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489 Legal Question


Barbie

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Hi All

I have a question concerning where I am allowed to work on a 489 visa. I understand that to meet the requirements of the visa, I need to live for two years in a regional area and work for one year in a regional area. Once I have done both of these, I can move to a metropolitan area and apply for PR. I have four years from inception of the visa to achieve this.

My question is whether I am allowed to work for a period of time FIRST in a Metropolitan area, then work in a Regional area. My logic, in the four years I can work in a regional area for one year and then spend three years working in a Metro area (this is perfectly legitimate on the visa). Would it be legal however, to work in a metro area for a year first, for example and then move to a regional area?

My reasoning for this question is that currently I am in South Africa and looking for reasonable work in my line is difficult to find in Regional areas. So what I was hoping I could do, was to find a job in a Metro area and move to Australia (and hopefully live in a regional area and commute to work). Once I am there, I can then look for work in a Regional area (or see if I can move with the company I am with). This would allow me to meet the requirements of the visa in the four year period and looking for work in a Regional area when I am in Australia should be easier.

Please understand I am NOT asking if I could get away with this without the Australian Government finding out :whome: . That is possibly probable, but I am not prepared to take any chances with my visa. Once I leave South Africa, I don’t want to have to come back because I messed up on a technicality :blush: .

Thanks for the input. :)

Edited by Barbie
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No you could not do that in my understanding.

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Hi everyone!

I was wondering. We are also applying for an 489.

Question: ok, Rudi can work for one year in the designated areas (regional) and live 2 years then applying for the PR.

Will I also be able to work? I am only the dependent on the visa to come......... It will be a bummer if only he will be able to work and not me to help with the income?

any answers on that?

thanx

trix

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Hi Trix

You are allowed to work, but fall under the same requirements. So you would also only be able to work in a regional area.

Jordy and Crisplet, thanks for the responses. Unfortunately not what I wanted to hear, but I will continue looking. Otherwise plan B would be to change what I do slightly, earn less but be in the right place.

If anyone else has a different view, please let me know.

Thanks.

Edited by Barbie
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Hi Barbie,

I would also like to know the aswer to this question from a legal perspective.

Our visa although a 489 has 'Visa conditions - Nil' The immi site does not make their point clear as it states this is a 4 year visa and in order to obtain PR via 887 visa you must have lived in a Regional area for 2 years and also have worked for 1 year in a Regional area, out if the 4 years they give you to obtain PR.

We thought if we cannot find work like you in a Regional area we would also go to Brisbane first and get Aussie experience for 1 year then hopefully move on. This would of course be our last resort as we dont really want to move kids schooling for the next 3 years as the older 2 will be in year 10 and 11 next year.

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They quite strick with the conditions as this couple found out..http://www.dailymail.co.uk/news/article-2281642/British-couple-deported-Australia-years--living-wrong-suburb.html

I just want to say I read it as you are invited to live and work in Australia. You must live in a regional area for 4 years until PR is granted. You must have worked for at least one year. I don't see it saying anywhere that you can work in non designated location. It quite clear on regional area for 4 years.

Edited by chzaau
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The whole reason they grant the visa is to stock the 'regional' areas with skilled workers. There is already an over supply in metro. They don't want you in the metro. They also don't care if you get a job or not, unfortunately, because they already have your money. If you don't make it you can leave and not one word of condolence will be heard from this fantastic place ;)

We ran a business for 3 years without drawing one Aussie cent on a regional visa (Adelaide) and moved to Brisbane 10 weeks after we got PR. In that whole time we didn't hear a peep or even get an email from Immi but we were not allowed to move.

There is unfortunately a disconnect between many skills and whether there are actually any jobs. Immi are hoping if they send enough people to the bundus they will create their own jobs...

(Before I get slammed I know Adl isn't the bundus, but it might as well be as far as business is concerned imho). Sometimes it seemed as if they just needed business migrants to run the coffee shops to supply all the government workers. Because there wasn't much else to do...?

I met a girl in Adelaide who was state sponsored from England as a specialised financial strategist to some or other industry (can't remember as it was 7 years ago now), but anyway her job had never existed in Adelaide so she was working on commission only at a recruitment place and she was bitter as hell...

Sorry I don't mean to be negative, this is just a personal gripe of mine. The process is completely one-sided and yet we must be pathetically grateful...not in my nature.

You will never be allowed to work in metro first, because then they will have thousands of people trying it, and none will move back to regional. Immi would be unable to enforce it because everyone would be crying 'Unfair!' when their kids have to move schools, they will lose their jobs, etc.

Remember we Safricans are only a tiny % of people trying to make this work...You need to play their game. That might include a career change or starting a business if these are allowed on your visa.

