# Pathway for subclass 489 to permanent residency



## labelle123 (Aug 15, 2016)

Hi,
Currently I am under subclass 489, my visa conditions state that I should work/live in designated area (https://www.border.gov.au/Trav/Work...illed-Migration-applications/designated-areas) hence I have worked and lived in Melbourne Metroplitan Area as this does not restrict me on my visa. 


However, when I am checking the pathway to residency under subclass 887, I realized that I have failed to fulfil the criteria which is:
•	have lived in a specified regional area of Australia for at least two years
•	have worked full time in a specified regional area for at least one year 


I have totally missed this criteria as I have the assumption in head that as long as I am fulfilling my visa condition, I am fine – which in my case for subclass 887 is not.

Hence, I am here to seek opinion, what other options do I have? I am completing my 2 years work/live stay in Melbourne, VIC this October 2016.

Are there any other visa that I can apply on pathway to residency?
Can I apply for Subclass 189? Will that impact my currenty visa? And am I even eligible?

Thanks and hoping someone can shed a light on my situation. I am totally confused and got the shocked of my life yesterday when I am checking the criteria while preparing.


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## Maggie-May24 (May 19, 2015)

The criteria you've listed above applies to an 887 application if you're currently on a state-sponsored 489.

If you hold a family-sponsored 489, you need to have lived/worked in a designated area before applying for an 887 visa.

If you read the DIBP website, specifically the information under the Visa Holders tab, they explain the two (although it can be very confusing when the wording is quite similar): https://www.border.gov.au/Trav/Visa-1/489-#


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## dave85 (Sep 8, 2015)

labelle123 said:


> Hi,
> Currently I am under subclass 489, my visa conditions state that I should work/live in designated area (https://www.border.gov.au/Trav/Work...illed-Migration-applications/designated-areas) hence I have worked and lived in Melbourne Metroplitan Area as this does not restrict me on my visa.
> 
> 
> ...


So are you saying that you are unable to fulfil the condition to "have work full time (usually at least 35 hours a week) in a specified regional area for at least a year while you held your eligible visa", correct?

Apart from the Skilled permanent visa (189 or 190), you don't appear to have other choices. If you meet the criteria for a 189 or 190, you can submit an EOI immediately and wait for an invitation to apply.


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## labelle123 (Aug 15, 2016)

dave85 said:


> So are you saying that you are unable to fulfil the condition to "have work full time (usually at least 35 hours a week) in a specified regional area for at least a year while you held your eligible visa", correct?
> 
> Apart from the Skilled permanent visa (189 or 190), you don't appear to have other choices. If you meet the criteria for a 189 or 190, you can submit an EOI immediately and wait for an invitation to apply.


Hi Dave,
Thanks for your reply, so does it mean that this doesn't restrict me to apply for subclass 189?

Yes you are correct, I cannot fulfil the 887 criteria as I have not met the "have work full time (usually at least 35 hours a week) in a specified regional area for at least a year while you held your eligible visa".

I just want to get clarity that my 489 visa will not restrict me the eligibility to apply for permanent residency using subclass 189.


Thanks.


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## dave85 (Sep 8, 2015)

labelle123 said:


> Hi Dave,
> Thanks for your reply, so does it mean that this doesn't restrict me to apply for subclass 189?
> 
> Yes you are correct, I cannot fulfil the 887 criteria as I have not met the "have work full time (usually at least 35 hours a week) in a specified regional area for at least a year while you held your eligible visa".
> ...


A 189 visa has no such restrictions. You will need to satisfy the 60-point DIBP requirement, a valid skills assessment and occupation in the Skilled Occupation List, and English language proficiency. If your 189 visa is granted, it will automatically 'override' your 489 visa.


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## Maggie-May24 (May 19, 2015)

If you are working/living in a designated area as per your (family-sponsored) 489 visa, you should still be able to apply for an 887 visa. However you can always apply for a 189 visa if you meet the criteria and receive an invitation.

So if the issue is that you haven't worked at least 52 hours full time, then no you aren't yet eligible for an 887 visa. But if you've done the work but are concerned that you've done it in a designated area instead of a regional area, then you should be ok.


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