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    Thread: 887 Visa - What's the update?


    1. #8391

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      Good day mates!

      Just new on this forum and had some clarifications as I am about to apply for 887 Visa from 489.

      My situation is:

      - my wife was the primary applicant and I am dependent on the 489 visa.
      - we arrived 14th of Sept 2013 here in Adelaide
      - stayed in friends house for around 9 months initially before renting a house.
      - I got full time work since Jan 2014 but my wife just had some casual work until few months ago

      So, we are about to achieve the 2 years stay here in SA by next week but its me who will be able to fulfill the 1yr full time work. Now to apply 887, it would be me who will be the primary applicant.

      My questions are:
      - I tried to create an account to https://online.immi.gov.au/ and created an application for Onshore General Skilled Migration categories /Skilled Regional (Class VB, subclass 887) but after filling up all my details and passport etc I get an error...

      The following errors have been encountered:
      • 1. You do not hold a valid prerequisite visa to enable use of this service.



      - Do I need to wait for completing the 2 years before I could proceed? We also tested to input my wife's details on another application but seems to proceed fine without the error but I afraid that will be as if she is the primary applicant.

      Anybody who had same situation as mine could shed light and some information. Thanks in advance guys.

      jk

    2. #8392

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      Welcome to the forum Hijk. Your first few posts will need to be ok'd by a moderator before they are ok'd as we've had some spam issues. :-)
      hijk likes this.
      Is a mummy!

    3. #8393

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      Quote Originally Posted by hijk View Post
      Good day mates!

      Just new on this forum and had some clarifications as I am about to apply for 887 Visa from 489.

      My situation is:

      - my wife was the primary applicant and I am dependent on the 489 visa.
      - we arrived 14th of Sept 2013 here in Adelaide
      - stayed in friends house for around 9 months initially before renting a house.
      - I got full time work since Jan 2014 but my wife just had some casual work until few months ago

      So, we are about to achieve the 2 years stay here in SA by next week but its me who will be able to fulfill the 1yr full time work. Now to apply 887, it would be me who will be the primary applicant.

      My questions are:
      - I tried to create an account to https://online.immi.gov.au/ and created an application for Onshore General Skilled Migration categories /Skilled Regional (Class VB, subclass 887) but after filling up all my details and passport etc I get an error...

      The following errors have been encountered:
      • 1. You do not hold a valid prerequisite visa to enable use of this service.



      - Do I need to wait for completing the 2 years before I could proceed? We also tested to input my wife's details on another application but seems to proceed fine without the error but I afraid that will be as if she is the primary applicant.

      Anybody who had same situation as mine could shed light and some information. Thanks in advance guys.

      jk
      according to immigration lawyers if the spouse of the main applicant for a 489, who also holds a 489 as the secondary application, meets to the 2 year residence and 1 year work requirement, can become the main applicant for an 887.

      but i think u should consult an agent who knows about the immigration law mate. all the best
      hijk likes this.

    4. #8394

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      Quote Originally Posted by hijk View Post
      Good day mates!

      Just new on this forum and had some clarifications as I am about to apply for 887 Visa from 489.

      My situation is:

      - my wife was the primary applicant and I am dependent on the 489 visa.
      - we arrived 14th of Sept 2013 here in Adelaide
      - stayed in friends house for around 9 months initially before renting a house.
      - I got full time work since Jan 2014 but my wife just had some casual work until few months ago

      So, we are about to achieve the 2 years stay here in SA by next week but its me who will be able to fulfill the 1yr full time work. Now to apply 887, it would be me who will be the primary applicant.

      My questions are:
      - I tried to create an account to https://online.immi.gov.au/ and created an application for Onshore General Skilled Migration categories /Skilled Regional (Class VB, subclass 887) but after filling up all my details and passport etc I get an error...

      The following errors have been encountered:
      • 1. You do not hold a valid prerequisite visa to enable use of this service.



      - Do I need to wait for completing the 2 years before I could proceed? We also tested to input my wife's details on another application but seems to proceed fine without the error but I afraid that will be as if she is the primary applicant.

