Thursday, 28th of November 2013
Volume 276

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Dear subscribers, 


Welcome to the latest edition of IMMIGRATION NEWS and   the new subscribers. IMMIGRATION NEWS is proudly sponsored by Australian Immigration Law Services. For new readers you can subscribe using the link on the right hand side. Please feel free to forward this e-mail to any of your friends.


Today we cover the conditions 8539 and 8549 which are imposed upon 489/487/475 visa holders. What do they mean? Can you move to other areas?


Do 489/487/475 visa holders need to live in their sponsoring region?  Business Travellers



As promised in our last newsletter, today we will discuss about the conditions imposed on the state/territory sponsored 489 (and old 487) temporary residency visas.


Conditions 8539 & 8549


Different from the 190 visa, a 489/487/475 visa does have conditions attached specifying where the visa holder must live, work and study. Generally speaking, if your 489/487 visa is granted due to state/territory nomination, condition 8539 must be imposed. If your 489/487 visa is granted due to relative sponsorship, condition 8549 must be imposed.


A person whose visa is subject to condition 8539 is obligated to live, work and study only in an area specified as a regional or low-population growth metropolitan area of Australia. A current list of postcodes for these areas can be found here.


A person whose visa is subject to condition 8549 is obliged to live, work and study only in an area specified as a designated area of Australia. A current list of postcodes for these areas can be found here.


PAM'S specifically mentions about the issue of visa holders who wish to study in areas that do not relate to their visa conditions.


"Waiver of study condition

When considering education options for tertiary and some secondary student family members consideration may be given to circumstances where it is reasonable to waive the 'study' component because of limited tertiary education options, or specialised learning needs that cannot be met in the designated area. Circumstances may include, but are not limited to, when a secondary visa holder:

*      is a dependent child and wants to undertake tertiary courses that are not offered in a specified regional area

*      is a dependent child and has an existing learning impairment or health condition for which the only appropriate educational support is available in a non-specified regional area

*      is a spouse, partner or dependent child and has received an educational scholarship or is continuing an existing educational scholarship to study at an institution in a non-specified regional area.

Visa holders enrolled in primary or secondary school must comply with the condition that they study only in a specified regional area unless a circumstance (such as one above) prevents them from doing so."



Do I have to live where I was sponsored?


489/487 visa holders often ask us whether or not they must live in the regional area where they were sponsored. The answer is no.


Condition 8539 and 8549 only requires the visa holder to live in A regional or designated area as specified in the relevant legislative instruments, but not THE regional or designated area where you obtained the nomination or where your sponsor lives. Simply, you are free to move to any regional area or any designated area as long as the postcode relates to one of these appropriate lists.


Similarly, to satisfy the ' 2 years residence and 1 year full-time work in a specified regional area' criteria for an 887 Skilled - Regional Permanent visa, a 489/487/475 visa holder can live and work in multiple regional or designated areas for an accumulated period of time that meets the 887 visa requirement. We will discuss again later the requirements of the 887 visa.


Time to settle


Although not specified in legislations, it is the Immigration Department's policy that persons granted a 489/487 visa who are in Australia and have not been living in a specified regional area, are expected to make appropriate arrangements to relocate to a specified regional area in two to three months.


For those who are granted a 489/487 visa outside of Australia, they are expected to make arrangements to establish living arrangements in a specified area within a month of arrival as they are considered to have more opportunity to make arrangements between being granted their visa and arriving in Australia.


Possibility of cancellation


Because of the imposed condition 8539/8549, if 489/487/475 visa holders fail to settle in a specified area within a reasonable period of time from visa grant, their 489/487 visas may be subject to cancellation under the general cancellation power, section 116, on the ground of non-compliance with visa condition.


This is a major difference from what we discussed in the last newsletter about 190 visa. Therefore it is advisable for new 489 visa holders to arrange their settlement in a regional or designated area as soon as they are granted a 489 visa. To obtain a 887 visa, it is also a must to meet the regional residence and work requirement.


For those people who may continue to work or reside in a non-regional area such as Sydney after the grace period to move has expired, it is more than likely the DIBP will cancel your visa if they find out. 


It would only take a simple site visit by DIBP officers to your work place, or being pulled over by the police for a traffic offence to discover that you are in breach of your visa condition. 


The DIBP and the ATO also share information. Any PAYG Group Certificates may indicate that you have worked in an area, which is not listed as regional or designated.


Are Australian International Student families "battlers"?   business-lunch.jpg
John Ross of The Australian seems to think so.

Read his of the 27th November story here
Archives, some light reading

Bored? Nothing to do in the dead of night when you can`t sleep?


Try one of our historical newsletters to read, that will do the trick.


For our older newsletters published by Australian Immigration Law Services (AILS) they can be found on our web site through the following link;


For the older ones published by AILS and now by IMMIGRATION NEWS Pty Ltd, they can be found here



The word about Mr.Edward (Eddy) Kang, the Sydney businessman allegedly preying on foreign students trying to get a work visa, is spreading fast in the media                                     
Watch the full story aired on ABC's Lateline here. Hear how he threatened to kill one of his clients.

Today tonight mentions Mr Kang and a similar story in Melbourne here.

MELD Magazine covers it here
Read our previous newsletter with quotes from his clients, who paid Singapore Oil Pte Ltd vast sums of money for visa applications that were rejected here

You can also see a previous news cast about Mr. Kang regarding his business operations in New Zealand here. Sound familiar?

People who feel they have been they have been victims of fraud allegedly intigated by Mr. Kang are contacting our office now nearly on a daily basis. We are in a position to forward these details to the investigating unit of the DIBP. Please contact us if you would like to report your experiences regarding Mr. Kang.
Karl Konrad
Karl Konrad

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We hope that you have found this edition informative.
Kind regards,


Karl Konrad 



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          Karl Konrad

Australian Immigration Law Services





Regional sponsorship and the grant of the old 487 and the current 489 visas are a topical issue.


Many years ago the conditions on the visa did actually stipulate that the holders had to live in the regions that sponsored them.


This was seen to be too oppressive with many visa holders unable to find work in the regional areas they were sponsored for.


The decision to drop the "the" on the condition and replace it with an "a" meant that visa holders were free to move around Australia as long as they continued to live in either a designated area or regional area.


At the time of this change I understand many sponsoring regional authorities which issued the approvals were very upset with the Immigration Department. I guess you can understand why.


Today many of these sponsoring bodies insist on telling applicants that they must come and live in the region and this is a requirement of the visa.


Well, sorry to say, but it is not. 


Again as we mentioned in the last newsletter, if the DIBP wanted it that way, then the condition on the visa could reflect such a claim.


When it comes to applying for the 887 visa, case officers couldn't care less which region applicants lived in as long as in was in some regional or designated area as the 8539 or 8549 conditions specified.


Again we get many questions on this issue, even one on our Facebook today.


I hope this newsletter has helped these visa holders understand what the truth actually is.

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