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887 Visa - What's the update?


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Hey guys, just bit of question in certain circumstances when applying for permanent residency visa for my friend.

my friend could be able to be granted with regional sponsorship visa after gaining his working experience at the first workplace after graduation.

However, my friend was exploited and underpaid at his second workplace right before he was granted with regional area sponsorship visa and move to regional areas.

After he was granted with regional area sponsorship visa, he fulfilled all the requirement of the visa. And then, he applied for permanent residency visa. And he sent a letter of demand to his previous company and demanded the outstanding payment that his previous employer owed him.

but his previous employer threatened him by saying that he is going to cancel my friend's visa by reporting to the immigration department if he doesn't withdraw his demand and that my friend was the one who breached the previous visa conditions, which were all false claims.

So his migration agent uploaded the document explaining about his exploitation situation with his second workplace to prevent any adverse situation that might be happen.

He is wondering if there will be any negative effect on his visa application if his employer raise some false claims against him to immigration department.

And does he have to hire immigration lawyer who is more specialized in this area?

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1 hour ago, TakeItOnTheChin said:

I was giving my opinion, nothing else. It's a pity you had to get nasty about my post simply because you did not like the points raised. I suppose it is easy for someone like you to hide behind your keyboard and to be brave without really adding something constructive to the forum

That’s the point when some constructive things happen puppets like you come out and talk shit. Don’t give your preaching and stay away. People like you always find a reason to get away and put down whole team. Learn to stand first and have guts to question princess. 

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31 minutes ago, Nizam said:

That’s the point when some constructive things happen puppets like you come out and talk shit. Don’t give your preaching and stay away. People like you always find a reason to get away and put down whole team. Learn to stand first and have guts to question princess. 

Again full of nasty unnessesary comments in your post. If you look at my history you will see my positive info sharing on this forum. You hide behind your keyboard, but I bet you would be unable to have a real conversation with me man to man. I won't be going anywhere and will continue to support this forum

Edited by TakeItOnTheChin
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Hello Everyone.
Good news to share with everyone.
Application Date: 18 NOV 2018.
887 VISA Grant : 21 FEB 2020.
Direct Grant. Family of two.
Please keep calm. It's a waiting game.
Thanks.
Silent follower.
Great news at end of the day. Bringing hope for December people. We want to see more grant.

Sent from my CPH1871 using Tapatalk

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3 hours ago, memphis said:

Hey guys, just bit of question in certain circumstances when applying for permanent residency visa for my friend.

my friend could be able to be granted with regional sponsorship visa after gaining his working experience at the first workplace after graduation.

However, my friend was exploited and underpaid at his second workplace right before he was granted with regional area sponsorship visa and move to regional areas.

After he was granted with regional area sponsorship visa, he fulfilled all the requirement of the visa. And then, he applied for permanent residency visa. And he sent a letter of demand to his previous company and demanded the outstanding payment that his previous employer owed him.

but his previous employer threatened him by saying that he is going to cancel my friend's visa by reporting to the immigration department if he doesn't withdraw his demand and that my friend was the one who breached the previous visa conditions, which were all false claims.

So his migration agent uploaded the document explaining about his exploitation situation with his second workplace to prevent any adverse situation that might be happen.

He is wondering if there will be any negative effect on his visa application if his employer raise some false claims against him to immigration department.

And does he have to hire immigration lawyer who is more specialized in this area?

Employers  are not f***ing immi to cancel his visa and they can’t  exploit worker with pays and entitlement it’s not employers pocket contribution, it is an award wages act by fair work  commissions.

 

If your friend fulfil all the conditions and applied pr he doesn’t need to worry. Only the person need to worry is the employers to caught on wage theft.

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Employers  are not f***ing immi to cancel his visa and they can’t  exploit worker with pays and entitlement it’s not employers pocket contribution, it is an award wages act by fair work  commissions.
 
If your friend fulfil all the conditions and applied pr he doesn’t need to worry. Only the person need to worry is the employers to caught on wage theft.
18 November got his grant, you could be next mate.

Sent from my CPH1871 using Tapatalk

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19 hours ago, TakeItOnTheChin said:

I appreciate your constructive response. Although I do not agree with everything, I do however agree that this is causing angst and stress for many applicants. I am always positive that everyone on this forum will eventually get a positive result and that the processing time will eventually settle to something more reasonable

Well I wasn’t hoping to convince anyone. I just wanted to put up my stand point. Also, it is not a brainer that everyone will get their PR eventually. The point is, they’ve ruined all our plannings and they don’t care. The first time I applied the processing time was six months. So you can imagine how far we have come. But never mind, the reason why we are being treated this way is because we don’t want to raise our voices. If you’re happy to wait for an indefinite time period, be my guest. 

