appears to have registered migration agents, it says you must abide by the conditions of the 489 up until your PR visa is granted. One of the conditions is while you are in Australia you and any dependants must be living, working and/or studying in the nominating state. 
It also says not abiding by these conditions will affect you when you come to apply for PR. 

https://www.seekvisa.com.au/489-visa-to-pr/

I’d look to speaking to a Mara registered agent to see if you can move forwards from here. 

Edited by Wonderingaloud
Forgot to include link
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Oh and don’t rely on the immigration helpline for advice, they are notorious for bad advice, as they are simply telephone operators and have no training the complexity of immigration matters. They have landed a lot of people in huge messes where their advice has been taken as gospel. 
If you need advice, they should tell you to speak to a registered migration agent, and the reply is the same if you were ever to complain.

Immi website specifically says if you need assistance you should ONLY speak to a MARA registered agent. I also suspect somewhere in the small print that they won’t hold themselves liable for any bad advice given by telephone operators.

Edited by Wonderingaloud
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Similar to the 190 visa, you make a commitment to the sponsoring state when you ask them to sponsor you.  Whether this is a 2-year commitment or for the duration of the 489, I don't know.  However the 489 visa itself doesn't (I don't think) have any condition that says you must remain in the sponsoring state.

However the 489 does require that you only live/work/study in a regional post code, so as long as you haven't moved to Brisbane or the Gold Coast, you may be fine.  Until the 887 is granted, you must abide by the conditions of the 489.

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Thank you for your replies and advise.
I got in touch with a mara migration lawyer and she said it's ok that moved from the NT after the 2 years. But I still need to be in the specific postcode classed as regional until my 887 comes through. So I have signed a new lease in sunshine coast and am leaving gold coast.
She also said because I haven't worked in the gold coast that I should get away with it.
Fingers crossed the visa will all go to plan from here.

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  • 1 year later...
On 19/12/2019 at 21:34, laurahair said:

Thank you for your replies and advise.
I got in touch with a mara migration lawyer and she said it's ok that moved from the NT after the 2 years. But I still need to be in the specific postcode classed as regional until my 887 comes through. So I have signed a new lease in sunshine coast and am leaving gold coast.
She also said because I haven't worked in the gold coast that I should get away with it.
Fingers crossed the visa will all go to plan from here.

Hi Laurahair

Just iqnterested in knowing if you got your PR with no hustles. I am in the same situation now

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On 19/05/2021 at 12:14, Wadho said:

Hi Laurahair

Just iqnterested in knowing if you got your PR with no hustles. I am in the same situation now

Hi @Wadho

I got my pr in June last year after applying the previous September. I got a call from them asking to resubmit my police certificate as I uploaded it in the wrong format, I was approved straight away. No other questions asked. Good luck with yours. We ended up staying in the sunshine coast after getting PR 🙂 

 

 

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1 hour ago, laurahair said:

Hi @Wadho

I got my pr in June last year after applying the previous September. I got a call from them asking to resubmit my police certificate as I uploaded it in the wrong format, I was approved straight away. No other questions asked. Good luck with yours. We ended up staying in the sunshine coast after getting PR 🙂 

 

 

Hi @laurahair

Thank you for the response and good to hear that you got your PR with no issues. Just another question, did you end up pursuing the online study. I am enrolled with a WA uni but doing my studies online and I am based in Sunshine coast Qld.

I will be eligible to apply for my 887 in August, when I checked with a mara agent, they said online study is not considered a breach, but after reading your post I got curious as to why the college told you its a breach.

I hope this won't be a breach on my side.

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On 22/05/2021 at 13:06, Wadho said:

Hi @laurahair

Thank you for the response and good to hear that you got your PR with no issues. Just another question, did you end up pursuing the online study. I am enrolled with a WA uni but doing my studies online and I am based in Sunshine coast Qld.

I will be eligible to apply for my 887 in August, when I checked with a mara agent, they said online study is not considered a breach, but after reading your post I got curious as to why the college told you its a breach.

I hope this won't be a breach on my side.

I did complete my online studies. Once I moved to the sunshine coast which was considered regional for my 489 visa they accepted my enrollment. 

When I first enrolled I had just moved to the Gold coast so the college could see that I was in breech of my postcode regional area for the 489. 

You should be all good though if you are living in the Sunshine coast that is considered regional. Good luck with your PR 

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