Subclass 489 to 887
According to the latest official data, the Subclass 887 visahas only been processed up to applications lodged before September 2020,with no new grants recorded for nearly a year.
Basic Requirements
Subclass 489 to 887
The Subclass 489 visa is Australia’s skilled regional state-nominated visa, falling under the skilled migration category. Successful applicants are granted a four-year temporary visa.Holders who have lived in a regional area for at least two years and have at least one year of full-time work experience, may apply directly for the Subclass 887 permanent residence visa.
The accumulation of both residency and work time for the 887 is countedfrom the date the Subclass 489 bridging visa takes effect(provided the applicant was already living in a regional area while on the bridging visa),however, the Subclass 489 visa must have been granted at least two years prior to the time of lodgement.
COVID-19 Concession Policy
Subclass 489 to 887
On 17 September 2020, the Department of Home Affairs announced a COVID-19 concession period policy for Subclass 887 applications:
Applicants who were outside Australia between 1 February 2020 and 19 September 2020,even if their Subclass 489 visa had expired, may still apply for the 887 from outside Australia!
The residency requirement for the 489 to 887 transition has also been relaxed — during the concession period,applicants currently outside Australia only need to satisfy 18 months of regional area residence.
The work requirement for the 489 to 887 transition has also been relaxed:
the original requirement was one year of work in a regional area,but during the concession period, only nine months of full-time work is required,and this applies to both onshore and offshore applicants!
Among recent applications where clients have come to us for help, some had misunderstood the concession policy, some had not grasped the Department’s evidentiary requirements, and others had simply been careless. Various reasons led to requests for further documents or even outright refusals. Below we outlineseveral typical scenarios as a warning to others.
Work Experience Scenario 1:Worked for only one year then stopped (or only nine months under the concession policy)
The Department requires at least one year of work in a regional area. Some applicants have signed a one-year employment contract but resigned after only nine months — this kind of situation may raise questions about the genuineness of the employment.
Of course, as long as the employment was genuine and the documentation is thorough, it is still possible to demonstrate that the work requirement has been met.
Work Experience Scenario 2:Self-employed, with a home address as the place of business.
Some applicants work in fields that offer considerable flexibility, such asIT, drafting, design, accounting, and other roles that can be performed from home.Applicants often assume that simply registering a company and paying themselves the minimum legal wage for a year is sufficient to meet the 887 work requirement. For this type of work,the greatest challenge lies in demonstrating 35 hours of work per week,given the flexible nature of home-based work hours.
We once handled a typical home-based self-employment case — the client worked as a self-employed tailor, a rather unusual occupation. The client’s Subclass 489 was granted on 26 September 2016, and they came to us in October 2018 wanting to apply for the 887. The Department initially requested further evidence of one year of full-time work. We assisted the client by compiling comprehensive evidence: photographs of the work in progress and completed garments, text message exchanges with customers, invoices issued to customers, cheques received as payment for tailoring services, a work logbook, and a detailed review of every bank deposit. Ultimately, we proved the client met the 35-hours-per-week requirement, and the visa was granted.
Similarly, we now assist a large number of such applicants in preparing and compiling their documentation, and have successfully helpedmany IT workers, mobile food van operators, and other self-employed individuals obtain their Subclass 887 visa.
Work Experience Scenario 3: Farm Piece-Rate Workers
We have received enquiries from applicants who worked as casual farm labourers on a piece-rate basis — picking strawberries, mushrooms, and similar produce — and were paid by weight. The hours themselves were not an issue; they sometimes worked as many as ten hours a day. However, the pay was quite low, perhaps only $100–$150 a day,averaging less than $15 per hour — well below the legal minimum wage. They wanted to know whether such work would be acceptable.
This type of work also requires multi-faceted documentation to prove 35 hours of work per week — for example, a shiftbook recording clock-in and clock-out times is excellent evidence of working hours.
Work Experience Scenario 4: such asUber, Taxi and food delivery drivers
FAQ — Self-Check
Subclass 489 to 887
The following outlines some of the basic requirements for the 489 to 887 transition. Use the FAQ below as a self-check guide.
Regional Area of Residence
Q1. What constitutes a specified regional area (“Specifiedregional area “)?
The Department requires applicants to reside in a regional or low population growth area — there are many such areas to choose from. You can verify your postcode at: https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list/regional-postcodes.
Please note:if your Subclass 489 was grantedbefore16 November 2019, youcannotmove to areas that only became regional areas after 16 November 2019, such as Newcastle, Wollongong, the Gold Coast,and similar areas — this is another distinction from the Subclass 491.
Two-Year Residency Period
Q2. Does the two-year residency period mean you cannot leave the regional area?
No — short-term absences are permitted.In everyday life, short-term absences from your usual place of residence for reasons such as travel, visiting family, or work-related commitments are considered reasonable — and will not affect your eligibility to transition to the 887. The Department’s Procedural Advice Manual (PAM) does not specify a maximum duration for a ‘short-term’ absence.