Edited by Angry Coder
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47 minutes ago, Angry Coder said:

Well I wasn’t hoping to convince anyone. I just wanted to put up my stand point. Also, it is not a brainer that everyone will get their PR eventually. The point is, they’ve ruined all our plannings and they don’t care. The first time I applied the processing time was six months. So you can imagine how far we have come. But never mind, the reason why we are being treated this way is because we don’t want to raise our voices. If you’re happy to wait for an indefinite time period, be my guest. 

Relax mate, I am on your side!

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3 hours ago, Angry Coder said:

Well I wasn’t hoping to convince anyone. I just wanted to put up my stand point. Also, it is not a brainer that everyone will get their PR eventually. The point is, they’ve ruined all our plannings and they don’t care. The first time I applied the processing time was six months. So you can imagine how far we have come. But never mind, the reason why we are being treated this way is because we don’t want to raise our voices. If you’re happy to wait for an indefinite time period, be my guest. 

I understand your pain mate. I’m feeling same as it’s been 15 months for me as well. We should initiate a talk with solicitors and lawyers and who interested can put money . I saw many people mate spying for immigration so be careful with such faggots. Thanks 

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Well I wasn’t hoping to convince anyone. I just wanted to put up my stand point. Also, it is not a brainer that everyone will get their PR eventually. The point is, they’ve ruined all our plannings and they don’t care. The first time I applied the processing time was six months. So you can imagine how far we have come. But never mind, the reason why we are being treated this way is because we don’t want to raise our voices. If you’re happy to wait for an indefinite time period, be my guest. 

 

Please let us know how much the legal fee will be. I believe a lot of people are willing to contribute. Thank you so much for contacting the lawyer and no matter what, at least we try, and with legal action, they must respond and cannot just ignore us.

 

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My assumptions why immigration is increasing processing time for 887 visa.

 

This are all my assumptions.

 

We can see in the FOI report about 887 visa refusals, there were about 415 applications got rejected till August 2018 from June 2010. Although, the number is not minimal. However, the immigration might found out in that 415 cases atleast 350 application are breaching the visa conditions on 489 visa by living in Metro. DHA might felt this thing is not working out. And during the 2019, federal elections, David Coleman(immi minister), Peter Dutton and Scot Morrison delebrately promotes that regional visa holder are moving to cities after their PR approved. However, they didn’t provide any source from where they obtained the information. 

 

The aforementioned scenarios must have discussed before scrapping 489 visa and introducing 491 visa. They made it very strict on 491 visa. By scrapping 489 visa and introducing the stricter regional conditions on 491 visa must have solved their assumptions problems. However, increasing the 887 visa processing time is causing problems to people lives. 

 

I’m a single applicant and having good job. And I lodged my 887 visa as soon as I finished my 2 years as there is 2 years more left on 489 visa. However, when I’m reading posts when people are expressing they are on bridging visas for a year or year and half with the families my tears started rolling out. Only time has the answers how things will shape out in future.

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Here is one more theory about 887 visa processing time.

 

I was closely watching 189 (New Zealand stream) processing time for the last 4-5 months. If you see the processing in January for 189 (NZ stream) it is 75% applications - 9 months and 90% applications - 13 months.

 

If you see the Feb processing time for the same subclass , due to low number of applications there is no processing time. 

 

In one complete financial 2019-20year, 189 (NZ stream) applications assumptions are 4000 to 5000 ( Source from ISCAH immigration)

 

If you see the requirement for the 189 (NZ stream) an applicant must reside in Australia for 5 years and must have earned for 5 years 53k$. To check Tyne information for 5 years they are processing faster. When it comes to 887 visa it’s just 2 years stay and 1 year employment still they take ages. They are just doing delevrately.

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Australia needs skilled migrants why can’t they hire skilled Case officers. 

 

This is some serious discussion about requesting documents.

 

I’m pretty sure any 887 visa applicant will try to upload as many payslips as he can and upload maximum docs for work exp and stay. 

 

Why can’t they call the company the person worked and check wether he worked or not. It just 5 to 10 minutes call. The ATO is now interlinked with the immigration. Why can’t they verify docs from them directly. I’m not saying an applicant should take care of anything. When the immigration has plenty of sources why are not they utilising throughly.

 

And regarding stay in regional Australia 

 

If someone who is living in the states SA, NT, TAS, why are they keep on requesting further docs regarding the stay. The complete state is a regional. Why can’t they use commonsense to make the decision.

