Family sponsor 176 (how soon after PR can they sponsor)?

[adv]

Hi to all on these forums.

Does anyone know how long after someone (eligible relative) who has just emigrated to WA, from the UK on a PR visa, has to have lived as a permanent resident in Aus, before they can sponsor someone under a 176 visa?

I appreciate it will be subject to fulfilment of the usual sponsorship obligations and a requirement to obtain a positive skills assessment etc.

From research I can see a period of 2 years being mentioned, but not sure in what context i.e. sponsorship form 1277 refers to the last 2 years etc..

Any views, experiences and or definite confirmations would be greatly received.


Thanks.

[Gollywobbler]

Hello adv

First things first, please!

I am a qualified lawyer in the Uk, but transferring to Aus means further study in Aus law and being admitted over there (not possible in my circumstances). I could get visas to emigrate to South Wales, but having recently visited Perth, wife, kids & I would love to live there.

What sort of lawyer, please? Solicitor, barrister or FILex? If FILex, do you have a degree?

How old are you, please?

Go Matilda is a migration agency with an excellent reputation. Alan Collett is the boss of it:

Go Matilda - Your Gateway to Australia - Contact and Feedback

He is in their Melbourne office. If you scroll the link upwards you get the office details. On another thread this morning, Alan told a newly qualified solicitor:

One strategy for Solicitors is to look at migrating using the occupation Business and Information Professionals - not elsewhere classified, or Management Consultant (depending on your work experience profile).

These are 50 point occupations, so you would have to carefully review your points position and determine whether you can meet the pass mark.

My migration agent colleague Sarah White (who is a solicitor in England & Wales) works in QLD, and you may want to exchange an email with her about your strategy: sarah - dot - white - at - gomatilda.com. Or you can telephone her on Brisbane number 00 61 7 3112 2925 (QLD is UK time +10 hours at this time of year).

[/QUOTE]

I asked why? Alan replied:

I'm happy to be corrected, but believe the practical issue with being admitted to a State or Territory Law Council is that the process involves a period of time in Australia (maybe working under supervision) before one can obtain the migration skills assessment letter.

Unless one can find a law firm that is happy to sponsor under (say) subclass 457 - and I know that some firms in Australia do this - it becomes logistically very difficult to migrate under the general skilled program as a Solicitor.

Now - Alan is absolutely right on both counts, so this "alternative occupation" idea is well & truly clever on both counts.

Here is the description of the occupation:

Business and Information Professionals not elsewhere classified 2299-79 - Australian Skills Recognition Information

I would guess that a barrister would have a similar problem:

A-Z Occupations List - Australian Skills Recognition Information

Look under Legal.

In your first post on this thread you asked how soon a migrating relly with PR would be able to sponsor you.

To answer your question narrowly, "As soon as s/he has unpacked his/her bags" according to my friend Nigel Dobbie, who is one of the Brightest Bunnies in the whole visa game:

Dobbie and Devine Immigration Lawyers Pty Ltd

Nigel mainly does top end, seriously heavyweight litigation against the Minister for Immi. He's not really a "visa processor", which is a bit like domestic conveyancing.

Forget the two years you have read about. That is only relevant to Family Stream visas in which the assumption is that the incoming migrant relly has no skills and speaks no English either. In those cases the sponsoring relly might be called upon to support the new migrant financially etc, but skilled migrants can usually fend for themselves OK. Hence no need for the relly of a skilled migrant to be "settled."

What relationship is this relly of yours to you, and where will s/he be living, please? This is relevant to the question of which visa you might consider applying for, and your points total for it.

A close relly (parent, sibling, uncle or aunt) could sponsor you for a subclass 176 visa, which would give you Permanent Residency on Day One:

Skilled – Sponsored (Migrant) visa (subclass 176)

Skilled – Sponsored (Migrant) visa (subclass 176)

100 points are needed in total but the Relly is unable to contribute any points. However you automatically get 15 points for Competent English. You should be able to get another 10 points for Proficient English via scoring 7.0 or above in each of the four modules of the General Test in the IELTS if you need to:

IELTS: International English Language Testing System

I'd say put 25 for English. You are unlikely to come unstuck on the IELTS.

For the 176 visa, the relly can live anywhere in Oz and you can live wherever you like as well. You can do whatever job you like on a 176 visa, including selling ice cream on a beach if you wish or simply loafng on the beach instead if you prefer.

If your relly is a first cousin, it is less strightforward. If your relly chooses to live in Regional Oz, then s/he could potentially sponsor you for a subclass 475 provisional visa instead. (100 points again, this time the relly adds 25 points.)

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

Anybody more distant than a first cousin would not be able to sponsor you at all, though.

Both of the above are GSM visas, therefore you need to read Booklet 6:

Australian General Skilled Migration Booklet

However if you are a FILex without a degree, none of the above is possible because of Vetassess:

Qualification Assessment

If you read the stuff in the right hand column, a collection of qualifications which together ought to equate to a degree will not suffice. They have to see a single qualification called a Degree and there is no way around it.

You have to get a positive skills assessment before you can apply for a GSM visa and with a GSM visa you must be under 45 on the day when your visa application reaches DIAC. (On line and as far as they are concerned the World Clock is set to Canberra Local Time.)

Best wishes

Gill

[kusanagi]

Hello adv

First things first, please!



What sort of lawyer, please? Solicitor, barrister or FILex? If FILex, do you have a degree?

How old are you, please?

Go Matilda is a migration agency with an excellent reputation. Alan Collett is the boss of it:

Go Matilda - Your Gateway to Australia - Contact and Feedback

He is in their Melbourne office. If you scroll the link upwards you get the office details. On another thread this morning, Alan told a newly qualified solicitor:

I asked why? Alan replied:



Now - Alan is absolutely right on both counts, so this "alternative occupation" idea is well & truly clever on both counts.

