496 to 887

[sandyfernandes73]

I arrived in melb on 1.1.2009 on a 496 with my husband and infant daughter.As a biochemist i am the primary applicant for the 496.As I was busy babysitting ,my husband took up full time work in melb from sept 2009 and will meet the primary criteria of 1yr full time work /2yr full time residence in the designated area by end 2010.Can I use his work experience to apply for the 887?

[nvoorst]

I arrived in melb on 1.1.2009 on a 496 with my husband and infant daughter.As a biochemist i am the primary applicant for the 496.As I was busy babysitting ,my husband took up full time work in melb from sept 2009 and will meet the primary criteria of 1yr full time work /2yr full time residence in the designated area by end 2010.Can I use his work experience to apply for the 887?

Your husband, as the spouce of the primary sc. 496 visa holder, would become the main applicant for the sc. 887 visa and must meet the primary criteria. You would become the secondary applicant. If he meets the primary criteria, then he can apply for the sc. 887 visa, which is relatively straightforward.

Regards,

Nick

[sandyfernandes73]

thank you nick.

but then the primary applicant on the 496 (myself) and the primary applicant on the 887(my husband) would be different.

is that permissible.

i have been doing some research on the legislation behind the 887.Item 887.2 says "THE PRIMARY CRITERIA MUST BE SATISFIED BY ATLEAST ONE APPLICANT". No where does it say that the primary applicant for the 496 and the 887 should be the same.

nick,can u use this info to make an analysis of my case? it is causing me a lot of apprehension.

[nvoorst]

That is correct.

The following requirements must be met:
(a) the applicant must be the holder of:
(ii) a Skilled — Designated Area-sponsored (Provisional) (Class UZ) visa
(b) the applicant seeking to satisfy the primary criteria for the grant of the visa must have been, for a total of at least 2 years before the day on which the application was made, the holder of 1 of the following visas:
(ii) a Skilled — Designated Area-sponsored (Provisional) (Class UZ) visa;
that was granted on the basis of satisfying the primary criteria for the grant of that visa, or of being the spouse or de facto partner of the applicant who satisfied the primary criteria for the grant of the visa.

So your husband, as the spouse of the applicant (you) who satisfied the primary criteria for the grant of the (sc.496) visa meets the requirements of being the primary applicant for the sc. 887 visa.

[sandyfernandes73]

thank you nick. my husband has not given the ielts,nor is skill tested. even then ,can he apply as the primary applicant of the 887

[nvoorst]

thank you nick. my husband has not given the ielts,nor is skill tested. even then ,can he apply as the primary applicant of the 887

That is a good question, as normally these requirements would have been satisfied (by the primary applicant) to meet the sc. 496 visa requirements and do not need to be adddressed again.

However in the legislation there are ,apart from public interest, health and character requirements, no other requirements to be met other than the 2 year residence in a specified regional area and 1 year full time work in a specified regional area criteria, as well as the requirement that the person must have substantially complied with any conditions to which the sc. 496 visa is or was subject.

Maybe one of the other RMA's on the forum can confirm that this is correct ?

[Tony Coates]

Hi Sandy

Either the primary or the secondary or both of the 496 holders can meet the primary criteria for the 887. All applicants must, while in Australia, live work study in a designated area of Australia, not just the primary applicant for the 887. The primary applicant must have lived and worked for minimum periods.

Regards


Tony

[sajjadsuleman]

I will be applying for 887 visa subclass in a month or so. I am working for the last 2 yrs with a company and it is on my ABN. I have the pay advices with me. As I am Self-Employed, how is it possible that I can use certain documents from the company as evidence to satisfy the requirements?
It is written in the requirements that a person can work for some employer or for himself/herself. The full-time work experience criteria can be documented by a person who is employed by the employer very easily. But a self-employed person can only provide a contract, pay advices, GST statements, income tax returns etc. But no document will be stating that the person has worked on full-time basis.
Can anyone tell me which type of documents exactly be used?