887 Visa - What's the update?

[santo446]

33 minutes ago, Mahalakshmi said:

Hi,

Applied 31/01/2020

I received mail from CO Cynthia stating that we lack the number of days to fulfil the commitment. We stayed in SA for 706 days, but she asks for 730 days proof. She mentioned

"4.2 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."

Obviously, she didn't consider the holidays. We have to respond within 28 days. Anybody experienced this before? Kindly advise.

Thanks,

 

@Mahalakshmi have u mentioned the holidays in form -80 ?

[Mandy]

5 hours ago, DVR said:

Haven't you called them and verified ? What did they tell you ? 

How can i call brother can u give me any contact no????two  month ago visa officer ask me to provide new afp pcc and english test i m already upload new docs .....

[Mandy]

3 hours ago, wng said:

Hello @Mandy, the current wait time is between 16-21 months. As you have applied in February 2018. this well over the waiting period of 21 months. It may be good to give them a tinkle. Provide a suggestion/feedback first. Otherwise, you can lodge a complain via your IMMI account. Hope something positive comes your way soon.

Hi actually i was applied 887 thorugh immigration agent how can i complaint pls guide me

[DVR]

1 hour ago, Mahalakshmi said:

Hi,

Applied 31/01/2020

I received mail from CO Cynthia stating that we lack the number of days to fulfil the commitment. We stayed in SA for 706 days, but she asks for 730 days proof. She mentioned

"4.2 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."

Obviously, she didn't consider the holidays. We have to respond within 28 days. Anybody experienced this before? Kindly advise.

Thanks,

 

What do you mean you stayed in SA for 706 days ? Did you go on holidays ? (travel or metropolitan area) or did you apply only after 706 days ? 

[Mahalakshmi]

2 minutes ago, DVR said:

What do you mean you stayed in SA for 706 days ? Did you go on holidays ? (travel or metropolitan area) or did you apply only after 706 days ? 

I went for holidays to India for 2 weeks in 2018  and 4 weeks in 2019. 

Edited July 30, 2020 by Mahalakshmi

[santo446]

2 minutes ago, Mahalakshmi said:

I went for holidays to India for 2 weeks in 2018  and 4 weeks in 2019. 

@Mahalakshmi have u mentioned the holidays in form -80?

[Mahalakshmi]

[Meee]

14 minutes ago, Mahalakshmi said:

Looks like she HAS deducted the holidays. Dont know friend. Now i am worried about my case too which is quite similar to yours

Edited July 30, 2020 by Meee

[DVR]

1 minute ago, Meee said:

Looks like she HAS deducted the holidays. Dont know friend. Now i am worried about my case too which is quite similar to yours

Yes, There are a lot of people who have the similar issue .. But I think you have to contact an agent ..Further, see below grant couple of days back.. CO(s) have not counted 60 days, 
 

[santo446]

3 minutes ago, DVR said:

Yes, There are a lot of people who have the similar issue .. But I think you have to contact an agent ..Further, see below grant couple of days back.. CO(s) have not counted 60 days, 
 

@DVR i am guessing she might not have mentioned the travel details in form-80 section 18

[Mahalakshmi]

Just now, santo446 said:

@DVR i am guessing she might not have mentioned the travel details in form-80 section 18

We have already mentioned all the travel details.

[TAS887]

21 minutes ago, Mahalakshmi said:

Email back and say 4 weeks annual leave is also part of the stay.

you have spent approx 748 days.

you have no holiday for more that 4 weeks in a year unless you went to another area in Australia and they have proof for that

 

[Hanna]

To my understanding it’s permitted to travel for 4 weeks in a 12 month period (to match the annual leave component in Australia). The moment you were off shore for more than that it wouldn’t count as “holiday” (your case shows that you were off shore for more than that during 12 months period). Also, if you’re not employed in that time or paying rent it doesn’t support your case as to be a “holiday” only. Consult an agent and if not sure you’d have to withdraw the application and reapply because if your visa gets refused then 887 will no longer be an option.