Edited by Bronwyn&Co
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Brown spot on. As far as Australia government is concerned ypu are part of an experiment to try and make a regional area work. If you keep on pushing people into those area they think they can make them work. You need to realize Australia massive, almost the size of the USA with about 6 percent of there population. The majority of people in Australia at least 85 percent are living I one of the cities. Keep in mind what ypu stacked up against when going to a regional area. Consider that it not like there a big abundance of work an oppurtunity. You'll have to adapt for 4 years and ypu most probably have to give up your career and start again. After 4 years in any case it will be hard to walk back into what your were doing. You income in regional area is also going to be lower. Think moving.from Joburg to Umtata.

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We will definitely be sticking to the rules. Would not want to jeopardise our PR application further down the line.

Thanks everyone for your thoughts.

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Yeh, I agree with you Parks. At least it's not 4 years. My kids are younger so I will probably end up doing the one year Regional and then move to the Metro, but live Regionally and commute. At least then I would have met all the requirements.

If you want to hear something not so funny, literally the day before I got my positive skills assessment back, I dropped of the list of the state I was looking at, so could no longer apply for the 189 visa. And this July, I'm still not on the list.

I will make the 489 work though. I want something better for my kids than I believe South Africa has to offer right now.

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Barbie you need to bear in mind that a metro employer could be fined for employing someone with a visa that requires a regional job and they do ask to see visas. Work laws in Australia are VERY strict. Trying to work the system could burn you. It can be difficult for Saffas to not try to "make a plan" but in this instance you have to stick to the system. It's two years for the price of the rest of your life...

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I can't find on the IMMI site for that visa where it says you only have to work 1 year in the regional area and the you can work where you like, all I see it says is you must live and work in a regional area for the duration of your visa. Can you post a link to this information ?

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Chzaau I also understand the rules to mean "the duration of the visa" so until the person gets PR or citizenship, they must live and work in the regional area. Trying to work the system results in the posts we see on Facebook about a family who has to leave and is now crying that it is not their fault and can somebody pleeeez help them. It's easy to think that immi wouldn't find out, but employers have to report workers details and earnings to the ATO and cross matching is a big thing with them now. I would definitely not risk my visa for such a short amount of time. We have all (okay most of us) have done it tough in the first few years.

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Hi All

Sorry I have been quiet for a while. I did some checking and you are right Crisply, it is the duration of the visa. This visa is a "Gateway" to the 887 PR visa. In order to apply for the 887, you need to have lived for 2 yrs and worked for 1yr in a Regional area. Only after this has been done can you apply for the 887. Until then you may only live and work in a Regional area.

Just a heads up, it takes about 3 to 6 months for the 887 visa to be granted after application and you can't move until it has or you stand the chance of loosing both visas.

I hope you all manage to settle well wherever you go and if you decide to move, I hope the 2 yrs go quickly. It can't be worse than what you left!

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  • 1 month later...

Hi everyone.

Our 489 visa was granted on thursday. Our nominated state is WA and we chose wheatbelt region.

Our visa conditions says the following: 8539 - Must stay in specified area.

So if I understand this correctly, it means we must stay in the wheatbelt area till we apply for PR and it has been granted.

The only question I do have, are we allowed to stay with family on our arrival in WA and start looking for rentals when we are there?

They live in Armadale and we will be flying out between Christmas and new year.

I believe January is a quiet month for getting a job, so we will be stay with the family for about a month.

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Hi Rita,

We will be staying with friends in Brisbane until my husband can secure work, as we won't know where to settle until then. No where on the immi site could I find information that says you can not stay in a metropolitan area it only states what requirements need to be met to secure PR. Maybe someone on here could shed more light into the legalities.

Your visa condition of 8539 - Must stay in a specified area. I do not think it means you have to stay in the area you chose I think just in the state you have applied to, am I not right in saying this?

We were granted our 489 and we have 'None' under visa conditions, so not sure how this differs from your visa condition, but to me it still means we need to stay in regional QLD.

Keep us updated and best of luck with your move.

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Thank PARKS,

I agree with you. they way I read it, is that in the 4years of the visa your need to comply with the requirements when applying for PR.

thanks, will keep the forum updated. I see you guys are flying out on 25Nov. May I asked how did you book your ticket?

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Hi Rita,

We booked through Tumi at IOM. R9 400.00 x 4 and R8 300.00 for my 8yr old. Durban-Johannesburg-Sydney-Brisbane. Could not get a better price when I shopped around.

Tumi Rabothata

012-3422789 ext 232

trabothata@iom.int

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Thanks Parks

Did get qoute from IOM yesterday. But they were more expensive. So i booked with quantas.

We wil be leaving on 26Dec.

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FYI.

It's actually Qantas (no u). I know it goes against everything you've been taught about English spelling. The airline originated from Queensland And Northern Territory Airline Service. Qantas is an acronym of the letters of that airline.

Just one more of those things to get right to make you more "Aussie", and there will be plenty more to find out about in your travels down under.

BTW I reckon 7/10 Australians wouldn't know why it was spelt without a "u", so you have a head start on them on the next trivia quiz.

Edited by 18yearsoutofrsa
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Thanks for the correction and the info.

Definitely will remember the spelling from now on.

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Hey 18yearsoutofrsa,

I've learnt something new today, thanks for that :ilikeit:

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