Looking for similar. 489 visa holders who have not been able to (initially) enter Aus

[Dazspy]

Hello,

I am looking to appeal to the Aus immigration powers, to lay oit the scenario that we have found ourselves in and I thought there may be more power in numbers. 

So our visa went active August 2019 and we we arranged to move in May 2020. 

If you are in a similar situation you will know that the first entry date rule has been waived, but that doesn't stop us 'losing time' available to build up to apply for permanent residency. 

I have seen that recently there have been some concessions applied to assist (some) who have been in the country and not quite attained the full application requirements and it is my intention to try and make plain my/our issues and hope that some relevant consessions will be made to suit our circumstance. 

 

So, please only join in here if you fit this scenario. 

 

All the best

Darren

Edited October 5, 2020 by Dazspy

[VERYSTORMY]

I wish you look but wouldn't hold my breath. Don't forget Australia still has thousands of it's own citizens stranded abroad. 

[PickledRic]

5 hours ago, Dazspy said:

Hello,

I am looking to appeal to the Aus immigration powers, to lay oit the scenario that we have found ourselves in and I thought there may be more power in numbers. 

So our visa went active August 2019 and we we arranged to move in May 2020. 

If you are in a similar situation you will know that the first entry date rule has been waived, but that doesn't stop us 'losing time' available to build up to apply for permanent residency. 

I have seen that recently there have been some concessions applied to assist (some) who have been in the country and not quite attained the full application requirements and it is my intention to try and make plain my/our issues and hope that some relevant consessions will be made to suit our circumstance. 

 

So, please only join in here if you fit this scenario. 

 

All the best

Darren

I’m with you on this. I have a 491 visa which replaced the 489.

Was sold as a provisional visa, grants basically save rights as a permanent resident and is a pathway to PR.

Same process as applying for a 190 or 189 and same price.

I obviously understand the current situation and the restrictions and that citizens are struggling to return home. However, my concern is that time is ticking on my visa and I don’t trust that Australia won’t just turn around and tell us it’s a bit tough luck when we can’t fill the criteria and that’s thousands of pounds and a whole lot of time down wasted.

I feel really disgusted to be honest at how migrants have been treated with no inclination of when things might resume. It’s almost like they don’t give a crap that this is people’s whole lives. It’s really upsetting
 

So yes. Power in numbers.

Although budget is being announced tomorrow, maybe we’ll get a mention then but I’m not holding my breath.

Edited October 5, 2020 by PickledRic
Sp

[db100]

I'm in the same boat.  489 granted September 2019, validation trip in February and then planned to emigrate September 2020.  I've pushed that back to April 2021, I guess it's a waiting game to see if that happens or not. 

[Clare007]

In the same boat, 489 visa granted feb 2020, planned to emigrate September 2020. 

[db100]

I guess this is the section of the budget announcement relevant to us:

 

The Government will refund or waive the visa application charge (VAC) for temporary visa holders affected by the COVID-19 travel ban. Prospective Marriage, Pacific Labour Scheme and Seasonal Worker Programme visa holders will be able to access a VAC refund. Temporary skilled workers and visitor visa holders will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted. Working holiday makers will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted or otherwise be able to access a VAC refund. VAC refunds and waivers will be available to current visa holders who are unable to travel until the border reopens.

[Laxmi ammu]

Hi, 

Same boat here. Visa granted Oct 2019. Had planned to move by June 2020. Now one year on the visa is expired with this month. Frustrated that the govt has not mentioned anything about 489 / 491 visa holders yet.

[PickledRic]

On 07/10/2020 at 18:03, db100 said:

I guess this is the section of the budget announcement relevant to us:

 

The Government will refund or waive the visa application charge (VAC) for temporary visa holders affected by the COVID-19 travel ban. Prospective Marriage, Pacific Labour Scheme and Seasonal Worker Programme visa holders will be able to access a VAC refund. Temporary skilled workers and visitor visa holders will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted. Working holiday makers will be eligible to have the VAC for a subsequent visa application waived, to allow them to return to Australia once travel restrictions are lifted or otherwise be able to access a VAC refund. VAC refunds and waivers will be available to current visa holders who are unable to travel until the border reopens.

I get the impression the refunds won’t apply to the 489/491 visas as these aren’t technically temporary visas.

I find it hard to believe they will refund the £3500 I paid for the visa. I also don’t think I would be able to apply for a further skilled visa as it’s likely the skills list is going to change and I won’t be eligible. 
 

It’s all a bit of a shit show in my opinion. 