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6 hours ago, March9th2019 said:

Australia needs skilled migrants why can’t they hire skilled Case officers. 

 

This is some serious discussion about requesting documents.

 

I’m pretty sure any 887 visa applicant will try to upload as many payslips as he can and upload maximum docs for work exp and stay. 

 

Why can’t they call the company the person worked and check wether he worked or not. It just 5 to 10 minutes call. The ATO is now interlinked with the immigration. Why can’t they verify docs from them directly. I’m not saying an applicant should take care of anything. When the immigration has plenty of sources why are not they utilising throughly.

 

And regarding stay in regional Australia 

 

If someone who is living in the states SA, NT, TAS, why are they keep on requesting further docs regarding the stay. The complete state is a regional. Why can’t they use commonsense to make the decision.

 

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We have already completed 19 months but  now my wife is going overseas with two kids for four months next week  as her father is just diagnosed with cancer.

i am the only main applicant who will be onshore only.

now my decision will be delayed and not sure how Pre grant works

if any knows about him pre grant please let me know 

thanks   

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49 minutes ago, DANISH RAZA said:

We have already completed 19 months but  now my wife is going overseas with two kids for four months next week  as her father is just diagnosed with cancer.

i am the only main applicant who will be onshore only.

now my decision will be delayed and not sure how Pre grant works

if any knows about him pre grant please let me know 

thanks   

I can imagine it is a very tough time for you and your family. I guess if you will get the grant you will receive a letter by saying that you have received a pregrant. Come back to Australia and you will receive a full grant. I have heard that people have received a grant after coming back to Australia in 1 week, 25 days, 2 months etc.

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On 2/21/2020 at 6:22 PM, memphis said:

Hey guys, just bit of question in certain circumstances when applying for permanent residency visa for my friend.

my friend could be able to be granted with regional sponsorship visa after gaining his working experience at the first workplace after graduation.

However, my friend was exploited and underpaid at his second workplace right before he was granted with regional area sponsorship visa and move to regional areas.

After he was granted with regional area sponsorship visa, he fulfilled all the requirement of the visa. And then, he applied for permanent residency visa. And he sent a letter of demand to his previous company and demanded the outstanding payment that his previous employer owed him.

but his previous employer threatened him by saying that he is going to cancel my friend's visa by reporting to the immigration department if he doesn't withdraw his demand and that my friend was the one who breached the previous visa conditions, which were all false claims.

So his migration agent uploaded the document explaining about his exploitation situation with his second workplace to prevent any adverse situation that might be happen.

He is wondering if there will be any negative effect on his visa application if his employer raise some false claims against him to immigration department.

And does he have to hire immigration lawyer who is more specialized in this area?

I saw this information shared by DHA's facebook page a short time ago , I believe even if your mate breached work conditions , if you approach the fair work ombudsman and seek help they have arrangement with immi for some sort of immunity , i think the government is more worried about an employer who had exploited migrants in the past and possibly do it in the future than worrying about a single migrant who steps forward and complains about something that is not lawful , since your friend has not breached his conditions he has nothing to worry about but the employer have many things to worry about now on top of wage theft they will also be investigated for blackmailing your friend with threatening to cancel his visa by possibly creating bogus documents , i believe it's best to lodge a complaint with ombudsman therefore even if they try to get your friend in trouble the immi will see that there is a complaint against the employer with the ombudsman and they are being investigated for exploitation of migrant , seeking professional lawyers help is the best option

Fair Work OmbudsmanLike Page

FACT: If your boss is underpaying you and threatening to cancel your student visa because you’ve worked more than you should have, we can help you.

Remember, only the Department of Home Affairs can cancel visas. We have an arrangement with Home Affairs to encourage workers who are being exploited to get our help – even if they’ve breached their student visa conditions.

Under this arrangement, your temporary visa will not be cancelled if you:

✅had an entitlement to work as part of your visa
✅believe you have been exploited at work
✅have reported your circumstances to us
✅are actively assisting us in an investigation.

This applies as long as you commit to abiding by your visa conditions in the future and where there is no other basis for visa cancellation (such as national security, character, health or fraud grounds).

Find out more: https://www.fairwork.gov.au/find-…/visa-holders-and-migrants

Edited by trx
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5 hours ago, KC01 said:

I can imagine it is a very tough time for you and your family. I guess if you will get the grant you will receive a letter by saying that you have received a pregrant. Come back to Australia and you will receive a full grant. I have heard that people have received a grant after coming back to Australia in 1 week, 25 days, 2 months etc.

Thanks 

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