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Migration Issues Discuss all aspects about migrating to Australia and the visa process


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Old 09-05-2008, 06:58 PM   #1 (permalink)
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Question A hundred questions !!!

Well not quite a hundred ...... but it feels like it

This is my first post and I would really appreciate any help anyone can offer.

We have made the decision to apply but as yet have not sarted the process.

We have a brother who has been in Sydney for 20 years and my sister and myself would like to join him there.

Our partners are both under 45, 1 is an Auto Electrician and 1 is an It Network / Security Architect (so far so good).

The questions we have are:

1. Do visas get granted quicker for particular areas? We would love to go to NSW but are happy to look at Victoria or SA instead.

2. We would want to take our elderley (75 & 78) parents with us. My brother is willing to sponsor them but would my sister and I need to go ahead of them to meet the family balance test as if they apply at the same time as us, only 1 of 5 children will be resident at the time of application?
We have been reading up on the tourist visa option pending the Parents visa being processed but how would that work if we cannot submit the Parents visa due to the balance of family?

3. My eldest daughter is 18 and due to start uni in September, how would we go about applying for her to join us and continue her studies?

Think thats enough for now .... thanks in advance for any help.

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Old 09-05-2008, 07:09 PM   #2 (permalink)
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I can answer one for you. We asked our agent if it's quicker to commit to one area,as we knew we were going to Adelaide. But, alas, she said no.

I can't answer the others for definate but i'm sure someone will.

Good luck.

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Old 09-05-2008, 07:16 PM   #3 (permalink)
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Thanks very much Darren ...... just got to make a decision now then.

If we dont have to specify that makes life easier!

We were in Sydney at Easter, planning to look at Adelaide and Canberra in Febuary.
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Old 09-05-2008, 07:22 PM   #4 (permalink)
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Old 09-05-2008, 08:30 PM   #5 (permalink)
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Parents - yes you do need the balance of family in the country before they can apply - Gollywobbler is our resident expert, you could try looking for her posts on the subject by using the search option.

Don't suppose they have been living with either of you for the last couple of years? they may be able to go on your visa as dependants.

My poor Dad is waiting for us to get over there before we put his application in - we just have to sell the bally house

there are different options when you apply for a contributary parent visa that have thier own criteria.
My Dad is on a year tourist visa at the moment and we are hoping that we can put his application in before Sept when it runs out, we have been told that he will then be able to get a bridging visa (I think) and so stay in Oz while it is processed, he will be told to leave the country when it is about to be granted and will probably go to NZ or Singapore for a holiday.

My DD has a place at Melbourne Uni (may not actually go there, long story), we used these people to help with information and to complete the application, they were really helpful and there is no charge.

Telephone: 020 7353 7200
International: +44 20 7353 7200

Address: 16 Temple Chambers, 3-7 Temple Avenue, London, EC4Y 0DT
Email: sarah@studyoptions.com
Web: Study Options - providing free advice and assistance to students for studies in Australia and New Zealaland

hope this helps

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Old 09-05-2008, 09:13 PM   #6 (permalink)
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Hello Granada

Welcome to Poms in Oz.

Somebody else has already answered your first question.

With regard to your second question, you need to ensure that your Parents can meet the Balance of Family Test for Parent migration. Please see here:

Contributory Parent (Migrant) Visa (Subclass 143)

Family - Visas & Immigration

Parent Migration Booklet

The thing to bear in mind whichever of the children need to be resdient in Oz, the relevant children MUST be permanent residents at the time when the Parent via application is launched. Temporary residence on 457 visas will not suffice.

You have mentioned you & your sister. Do you both live in the UK? You have mentioned your brother in Sydney plus two further siblings. Where do the 2 further siblings live, please? (I am trying to get an idea of what would be best for your Parents.)

Also, avoid asking your brother in Sydney to sponsor either you or your sister, because there are other ways for your own families to migrate but your brother will have to Sponsor your Parents - so keep him for that job alone. (Theoretcially he could sponsor Uncle Tom Cobley & All but don't risk it because he is unlikely to be able to prove that he could afford to feed, house and clothe his own family, yours and your sister's families plus your Parents as well. Keep him for the sole task of sponsoring your Parents, I suggest.)

Quote:
We have been reading up on the tourist visa option pending the Parents visa being processed but how would that work if we cannot submit the Parents visa due to the balance of family?
In your case, I wouldn't start from the premise above! I don't want to confuse you with too much technical detail at this stage, but if you play your cards right it will hopefully be possible for your Parents to travel to Oz and make an application for an Aged Parent or Contributory Aged Parent visa when they get there. They would then be allowed to remain in Oz, on Bridging Visas, until the outcome of the Parent application is known. It is unlikely that they would need to get involved with long stay tourist visas if the law remains as it is.

With regard to your daughter, the best thing is to include her in your own application as your dependent child. A child can be a dependent child up to the age of 24 as long as s/he is in full-time education (in your own daughter's case.)

Best wishes

Gill
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Old 09-05-2008, 09:24 PM   #7 (permalink)
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Sarah

Thanks so much for your advice.