      Anybody who had same situation as mine could shed light and some information. Thanks in advance guys.

      jk

      Hi

      You can be Primary Applicant for sure for your 887.you should read previous posted of this forum.you still have 7-8 day to file the case...just go through posts of this forum.that will guide you how to proceed.
      hijk likes this.

    5. #8395

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      Thank you!! will try my best to back read as much as I can on this thread. But if anybody has some ideas or know someone with same situation as Im in...would be really a big help! Thanks!!

      some more questions bothering my mind:

      - which police clearance I need to get
      - do I need IELTS as I did not took IELTS when we applied for 489 and it was only my wife.

      hijk

    6. #8396

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      Quote Originally Posted by hijk View Post
      Thank you!! will try my best to back read as much as I can on this thread. But if anybody has some ideas or know someone with same situation as Im in...would be really a big help! Thanks!!

      some more questions bothering my mind:

      - which police clearance I need to get
      - do I need IELTS as I did not took IELTS when we applied for 489 and it was only my wife.

      hijk
      Hi Mate
      U need Federal Police Clearence of australia for u and ur wife both which u can easily obtained by applying online on AFP website.And also(m Not sure) u need your home country PCC but that in case only if either u or ur spouse ever been to your Home country in that 2 years.
      Also for your help, just read the following:
      Thanks

      Here is an outline of the applicable subclass 887 regulations with some explanatory notes that answer your questions:

      887.1 Interpretation

      887.111

      [887.111 substituted by SLI 2010, 297 with effect from 01/01/2011

      (1) In this Part:


      specified regional area, for an applicant who applies for a Subclass 887 visa, means a part of Australia identified in accordance with subclause (2) or(3).


      (2) If an applicant applies for the Subclass 887 visa on the basis of having held:

      (a) a Skilled Designated Area-sponsored (Provisional) (Class UZ) visa; or
      (b) a Skilled (Provisional) (Class VC) visa that is subject to condition 8549; or
      (c) a Skilled (Provisional) (Class VF) visa that is subject to condition 8549; or
      (d) a Subclass 475 (Skilled Regional Sponsored) visa in relation to which:
      (i) the application for the visa was made on or after 1 July 2010; and
      (ii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and
      (iii) the visa was granted on the basis that the requirements of subclause 475.222(3) were satisfied; or
      (e) a Subclass 487 (Skilled Regional Sponsored) visa in relation to which:
      (i) the application for the visa was made on or after 1 July 2010; and
      (ii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; and
      (iii) the visa was granted on the basis that the requirements of subclause 487.225(3) were satisfied; or
      (f) a Skilled Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8549;
      [(f) inserted by SLI 2012, 82 with effect from 01/07/2012]
      a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6701 of Schedule 6 or was a designated area.
      [Schedule 6 omitted by SLI 2012, 82 with effect from 01/07/2012]
      (3) If an applicant applies for the Subclass 887 visa on the basis of having held:

      (a) a Skilled Independent Regional (Provisional) (Class UX) visa; or
      (b) a Skilled (Provisional) (Class VC) visa that is subject to condition 8539; or
      (c) a Skilled (Provisional) (Class VF) visa that is subject to condition 8539; or
      (d) a Subclass 475 (Skilled Regional Sponsored) visa in relation to which:
      (i) the application for the visa was made on or after 1 July 2010; and
      (ii) in making the application, the requirements of subitem 1228(3A) of Schedule 1 were satisfied; and
      (iii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or
      (e) a Subclass 487 (Skilled Regional Sponsored) visa in relation to which:
      (i) the application for the visa was made on or after 1 July 2010; and
      (ii) in making the application, the requirements of subitem 1229(3A) of Schedule 1 were satisfied; and
      (iii) the visa was granted in the period starting on 1 July 2010 and ending on 31 December 2010; or
      (f) a Skilled Regional Sponsored (Provisional) (Class SP) visa that is subject to condition 8539;
      [(f) inserted and following amended by SLI 2012, 82 with effect from 01/07/2012 - LEGEND note]
      a specified regional area is a part of Australia that, at the time at which a visa of that kind was first granted to the applicant, was specified by the Minister in an instrument in writing under item 6A1001 of Schedule 6A or item 6D101 of Schedule 6D.
      [SLI 2012, 82 Sch 1 item [110] purported to add or item 6D101 of Schedule 6D to 887.111(3) - the ComLaw compilation does not incorporate the amendment as there was an error in the instruction: it said after for item 6A1001 of Schedule 6A insert - the word 'for' is not used in the provision rather 'under' - applying the "slip rule" the amendment is incorporated in LEGEND]


