Jump to content

489 visa expiring Jan 2021 is there any way i can Emigrate?


lynney45

Recommended Posts

Hi my 489 state sponsored visa for South Australia if i do not arrive by January 2021 i will be unable to meet the two year work requirement criteria for PR as the visa expires in January 2022.  Is there any way i can emigrate before January?  Is the only solution to apply for an exemption to travel?  I am from the UK, (i work in software development).  

If a travel ban is in place until the end of the year my visa i will be unable to emigrate and meet the 2 year requirement for PR.  If i am not allowed to travel is there any way i can apply for an extension under the circumstances or apply for a reimbursement or partial reimbursement?  I have spent around 6k on this visa....

 

Thanks for any advice in advance....

Edited by lynney45
Link to comment
Share on other sites

It's an awful situation and there are apparently hundreds of people in your situation - many of them with established homes and even partners/children in Australia, but they are still not allowed entry because the 489 is classed as "temporary".    You can't get a travel exemption with a temporary visa unless you are in a critical occupation.  

The Prime Minister is on record as saying that people whose temporary visas expire will 'just have to apply for another visa" which shows an incredible lack of understanding of what's involved in getting a 489/491.

Edited by Marisawright
Link to comment
Share on other sites

Thanks for the reply Marisa, and the understanding.  I applied for an exemption as software engineer is on the critical skills list but i doubt it will be approved as i have no employer in Australia yet.  I just uploaded my previous employer reference, my java programming accreditation and my under grad and post grad degree certificates and emphasised that the visa will be redundant if i am unsuccessful with the exemption as i will be unable to meet the 2 year visa requirement for PR.  

Yeah i did read that statement from the PM and that's what has me spooked, i put so much work into this visa, financial expense, and above all dreamed of a life in Oz.... if the exemption is rejected it just wasnt meant to be....if only there was some sort of appeal process for an extension under the circumstances, it just feels like such an oversight....

Link to comment
Share on other sites

I was shocked when I discovered that the 489/491 was lumped in with other temporary visas.  Whatever the exact legal definition, those visas have always been presented as "provisional" rather than "temporary".  The idea (I thought) was that unlike other temp visas like the 482, where the government only grudgingly offers a possible pathway to PR, 489/491 visaholders had some certainty in their path to PR.   This virus has blown that out of the water, I must say.

Edited by Marisawright
Link to comment
Share on other sites

Oh no this is just so frustrating for you. My Daughter in same situation as you With 489visa, but come January She will have another 3 years left on her visa. Her and her family like many others are stuck in limbo. Hope you get here and keep us posted. 

Link to comment
Share on other sites

Morning guys, i just wanted to feedback that my exemption application was rejected just in case there is anyone in a similar situation:

 

Dear Paul

I refer to your request for an exemption from the current travel restrictions for travel to Australia. Your request was for the following travellers: 

Based on the information provided, your circumstances do not meet the requirements for referral to the Commissioner or delegate.  Whilst your occupation is on the Priority Migration Skills Occupation List, you do not have a current employment or an offer of employment in Australia.

You are still subject to the travel restrictions and, should you attempt to travel to Australia, you may be refused entry while those travel restrictions remain in force.

This assessment is against current COVID-19 travel restrictions and not your entitlement to a visa. It does not affect any future visa application which you may lodge. Any visa application will be assessed on the basis of information available at that time.

For further information on Australia’s travel restrictions, please refer to our website at: https://covid19.homeaffairs.gov.au/

Link to comment
Share on other sites

  • 2 weeks later...

Thank you so much JetBlast, your support and contribution to this forum is invaluable.  This might just be the lifeline i require, will need to study this thoroughly and speak with my MARA agent regarding the requirements and implications in my particular case.

thank you so much 🙂

Link to comment
Share on other sites

  • 3 weeks later...

Hi lynney45

Please could you let me know you get on this this after speaking with your agent? We're in a similar position, visa valid from July 2019 - July 2023. Currently still in UK. I'm already worrying that if we can't arrive by July 2021 I won't have enough time left on our visa to apply for PR 887.

Hope you get the answers you need.

Best wishes

Link to comment
Share on other sites

Hi Lynney45, 

We are also in the same situation, expires in Oct 2023. I think if we can enter australia before our visa expires. Then we could be able to apply for some visa concessions on shore. Hope the gov bring in some sort of visa extensions and more covid-19 concessions in coming months. 

The link above is something similar in the same direction but it is for people who have already made their entry to Australia and have worked and lived for some time. But now stuck outside and will lose on their application to PR. 

Regards 

Link to comment
Share on other sites

  • 4 weeks later...

Hi Laxmi and Jo.b extremely sorry to hear about your situations also.  Afraid i have nothing positive to report at this time, just keeping an eye on government announcements and news articles as to when international borders may reopen.  My only lifeline at this point is the concession that JetBlast shared, if the borders open in the first half of 2021 i am hoping i can leverage the concession.  If it's the second half of 2021 even the concession won't suffice as my visa will expire before i am able to do the 18 months.  I am surprised they haven't offered visa refunds or extensions under the circumstances.  Just staying patient for now and checking updates regularly.  If you guys hear any positive news on your end also, please do keep me posted.

Cheers and good luck!

