489 to 887 visa - Time Out Of Regional Area?

[JetBlast]

Hello,

I am due to to apply for my 887. One of the requirements is living in a regional area for 2 years. I was under the impression that you would just start counting the 2 years from the date you started living in the regional area. Any temporary time out of the area (a holiday in my case) wouldn’t matter as you are still technically residing in the state.

However I have just spoken to someone who has advised that you need to discount any holiday time from that 2 years tally. Apparently an agent had advised them of this. I am not sure how true this is. 

I was wondering if someone can clarify please?

Thanks 

Edited May 4, 2021 by JetBlast

[Ausvisitor]

22 hours ago, JetBlast said:

Hello,

I am due to to apply for my 887. One of the requirements is living in a regional area for 2 years. I was under the impression that you would just start counting the 2 years from the date you started living in the regional area. Any temporary time out of the area (a holiday in my case) wouldn’t matter as you are still technically residing in the state.

However I have just spoken to someone who has advised that you need to discount any holiday time from that 2 years tally. Apparently an agent had advised them of this. I am not sure how true this is. 

I was wondering if someone can clarify please?

Thanks 

It is absolutley true that any time outside of Australia does not count, so if say you went for a 2 month holiday to Florida but spent all the rest of the time in Australia, then you would need to wait 2 years and 2 months before you reach the magic mark.

For time out of a regional area I think it is more difficult to prove you were not in the regional area (out of the country your details are updated within immigration to say you are out of the country)

Your real issue comes with "how long" if you've really been "playing the system" and renting a room in the regional area but also really living in Sydney then you probably have an issue. If however you lived in a regional area and have done a few long weekend trips to the larger cities then this I would consider is just normal living

Note - I'm not a migration agent, so I may be wrong

[JetBlast]

18 minutes ago, Ausvisitor said:

It is absolutley true that any time outside of Australia does not count, so if say you went for a 2 month holiday to Florida but spent all the rest of the time in Australia, then you would need to wait 2 years and 2 months before you reach the magic mark.

For time out of a regional area I think it is more difficult to prove you were not in the regional area (out of the country your details are updated within immigration to say you are out of the country)

Your real issue comes with "how long" if you've really been "playing the system" and renting a room in the regional area but also really living in Sydney then you probably have an issue. If however you lived in a regional area and have done a few long weekend trips to the larger cities then this I would consider is just normal living

Note - I'm not a migration agent, so I may be wrong

 I thought this was for Citizenship. There doesn't seem to be a calculator or anything for the 887 like there is for citizenship.

 

I have just found this, written by a Migration Agent. It seems to support my understanding holidays will not be deducted from the 2 year residence. My holiday was less than 4 weeks.

Quote

Shorter periods where the applicant has travelled outside the specified areas (other parts of Australian or overseas) will not result in a breach of their conditions or be subtracted from their 2 years if it is no more than 4 weeks duration for each year. The total of 4 weeks is permitted to match the annual leave component in Australia. Short travels for holidays will not be considered a cessation of residence. 

https://www.australiavisa.com/immigration-news/from-a-489-to-a-887-visa/

[calNgary]

1 hour ago, JetBlast said:

 

I have just found this, written by a Migration Agent. It seems to support my understanding holidays will not be deducted from the 2 year residence. My holiday was less than 4 weeks.

https://www.australiavisa.com/immigration-news/from-a-489-to-a-887-visa/

I think this info you found is probably correct,,, i have just had a google and found similar -

 'Shorter periods where the applicant has travelled outside the specified areas (other parts of Australian or overseas) will not result in a breach of their conditions or be subtracted from their 2 years if it is no more than 4 weeks duration for each year. The total of 4 weeks is permitted to match the annual leave component in Australia. Short travels for holidays will not be considered a cessation of residence. For example, in Mateo’s case, his stay in the UK was only for 4 weeks during his annual leave. If you have travelled back home and stayed there longer than 4 weeks at one stretch or more than 4 weeks during a 12 month time span, it would be wise to lodge the 887 visa application at a later date to make up more residency time in Australia.'

[JetBlast]

1 hour ago, calNgary said:

I think this info you found is probably correct,,, i have just had a google and found similar -

 'Shorter periods where the applicant has travelled outside the specified areas (other parts of Australian or overseas) will not result in a breach of their conditions or be subtracted from their 2 years if it is no more than 4 weeks duration for each year. The total of 4 weeks is permitted to match the annual leave component in Australia. Short travels for holidays will not be considered a cessation of residence. For example, in Mateo’s case, his stay in the UK was only for 4 weeks during his annual leave. If you have travelled back home and stayed there longer than 4 weeks at one stretch or more than 4 weeks during a 12 month time span, it would be wise to lodge the 887 visa application at a later date to make up more residency time in Australia.'

Thanks for the reply. 
 

I think that quote is literally the same thing as I found.

 

it might be good to get a second opinion or source. Although I’m not overly worried. A holiday is pretty normal. 
 

Thanks again. 

Edited May 5, 2021 by JetBlast

[paulhand]

10 hours ago, JetBlast said:

The Department’s view on the matter is:

“Periods spent outside a specified regional Australia

In considering whether an applicant has been living in a specified regional area for at least two years case officers should note that short holidays during which the applicant visits a metropolitan city or travels overseas, do not detract from a period of residence.

For example, an applicant produces evidence that they have resided in a specified regional area from October 2005 until the time they apply for an 887 visa in November 2007. During that period they spent three weeks in 2006 and a further three weeks in 2007 travelling overseas. As this length of absence is not inconsistent with continuing to reside in a specified regional area the applicant satisfies 887.212.”