SA Unique Situation 489 to 887

[yogesh]

Dear Experts,

I require some insights from you guys and your expertise on a unique situaton I have in hand for 489 visa applying to 887 visa.

I am the primary applicant of 489 visa and have my spouse & daughter as dependents as part of my application. Our visa was granted back in December 2015. Due to the demise of my fatherin the same month I applied my mother's 489 subsequent entrant visa in November 2016 ( Before the Family Unit Definition was changed) which was refused in December 2016 stating reasons, that the primary applicant (Me) and mother were not part of the same household and the financial dependency cannot be substantially proved.

Based on refusal letter I asked for advise from experts, I was told that decision is valid from the department and cannot be challenged.

There after I decided to it take it on my own and esclate this case with the department, it took me almost 20 months to get decision on my favor after going through almost very piece of write up on 489 (Regulations/act/any related information) and in June 2018 department confirmed that they were happy to reconsider my mother's application. Her visa is curently in processing and she has been issued a bridging visa A.

As all this took almost 2 years, during this time I completed the 489 visa conditions, Now that I am eligible for 887 visa my questions are,

1. Can I include my mother in my 887 visa application based on her bridging visa A which is a eligible visa as it is issued in relation with her 489 visa as mentioned on the Immi website?
2. If I include her in 887 visa application what happens to her 489 visa application ?
3. If I wait for her decision on 489 visa and I apply for 887, can she be eligibile to apply 887 as dependent application where I support her as primary applicant? As there is no timeline on when I can receive the decision on her 489 visa

I have read the regulation for Member of the family unit under point 5 which states that it is possible.

Your expert views on this situation will be greatly appreciated.

Regards,
Yogesh

 

[Ann Zhou]

Hi Yogesh,

Whether your mother can be included in your 887 visa application will depend on the followings:
1. Whether mother's current visa condition allows her to lodge any visa in Australia
2. whether you can establish the dependency between you and your mother.

The good news is you don't have to wait for the grant of 489 visa of your mother to lodge your 887 visa if you believe you can satisfy the above two conditions.

Hope this is helpful.

Ann @ expatlawyers.com.au

 

[yogesh]

Hi Ann,


Thank you for your response, really appreciate it and it is certainly very helpful.


She got a bridging visa A with no conditions attached to it, which was issued in relation to her 489 application.


1. Whether mother's current visa condition allows her to lodge any visa in Australia –

Yes, since no conditions are there on the bridging visa “A” issued to her and as per IMMI website and regulations it is an “eligible visa” for 887 visa application. So she can apply a new visa based on the current visa held.


2. whether you can establish the dependency between you and your mother.

Yes I can do this,


But need some clarity on these two scenarios


1. What happens to her 489 visa application, will it become a void application as a invited pathway visa application has been put in?


2. Do I have option to apply her 887 visa later considering her 489 visa application is still in processing and apply 887 for rest of us at this point of time. Does the regulation and act permit this?



Which will be the best option to go with given the situation, to wait for a decision or apply the 887 visa.


I do not aim to complicate considering how long the case has gone now.


The idea is to keep it simple in terms of paper work for her application.


Appreciate your time and support


Thanks,

Yogesh