      887.2 Primary criteria


      Note The primary criteria must be satisfied by at least 1 applicant. Other applicants who are members of the family unit of the applicant who satisfies the primary criteria need satisfy only the secondary criteria.



      887.21 Criteria to be satisfied at time of application


      887.211

      The applicant meets the requirements set out in subitem 1136(7) of Schedule 1.

      887.212

      The applicant must have lived in a specified regional area for a total of at least 2 years as the holder of 1 or more of the following visas:
      (a) a Skilled Independent Regional (Provisional) (Class UX) visa;
      (b) a Skilled Designated Area-sponsored (Provisional) (Class UZ) visa;
      (c) a Subclass 475 (Skilled Regional Sponsored) visa;
      (d) a Subclass 487 (Skilled Regional Sponsored) visa;
      (e) a Skilled Regional Sponsored (Provisional) (Class SP)) visa;
      [(e) substituted/inserted by SLI 2012, 82 with effect from 01/07/2012]

      (f) a Bridging A (Class WA) visa, or a Bridging B (Class WB) visa, that was granted on the basis of a valid application for:
      (i) a Skilled Independent Regional (Provisional) (Class UX) visa; or

      (ii) a Skilled (Provisional) (Class VC) visa; or
      (iii) a Skilled Regional Sponsored (Provisional) (Class SP) visa.

      887.213

      The applicant must have worked full-time in a specified regional area for a total of at least 1 year as the holder of 1 or more of the visas mentioned in clause 887.212.


      887.22 Criteria to be satisfied at time of decision


      887.221

      (1) While the applicant was the holder of:

      (a) a Skilled Independent Regional (Provisional) (Class UX) visa; or

      (b) a Skilled Designated Area-sponsored (Provisional) (Class UZ) visa; or
      (c) a Subclass 475 (Skilled Regional Sponsored) visa; or
      (d) a Subclass 487 (Skilled Regional Sponsored) visa; or
      (e) a Skilled Regional Sponsored (Provisional) (Class SP) visa;
      the applicant must have substantially complied with the conditions to which that visa is or was subject.

      (2) While a person included in the application (other than the applicant) was the holder of:

      (a) a Skilled Independent Regional (Provisional) (Class UX) visa; or
      (b) a Skilled Designated Area-sponsored (Provisional) (Class UZ) visa; or
      (c) a Subclass 475 (Skilled Regional Sponsored) visa; or
      (d) a Subclass 487 (Skilled Regional Sponsored) visa; or
      (e) a Skilled Regional Sponsored (Provisional) (Class SP) visa;
      that person must have substantially complied with the conditions to which that visa is or was subject.

      887.223

      The applicant:
      [(a) amended by SLI 2012, 256 with effect on and from 24/11/2012]

      (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and
      (b) if the applicant had turned 18 at the time of application satisfies public interest criterion 4019.

      887.224

      The applicant satisfies special return criteria 5001, 5002 and 5010.

      87.225

      Each member of the family unit of the applicant, who is also an applicant for a Subclass 887 visa, is a person who:

      (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010 and 4020; and
      (aa) if the applicant had turned 18 at the time of application satisfies public interest criterion 4019; and
      (b) satisfies special return criteria 5001, 5002 and 5010.