Your situation sounds similar to mine overall and I feel I am juggling so many balls at once!

I know the parent situation is a minefield and I am still trying to get my head around it.

Thanks for the uni link, I will check it out now.

Thanks again
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Old 09-05-2008, 09:25 PM   #8 (permalink)
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Hi KazzE

Quote:
My Dad is on a year tourist visa at the moment and we are hoping that we can put his application in before Sept when it runs out, we have been told that he will then be able to get a bridging visa (I think) and so stay in Oz while it is processed, he will be told to leave the country when it is about to be granted and will probably go to NZ or Singapore for a holiday.
Tread carefully, honey. Is Dad's tourist visa subject to Condition 8503? If it is, then it will not be possible to make a valid application for a Contributory Parent visa for him whilst he remains on Australian soil. Please see here:
Australian Immigration Fact Sheet 52c. Imposition of Visa Condition 8503 - "No Further Stay"

It is rare for DIAC to permit a stay of 12 unbroken months in Oz without imposibg Condition 8503, so you need to check this very carefully indeed.

If Condition 8503 has not been imposed, what is stopping Dad from making a Contributory Parent or Contributory Aged Parent application before 30th June 2008, so as to beat the fees increase the following day?

PM me or e-mail me about this, I suggest, so that we di not hi-jack Granada's thread with this separate issue.

Best wishes

Gill

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Old 09-05-2008, 09:47 PM   #9 (permalink)
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Hi Gill

Thanks so much for taking the time for replying.

Basically there are 5 children in all. My brother is in Australia as I said and the other 4 are in the Uk.

The eldest child is in her 50s and will stay in the UK.

The second is staying in the UK for now but will retire in 3 years and hopefully go over then.

My sister and I are the youngest 2 children.

We were hoping to get the Skilled - Independent Migration Visa, Subclass 175. I have done the basic calculators and we seem OK on points.

My brother in Sydney already suggested he sponsor my parents, we are not sure if that means they would have to live in NSW. They will have approx £50,000 from the sale of their home to take with them.

As far as my daughter is concerned, she takes her A Levels in June so strctly speaking will leave full time education then, would that make a difference?

Hope thats enough info for you to advise on the best way forward, if not just shout!!

Many thanks again

Jen
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Old 09-05-2008, 10:26 PM   #10 (permalink)
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Hi,

Just wanted to welcome you to PIO! Hope you get all the answers you need.

All the best,
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Old 09-05-2008, 10:31 PM   #11 (permalink)
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Thanks Nikci

I am doing really well for info so far ... so glad found this site!

Jen x
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Old 10-05-2008, 12:23 AM   #12 (permalink)
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Jen,

If your daughter enrols at uni - she will still be classed as dependent for the purpose of the visa and can be included on your visa. As far as I know the child has be be dependent at the time of the application and when the visa is granted ... so if she jacked uni to start work you'd have a problem

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Old 10-05-2008, 01:11 AM   #13 (permalink)
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Hi Jen

Let's start with your daughter. What is she planning to do after her A levels? I am noooooo sort of expert on dependent children for visa purposes. I've heard that if the young adult is in a job which is so poorly paid that s/he could not survive without continuing financial support from his/her Parents, this will sometimes suffice instead of being in full-time education.

My guess is that it would be easier and safer to sed the lass to college to learn a skill of some sort, however, and make sure that she remains a full time student until your visa has been granted. The children's ages and activities - ie whether or not they are still dependent on you - are assessed at the time of the application and again at the time of the decision.

In your shoes, though, I would obtain professional advice from a Registered Migration Agent about how best to tackle the next couple of years with your daughter in terms of keeping open the option of her migrating as your dependent. If she migrates as a dependent and thus has PR on Day One in Oz, she would have MANY more options than she will if this does not happen.

It would be infinitely harder - plus take much longer, with much less certainty of successs - for your daughter to try to become a skilled migrant to Oz in her own right when she is older.

If you and your sister (or your respective OHs) are both eligible for subclass 175 visas then that is excellent news.

The situation with your Parents is really very complex in the light of the information you have supplied in your reply. I will send you a Private Message aboout that in the next day or two, if I may. It is now gone midnight and I am too tired to think about how best to explain all the diferent factors that you need to consider, plus your Parents' affairs are personal and private, given their ages.

Best wishes

Gill
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Old 10-05-2008, 08:27 AM   #14 (permalink)
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Thanks Ali

My daughter is leaving college after her A Levels but will definitley be going to Uni.
I was confused as obviously here he is classed as an adult and child benefit stops.
It is a relief to know she is still a dependant for the visa.

Many thanks again

Jen
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Old 10-05-2008, 08:34 AM   #15 (permalink)
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Thank you Gill

A PM regarding my parents would be most welcome and greatly appreciated.

I think I confused people with my daughter.

She is finishing college and definitley going to uni. I didnt realise she would still be a dependant while she is at uni as here in the UK once Child Benefit stops and they get into the murky world of student loans and grants they are classed as non dependants.

That is great news as she WILL be living at home whilst at uni and will be dependant on me for the next 3 years until she is 21 at least.

Thanks again

Jen x


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