Edited by lynney45
Link to comment
Share on other sites

  • 2 months later...
On 03/11/2020 at 18:16, lynney45 said:

Hi Laxmi and Jo.b extremely sorry to hear about your situations also.  Afraid i have nothing positive to report at this time, just keeping an eye on government announcements and news articles as to when international borders may reopen.  My only lifeline at this point is the concession that JetBlast shared, if the borders open in the first half of 2021 i am hoping i can leverage the concession.  If it's the second half of 2021 even the concession won't suffice as my visa will expire before i am able to do the 18 months.  I am surprised they haven't offered visa refunds or extensions under the circumstances.  Just staying patient for now and checking updates regularly.  If you guys hear any positive news on your end also, please do keep me posted.

Cheers and good luck!

Did you have any luck in the end? We are applying for exemption very soon and haven't read any positive cases really.

Link to comment
Share on other sites

1 hour ago, Craig Colas said:

Did you have any luck in the end? We are applying for exemption very soon and haven't read any positive cases really.

No luck sadly, i applied for exemption around late November and it was rejected.  My skills weren’t deemed critical enough to support the countries efforts and economic recovery during the pandemic.  Still none the wiser at this point months later.  The visa is starting to feel like scrap at this point, that’s my current sentiment.

Link to comment
Share on other sites

18 hours ago, lynney45 said:

No luck sadly, i applied for exemption around late November and it was rejected.  My skills weren’t deemed critical enough to support the countries efforts and economic recovery during the pandemic.  Still none the wiser at this point months later.  The visa is starting to feel like scrap at this point, that’s my current sentiment.

Yer i cannot imagine how you feel. We only just got our visa in December so have got plenty of time to get an exemption hopefully. It is a real shame they aren't offering any guidance on what will happen if you run out of time etc.

Link to comment
Share on other sites

  • 4 weeks later...
37 minutes ago, Skhush said:

I heard the borders will be closed until June 2021. those who are waiting to make first entry have to wait till June now. is there any official news on the same? 

I suspect it will be longer than that and there is no official guidance- other than the news that they intend to increase quarantine places, which suggests they still intend to keep things shut for quite some time. 

  • Like 1
Link to comment
Share on other sites

3 minutes ago, paulhand said:

I suspect it will be longer than that and there is no official guidance- other than the news that they intend to increase quarantine places, which suggests they still intend to keep things shut for quite some time. 

Not a good news to hear at all. I choose Australia over Canada and my friends who received there Canada visa same time when I got my 489 grant, they are now in Canada and I am still waiting with no alternate and no good news assumed this year as well :(. very disappointment with the approach of AUS.  started my process in March 2017, took 2 years to get grant in Nov 2019 and now waiting 2 years more to make entry which I assume will in 2022. almost 4 years gone and there is no way I will be able to fulfill criteria of 887 PR path. now if I change my mind and try for Canada that will be another 2 years of process time and shell out more money.

 

Link to comment
Share on other sites

We have our flight tickets booked this July (we need to enter before November so we can fulfil the 2-year residency requirement before our visas expire in 2023).

Does anyone think visa holders like 489 could be allowed to come to Australia by mid June 2021 (once this biosecurity travel ban is lifted)? I am following this thread for this glimmer of hope. 

Link to comment
Share on other sites

2 hours ago, Bamboo_lee said:

We have our flight tickets booked this July (we need to enter before November so we can fulfil the 2-year residency requirement before our visas expire in 2023).

Does anyone think visa holders like 489 could be allowed to come to Australia by mid June 2021 (once this biosecurity travel ban is lifted)? I am following this thread for this glimmer of hope. 

Based on what’s happened other the past 12 months I doubt it. 

Edited by JetBlast
Link to comment
Share on other sites

2 hours ago, Bamboo_lee said:

Does anyone think visa holders like 489 could be allowed to come to Australia by mid June 2021 (once this biosecurity travel ban is lifted)?

Absolutely no one has suggested that the travel ban will be lifted by June 2021.  

In January, Qantas opened up bookings for July 2021 and government officials warned it was premature to do so.  

Link to comment
Share on other sites

5 minutes ago, Marisawright said:

Absolutely no one has suggested that the travel ban will be lifted by June 2021.  

In January, Qantas opened up bookings for July 2021 and government officials warned it was premature to do so.  

Agreed. 
 

I suspect Qantas only opened up bookings to get some cash flowing. They will hold onto this money from bookings and refund it if they can’t honour the flight. By that point they will have money from future bookings. It will be cheaper than getting a loan. 

  • Like 2
Link to comment
Share on other sites

2 hours ago, JetBlast said:

Agreed. 
 

I suspect Qantas only opened up bookings to get some cash flowing. They will hold onto this money from bookings and refund it if they can’t honour the flight. By that point they will have money from future bookings. It will be cheaper than getting a loan. 

Very cynical view of Qantas's actions, but I suspect you are most likely correct!

Link to comment
Share on other sites

16 minutes ago, Ausvisitor said:

Very cynical view of Qantas's actions, but I suspect you are most likely correct!

In the same way that the only international flights they are operating are the government supported repatriation flights where they are permitted higher load factors than any other commercial operator operating into Australia, yet they are still charging premium prices.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...