Quote:
Originally Posted by jonbj5
Hi Gill
Many thanks for your advice. Could I just ask you the following as Im getting quite confused with all the different catergories for the visas, etc. The agency that I spoke to at the weekend said that if we emigrated, my mum-in-law would have to stay in the UK for 1 year and then come out after 12 months on a temp visa and then apply for the permanent visa once we had been there 2 years (as I explained earlier). We were told that this would be cleared quite quickly. After looking at various websites and forums, everyone seems to be saying different on this subject. Do you know whether we would definately be able to sponsor her after we had been there the 2 years and that she would then be able to move over to be with us permenantly?
Best wishes
Kirsty
|
Hi Kirsty
If m-i-l is retired and could support herself out in Oz, there is no reason why she shouldn't apply for a long-stay tourist visa so as to enable her to go out to Oz either with you or soon after you. Please see here:
Tourist Visa (Subclass 676)
She would be allowed to spend six months in Oz practially automatically. DIAC would be quite likely to permit her to stay for up to 12 months if she would prefer that instead.
However, she would need to retain a base in the UK because a visitor visa is what the name implies. It is
NOT an alternative means of emigrating to Oz. M-i-L would be expected to leave Australia when her tourist visa expires and to remain outside Oz for a decent interval (consistent with having a home in another country) before applying for a further long-stay tourist visa.
She would not necessarily have to wait for 2 years after you move to Oz before she could apply for a Contributory Parent visa (which must be the one that your Agent was thinking of because s/he said that the application would be processed relatively quickly.)
Whether M-i-L applies for the costly but fast-track CP visa or she applies for the vastly cheaper but very, very,
VERY slow non-contributory Parent visa (which involves a wait of 15 years plus and I do not exaggerate) the application would have to be sponsored by your OH. The Sponsor undertakes that if the Parent falls on hard times during his/her first 2 years in Oz, the Sponsor will provide the Parent with a home, food, clothing and enough money to get by on, so as to prevent the Parent from becoming any sort of drain on the State.
Plainly, the Sponsor cannot realistically do all this if the Sponsor is leading a peripatetic lifestyle hitchhiking round Oz with a tent in his rucksack. Therefore the legislation requires that the Sponsor must be a "settled" Permanent Resident. Whether or not someone's lifestyle in Australia is "settled" is a question of fact. It is not a function of time.
Please see the Migration Review Tribunal case below:
Sampson, Lynne Jones [2004] MRTA 7298 (4 August 2004)
Once your OH is "settled", M-i-L would be free to apply for a Parent or a Contributory Parent visa as she prefers. Please see here:
Family - Visas & Immigration
I am trying not to overload you with too much detail at present because I think it is confusing enough - when the whole visa-game is new to you - to examine whichever skilled visa you have been advised to consider without trying to get your head round m-i-l's situation at the same time.
Absorb the stuff above, plus Booklet 3. If time does not permit the sheer amount of study required, then I would suggest that you telephone some Migration Agents for advice. In particular, I would suggest Tony Coates at Ian Harrop & Associates near Oxford because Tony is well on top of the question of what makes somebody's lifestyle in Oz settled.
Registered Australian Migration Agents, UK - Ian Harrop and Associates
Tony can be contacted via the Oxford number.
Best wishes
Gill
Parent Visas