      887.226

      Each member of the family unit of the applicant, who is not an applicant for a Subclass 887 visa, is a person who:

      (a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
      (b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

      887.227

      If a person (the additional applicant):
      (a) is a member of the family unit of the applicant; and

      (b) is less than 18; and
      (c) made a combined application with the applicant;
      public interest criteria 4015 and 4016 are satisfied for the additional applicant.

      887.228

      Grant of the visa would not result in either:
      (a) the number of Subclass 887 visas granted in a financial year exceeding the maximum number of Subclass 887 visas, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year; or
      (b) the number of visas of particular classes (including Subclass 887) granted in a financial year exceeding the maximum number of visas of those classes, as determined by the Minister in an instrument in writing for this paragraph, that may be granted in that financial year.

      887.3 Secondary criteria


      Note These criteria must be satisfied by applicants who are members of the family unit of an applicant who satisfies the primary criteria.



      887.31 Criteria to be satisfied at time of application


      87.311

      The applicant is a member of the family unit of a person who satisfies the primary criteria in Subdivision 887.21 and made a combined application with that person.

      887.32 Criteria to be satisfied at time of decision


      87.321

      The applicant continues to be a member of the family unit of a person who, having satisfied the primary criteria, is the holder of a Subclass 887 visa.


      87.322

      The applicant:

      [(a) amended by SLI 2012, 256 with effect on and from 24/11/2012 - LEGEND note]
      (a) satisfies public interest criteria 4001, 4002, 4003, 4004, 4007, 4010, 4020 and 4021; and
      (b) if the applicant had turned 18 at the time of application satisfies public interest criterion 4019.

      87.323

      The applicant satisfies special return criteria 5001, 5002 and 5010.

      87.324

      If the applicant is less than 18, public interest criteria 4017 and 4018 are satisfied in relation to the applicant.
      887.4 Circumstances applicable to grant


      87.411

      The applicant must be in Australia when the visa is granted.


      Note The second instalment of the visa application charge must be paid before the visa can be granted.


      87.5 When visa is in effect

      87.511

      Permanent visa permitting the holder to travel to and enter Australia for 5 years from the date of grant.


      887.6 Conditions: Nil.


      ************************************************** *****************
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    7. #8397

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      Quote Originally Posted by hijk View Post
      Thank you!! will try my best to back read as much as I can on this thread. But if anybody has some ideas or know someone with same situation as Im in...would be really a big help! Thanks!!

      some more questions bothering my mind:

      - which police clearance I need to get
      - do I need IELTS as I did not took IELTS when we applied for 489 and it was only my wife.

      hijk
      https://afpnationalpolicechecks.converga.com.au/
      That link helps u in filing AFP of australia online.

      Thanks
      hijk likes this.

    8. #8398

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      Hi

      I have the same situation....in this case you cant do online application. you have to go for paper base application. fill the form 1276 (that is for visa 476) but ignore that and this form have to submit with all document. that i advised from immigration department. you can send by post of of email to them on skilled.support@border.gov.au

      thanks

    9. #8399

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      thanks for the reply guys...I'll check those references and link for the Police Certificate application.

      Hi Hental, may I ask when did you filed yours? Did your Permanent Visa was already granted?
      Im a bit confused why you need to fill out the form for visa 476 where as isnt it we should be applying for 887 visa?

    10. #8400

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      Quote Originally Posted by hijk View Post
      thanks for the reply guys...I'll check those references and link for the Police Certificate application.

      Hi Hental, may I ask when did you filed yours? Did your Permanent Visa was already granted?
      Im a bit confused why you need to fill out the form for visa 476 where as isnt it we should be applying for 887 visa?
      Hi
      If u want answer of any of your query other than to find or ask in blogs, the simply way to send an email today at skilled.support@border.gov.au
      and mention your concern and everything and u will get a reply in 2 days..Thanks to Hetal and Sanjeev Kathuria who helps people of this blog by providing this kind of important mail id.
      Thanks
      Last edited by KRAZZY10; 09-09-2015 at 05:53 AM.
      hijk likes this.

     

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