[Mahalakshmi]

9 minutes ago, Hanna said:

To my understanding it’s permitted to travel for 4 weeks in a 12 month period (to match the annual leave component in Australia). The moment you were off shore for more than that it wouldn’t count as “holiday” (your case shows that you were off shore for more than that during 12 months period). Also, if you’re not employed in that time or paying rent it doesn’t support your case as to be a “holiday” only. Consult an agent and if not sure you’d have to withdraw the application and reapply because if your visa gets refused then 887 will no longer be an option.

I got paid during my holidays and I had paid rent and utility bills during those days.

Edited July 30, 2020 by Mahalakshmi

[DVR]

9 minutes ago, Mahalakshmi said:

I got paid during my holidays and I had paid rent and utility bills during those days.

Yes, I think you should consult an agent, probably the only option I see is withdrawing the application and re-applying again; if you have given the correct details on the application.. 

[Hanna]

I got paid during my holidays and I had paid rent and utility bills during those days.

I feel for you mate but you were still away more than 4 weeks in total during 12 months which then calculates the entire time as off shore. It might be that this caused a problem in the system. I would still comment by saying that to your understanding paid annual leave isn’t calculated as off shore but consult a professional as well if you get further inquiries.

[DVR]

6 minutes ago, Hanna said:

I feel for you mate but you were still away more than 4 weeks in total during 12 months which then calculates the entire time as off shore. It might be that this caused a problem in the system. I would still comment by saying that to your understanding paid annual leave isn’t calculated as off shore but consult a professional as well if you get further inquiries.

Ohh .. hold on .. I just read it .. you were away for 29 days in 2019?

[Meee]

4 minutes ago, DVR said:

Ohh .. hold on .. I just read it .. you were away for 29 days in 2019?

Ohh... that means 1 day more than 4 weeks which is 28 days?

[DVR]

1 hour ago, Mahalakshmi said:

Can you double-check how may days you were away from April-2019 to May 19 ? I believe it is more than 28 days .. 

[DVR]

53 minutes ago, TAS887 said:

Email back and say 4 weeks annual leave is also part of the stay.

you have spent approx 748 days.

you have no holiday for more that 4 weeks in a year unless you went to another area in Australia and they have proof for that

 

Yes, I think this is the best answer for this one...You can email them and say 4 weeks annual leave.  If you have spent no more than 28 days in 2019

[TAS887]

40 minutes ago, DVR said:

Can you double-check how may days you were away from April-2019 to May 19 ? I believe it is more than 28 days .. 

that is a good catch there. normally we look at month to month basis 

[Hanna]

Yes, I think this is the best answer for this one...You can email them and say 4 weeks annual leave.  If you have spent no more than 28 days in 2019

Departure day is considered as offshore already. The only thing they can do is to say it was all a paid leave so that the CO would perhaps waive those 1-2 days or argument that both travels were done in 2 separate financial years although within 12 month period. It would be up to the CO though. Rules clearly say the main applicant can’t be offshore for more than 28 days during a 12 month period. I am truly hoping they have a reasonable CO that would see those 1-2 days over the limit isn’t a big deal and is a matter of interpretation of their rules.

[DVR]

6 minutes ago, Hanna said:

Departure day is considered as offshore already. The only thing they can do is to say it was all a paid leave so that the CO would perhaps waive those 1-2 days or argument that both travels were done in 2 separate financial years although within 12 month period. It would be up to the CO though. Rules clearly say the main applicant can’t be offshore for more than 28 days during a 12 month period. I am truly hoping they have a reasonable CO that would see those 1-2 days over the limit isn’t a big deal and is a matter of interpretation of their rules.

Thanks @Hanna, Where does it says "Rules clearly say the main applicant can’t be offshore for more than 28 days during a 12 month period" ?

[887pos]

4 hours ago, TAS887 said:

Sorry m8 I dont have much info about that, but One of my friend told me that if less than 6 months get a letter from GP saying medically your child is fit so you dont have to do medicals.

Someone with more info could help you much better.

How old is your child?  

Thanks for the info. Actually the baby is not born yet. The due date is a few months away. I am just planning all documentation so I can add baby into application as soon as born.

Cheers 

[santo446]

12 minutes ago, DVR said:

Thanks @Hanna, Where does it says "Rules clearly say the main applicant can’t be offshore for more than 28 days during a 12 month period" ?

yeah, it just says short trips and no one knows how long is that duration.