For example: an applicant who lived in a specified regional area from October 2005 to November 2007, and who left for overseas travel for three weeks each in 2006 and 2007 (a total of six weeks away), would not be affected in meeting the two-year residency requirement.
Q3. Does the two-year residency need to be continuous?
Not necessarily.The Subclass 489 temporary residence visa has a four-year validity period. During this time, accumulating two years of regional residence (along with meeting the other requirements) is sufficient to transition to the Subclass 887 PR. The two years can be accumulated non-continuously within the four-year period.
For example: an applicant who lived in a specified regional area for 10 months, then travelled overseas for six months, and returned to live there for a further 14 months — totalling 24 months — would still satisfy the requirement.
However, the conditions of the Subclass 489 visa stipulate that holders (both primary and secondary applicants) must not reside long-term outside a regional area. Extended time spent in Australia while living in a non-regional area may result in visa cancellation, or could affect the transition to Subclass 887 PR.
Q4. What documents can be used as evidence of regional area residence?
Acceptable documents include, but are not limited to:
– lease agreements
– mortgage documents or property title
– children’s school reports or enrolment records
– utility bills (water, electricity, gas, etc.)
These are only some examples —the most important evidence is in fact your local bank transaction history,as bank transactions best reflect a person’s day-to-day life patterns.
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For Subclass 489 holders, it is strongly advisable to secure legitimate employment and diligently accumulate a full year’s worth of payslips — this is essential.
Legitimate employment will always generate payslips, which state your salary and working hours — these are the most important evidence of full-time work experience. Other supporting documents such as a reference letter, bank statements, superannuation statements, and tax records are also indispensable.
Documentation for the Subclass 887 application should not be left until the time of lodgement —it needs to be carefully compiled throughout the period you hold the Subclass 489 visa.Failing to manage your documentation during this period may cause problems when you apply for the Subclass 887 visa later on.
We therefore strongly advise against taking chances. We hope everyone’s Subclass 887 application proceeds smoothly — if you have any questions about the 887, you are welcome to add our consultant on WeChat to book a consultation.
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Subclass 491 to 191
*As the earliest Subclass 491 visas were granted on 16 November 2019, the earliest group eligible to transition to 191 would not be until 2022 at the soonest. The following interpretation is therefore based on the Migration Act and the Department’s Procedural Advice Manual (PAM).
For the designated regional area postcodes applicable to the Subclass 491, please refer to:
https://immi.homeaffairs.gov.au/visas/working-in-australia/skill-occupation-list/regional-postcodes
Residency Requirement — Key Points
Subclass 491 to 191
Condition 8579 of the Subclass 491 visa only requires holders to reside in a regional area while they are in Australia — it does not restrict holders from residing overseas. So as long as you do not live, work, or reside in a major Australian city while on your Subclass 491 visa, you will not be in breach.In theory, residing permanently in your home country would not breach condition 8579. Additionally, returning to your home country for a period and then coming back to Australiadoes not require you to make up the time spent overseas.
However, if you have been residing primarily overseas and wish to transition to the Subclass 191 PR, you must still satisfy the income requirements — and this may prove to be a significant challenge.
Income Requirement — Some “Sensitive” Questions
Subclass 491 to 191
Can I work overseas for extended periods, as long as I declare $53,900 in income when I lodge my Australian tax return each year?
The answer is:in theory, yes,but this approach is extremely risky.If the income is derived from employment and the applicant is based overseas (so-called remote work), it is very likely to be deemed fraudulent by the Department.
What are relevant income years?
Relevant income years are: the financial years that have ended before the Subclass 191 application is lodged, during which the applicant held a regional provisional visa (i.e. the Subclass 491 or Subclass 494) (partial-year holding counts). Australia’s financial year runs from 1 July to 30 June the following year.
For example, if I am residing in a regional area, can I work remotely for an employer based in Sydney or Melbourne (non-regional areas)?
We strongly advise against it.The Subclass 491 visa includes condition 8579, which requires that you live, work, and study in a regional area. Remote work may appear to meet this — you are physically in a regional area —but in practice, it distorts the purpose for which condition 8579 was enacted by legislators.
For more detailed explanations and examples, please refer to Jason’s article:A complete guide to the residency and income requirements for the Subclass 491 to 191 transition.
The Department’s Email Spot-Checks on Subclass 491 Holders:
The Department’s rigour and strictness in monitoring the residency and work compliance of Subclass 491 holdersis also reflected in their periodic random checks during the visa holding period, requiring holders to provide their residential and work addresses. As of July this year, a number of holders had already received emails from the Department.
For information on how to update your details, and the potentially serious consequences of failing to respond promptly, please refer to Jason’s article:Failure to update information may result in visa cancellation or refusal of the PR transition for Subclass 491 holders.
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