[db100]

I'm sure there will be a resolution in due course, I guess the priority at the moment is to give waivers etc to visa holders who are facing an immediate disadvantage or issue.

 

While a 489 leads to PR if we meet the residency and work requirements, it's listed as a temporary work visa on the DHA website.

[Dazspy]

Some good responses and well informed people, it kind of warms my heart a little just you know you all exist. 

The budget information is interesting, but not super relevant for me, as applying for a follow up visa feels like a stretch, since my wife and I turned 40 after this application. 

Hence why I would just like to lay our our collective situation to those in the position to make any adjustments they might see fit to. 

I've recently boned up on the use of bridging visas, assuming a close call appling for PR (2yrs residency and 12mnths work)

Darren

[paulhand]

51 minutes ago, Dazspy said:

Some good responses and well informed people, it kind of warms my heart a little just you know you all exist. 

The budget information is interesting, but not super relevant for me, as applying for a follow up visa feels like a stretch, since my wife and I turned 40 after this application. 

Hence why I would just like to lay our our collective situation to those in the position to make any adjustments they might see fit to. 

I've recently boned up on the use of bridging visas, assuming a close call appling for PR (2yrs residency and 12mnths work)

Darren

Bridging visas are only relevant If you are able to make a valid application onshore for a further visa. They don’t avoid any eligibility issues. 

[jo.b]

Hi - we're in the same boat (feels like the Titantic!).

Had our 489 visa granted in July 2019, planned to migrate July 2020. I'm hoping for some leeway/extensions to be granted at some point as I turn 46 this year and would no longer be eligible for the visa. 

It does feel like temporary visa holders have been forgotten on this. Checking news daily for updates and trying to keep optimistic.

Nice to know we're not alone. 

[Dazspy]

On 11/10/2020 at 18:33, paulhand said:

Bridging visas are only relevant If you are able to make a valid application onshore for a further visa. They don’t avoid any eligibility issues. 

Sure, you are right, but if we manage to complete the requirments to apply for the PR (887) visa I am possibly/likely to need a bridging visa while that application is processed (between 12-18months)

[lewisant48]

Yup, 489 granted December 2019. Didn't really know when i planned on coming out but was still here in the UK when Covid-19 hit and obviously still here now with the visa ticking down. Wanted freedom to travel about a bit before settling for 2 years with 1 year's full time but now it looks like if i do use this visa it will be the back end of it with very little room to travel etc and as somebody else said, being on a bridging visa after the 489 runs out probably.  

I was also the secondary applicant and we have separated so the situation in all just sucks for me.

The bright side is i've gained a good qualification and job from the 189 list a couple of years ago so there is hope for me to go a new route but the idea of starting again is quite painful.

Would like to know more about this VAC!

[lewisant48]

Just found this on the VAC. Doesn't apply to 489 and i guess that makes sense as my visa still has just over 3 years to run so refunding it would be mad!

[jo.b]

Hi All - I've just come across the following, which you may already be aware of, but it looks like they're amending the legislation on requirements for 489 visa holders on a 'would be' pathway to PR. The following https://www.legislation.gov.au/Details/F2020L01181/Explanatory Statement/Text goes way over my head and after reading it a couple of times I'm still none the wiser - maybe someone else will have more luck, but I was struck by the paragraph that read: 

The only active provisional visa is the Skilled-Regional Sponsored (Provisional) (Class SP) visa, which contains the Subclass 489 (Skilled-Regional (Provisional)) visa. The other provisional visas were repealed some years ago, and there are very few remaining holders of those visas. Those visas are included in these amendments for completeness and to ensure that no visa holder who may require a concession is overlooked.

So it does at least sound like 489 visa holders are being considered, even if I'm not sure what this still means for us!

They also talk about the concession period:

  (1)  The concession period is the period (the initial concession period) that:

                     (a)  commences on 1 February 2020; and

                     (b)  ends on a day specified by the Minister under subregulation (2).

So that's obviously ongoing and presumably they'll fill in the end date once things are back to some sense of normality.

Anyway the upshot of this is that I'm getting the feeling that concessions will be made to allow us to still apply for PR later down the road, but would be interested to hear your thoughts on this...any lawyers out there up for a bit of light reading?

 

[lewisant48]

Here you go guys There may be light!

[Dazspy]

Having read this

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

And waded/skimmed through the link that jo .b posted (the legal document) i think there is nothing new to offer.

And by that I think our situation is yet to be catered for. The big problem is that the consessions appear to be retrospective only, ir you HAVE to plan to leave the country to lodge your application, which is technically a possibility, but in reality not practical, assuming you have a life, jobs, schools on the go...

[lewisant48]

Hey guys. Is there any update on where we stand with our 489s? 

Considering going down the 189 route now since in the time i've been waiting for an answer on the 489 (the visa i actually have!) i've gained enough experience with a qualification for my job to go for a 189...

[Marisawright]

On 10/10/2020 at 23:46, PickledRic said:

I get the impression the refunds won’t apply to the 489/491 visas as these aren’t technically temporary visas.

I'm not sure that's true.   I always thought the 489/491 were a special category of visa - the word "provisional" was often used.  However in the current crisis, it's become clear that they are just plain ordinary "temporary" visas.  It has changed my view of them completely.  

[Marisawright]

6 hours ago, lewisant48 said:

Considering going down the 189 route now since in the time i've been waiting for an answer on the 489 (the visa i actually have!) i've gained enough experience with a qualification for my job to go for a 189...

Considering the alternative is to wait until you're eligible to transfer at the end of the 489, I'd say "go for it now".    Visas just get harder and harder with every year that passes, so why would you take the risk that your occupation comes off the list or something else changes to make you ineligible?  However I'd be going for a 190 as it's a lot easier to get, if you don't mind sticking to one state.  There's no point applying for a 189 unless you can score 90+ points.

[lewisant48]

23 hours ago, Marisawright said:

Considering the alternative is to wait until you're eligible to transfer at the end of the 489, I'd say "go for it now".    Visas just get harder and harder with every year that passes, so why would you take the risk that your occupation comes off the list or something else changes to make you ineligible?  However I'd be going for a 190 as it's a lot easier to get, if you don't mind sticking to one state.  There's no point applying for a 189 unless you can score 90+ points.

You're 100% right, of course a 190 would be better! Hey I may be being a bit dumb (my heads fried, Registered Manager in Care and tough day with Covid related document stresses!) what do you mean by "transfer at the end of the 489?"

[Marisawright]

7 hours ago, lewisant48 said:

You're 100% right, of course a 190 would be better! Hey I may be being a bit dumb (my heads fried, Registered Manager in Care and tough day with Covid related document stresses!) what do you mean by "transfer at the end of the 489?"

As you know, the 489 is provisional and you have to apply to transition to a PR visa at the end.  Auto-complete changed transition to transfer.

However I was reading somewhere else that states aren't offering the 190 much these days and are offering 190 applicants a 491 instead, so you could end up going round in a circle.  Your best bet, though I know it's a cost, is to book a consultation with a good migration agent (try Suncoast Migration or Go Matilda).  They're up to date with what's going on and can advise whether it's going to be worth it. 

If you're in a priority occupation, I'd be getting onto it pronto while they're still eager to bring health staff into the country.

[lewisant48]

On 27/01/2021 at 05:45, Marisawright said:

As you know, the 489 is provisional and you have to apply to transition to a PR visa at the end.  Auto-complete changed transition to transfer.

However I was reading somewhere else that states aren't offering the 190 much these days and are offering 190 applicants a 491 instead, so you could end up going round in a circle.  Your best bet, though I know it's a cost, is to book a consultation with a good migration agent (try Suncoast Migration or Go Matilda).  They're up to date with what's going on and can advise whether it's going to be worth it. 

If you're in a priority occupation, I'd be getting onto it pronto while they're still eager to bring health staff into the country.

Thanks for your advice! I'll give Go Matilda a shout as I've heard good things elsewhere too.

[jo.b]

Need somewhere to rant, so apologies in advance for this! Feel like I'm stuck in a vortex waiting for information about when they're going to reopen border and when they do, if they're going to add the time onto our visas that we've lost. 

I have a daughter in Year 7, who ended up at a different secondary to her entire primary school and all her friends because of catchment and the fact that we didn't think she'd be starting secondary school here and she hates it. Younger one desperate for a dog. And two parents who feel they've been having the same conversations and getting nowhere for the past 10 months!

It's beyond depressing. I'm struggling to give up on my dream of emigrating but it would be so easy right now to move, get my eldest into the school with her friends, get a dog and just get on with life. The expense of all that would eat into our Oz fund and then maybe we'd be too settled to go, and I know I'd always think 'what if?'

Sorry to not add anything positive to this thread but I know you're all in the same boat. I'm still scouring the internet daily. Vaccine rollouts sound promising but it's the frustrating lack of solid information to be able to base any decisions on that's seriously doing my head in!!!

That's me done. Would like to say I feel better now that's out, but I don't!! Didn't mean to drag you all down. Sorry :(