Here is the description of the occupation:

Business and Information Professionals not elsewhere classified 2299-79 - Australian Skills Recognition Information

I would guess that a barrister would have a similar problem:

A-Z Occupations List - Australian Skills Recognition Information

Look under Legal.

In your first post on this thread you asked how soon a migrating relly with PR would be able to sponsor you.

To answer your question narrowly, "As soon as s/he has unpacked his/her bags" according to my friend Nigel Dobbie, who is one of the Brightest Bunnies in the whole visa game:

Dobbie and Devine Immigration Lawyers Pty Ltd

Nigel mainly does top end, seriously heavyweight litigation against the Minister for Immi. He's not really a "visa processor", which is a bit like domestic conveyancing.

Forget the two years you have read about. That is only relevant to Family Stream visas in which the assumption is that the incoming migrant relly has no skills and speaks no English either. In those cases the sponsoring relly might be called upon to support the new migrant financially etc, but skilled migrants can usually fend for themselves OK. Hence no need for the relly of a skilled migrant to be "settled."

What relationship is this relly of yours to you, and where will s/he be living, please? This is relevant to the question of which visa you might consider applying for, and your points total for it.

A close relly (parent, sibling, uncle or aunt) could sponsor you for a subclass 176 visa, which would give you Permanent Residency on Day One:

Skilled – Sponsored (Migrant) visa (subclass 176)

Skilled – Sponsored (Migrant) visa (subclass 176)

100 points are needed in total but the Relly is unable to contribute any points. However you automatically get 15 points for Competent English. You should be able to get another 10 points for Proficient English via scoring 7.0 or above in each of the four modules of the General Test in the IELTS if you need to:

IELTS: International English Language Testing System

I'd say put 25 for English. You are unlikely to come unstuck on the IELTS.

For the 176 visa, the relly can live anywhere in Oz and you can live wherever you like as well. You can do whatever job you like on a 176 visa, including selling ice cream on a beach if you wish or simply loafng on the beach instead if you prefer.

If your relly is a first cousin, it is less strightforward. If your relly chooses to live in Regional Oz, then s/he could potentially sponsor you for a subclass 475 provisional visa instead. (100 points again, this time the relly adds 25 points.)

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

Anybody more distant than a first cousin would not be able to sponsor you at all, though.

Both of the above are GSM visas, therefore you need to read Booklet 6:

Australian General Skilled Migration Booklet

However if you are a FILex without a degree, none of the above is possible because of Vetassess:

Qualification Assessment

If you read the stuff in the right hand column, a collection of qualifications which together ought to equate to a degree will not suffice. They have to see a single qualification called a Degree and there is no way around it.

You have to get a positive skills assessment before you can apply for a GSM visa and with a GSM visa you must be under 45 on the day when your visa application reaches DIAC. (On line and as far as they are concerned the World Clock is set to Canberra Local Time.)

Best wishes

Gill[/QUOTE]
Hi Gill,

I have a sister who works as a nurse in OZ and she just got her PR visa this month of Aug 2009. Is she eligible to sponsor me for the 176 relative skilled migrant visa?

Here are my details:
1. Age - turning 28 this september so that give's me 30 pts
2. Skills - I already have a positive skills assessment from ACS with ASCO code 2231-17 and is valid for one year from Jan 2009. This gives me 60pts
3. English - already took the IELTS and got overall band score of 7.5. Got 8 in speaking and listening but only 6.5 for reading and writing so that will give me 15 pts only
4. Specific Employment - 10pts

This gives me a TOTAL of 115 pts only. I have applied for state sponsorship in QLD and was received April 14. Unfortunately, QLD has been flooded with a lot of applications and though as much as I would like to be sponsored by QLD to take advantage of priority in processing, I am doubtful that my skills assessment will be expired and I will not be able to lodge my visa application if I wait for QLD.

Now that my sister has been granted her PR visa, she is eligible to sponsor me, right? I have been reading the immi.gov.au website and it is not stated how long one needs to be a PR to be able to sponsor a relative for 176

Skilled – Sponsored (Migrant) Visa (Subclass 176)

My sister and her husband are both nurses from UK who got employer sponsorship to OZ just this Jan 2009 and they both got their PR just this Aug 2009. Can my sister sponsor me even if she just got her PR less than a month and has been living in OZ for less than a year?

[kusanagi]

Hi Gill,

I have a sister who works as a nurse in OZ and she just got her PR visa this month of Aug 2009. Is she eligible to sponsor me for the 176 relative skilled migrant visa?

Here are my details:
1. Age - turning 28 this september so that give's me 30 pts
2. Skills - I already have a positive skills assessment from ACS with ASCO code 2231-17 and is valid for one year from Jan 2009. This gives me 60pts
3. English - already took the IELTS and got overall band score of 7.5. Got 8 in speaking and listening but only 6.5 for reading and writing so that will give me 15 pts only
4. Specific Employment - 10pts

This gives me a TOTAL of 115 pts only. I have applied for state sponsorship in QLD and was received April 14. Unfortunately, QLD has been flooded with a lot of applications and though as much as I would like to be sponsored by QLD to take advantage of priority in processing, I am doubtful that my skills assessment will be expired and I will not be able to lodge my visa application if I wait for QLD.

Now that my sister has been granted her PR visa, she is eligible to sponsor me, right? I have been reading the immi.gov.au website and it is not stated how long one needs to be a PR to be able to sponsor a relative for 176

http://www.immi.gov.au/skilled/gener...ve-sponsor.htm

My sister and her husband are both nurses from UK who got employer sponsorship to OZ just this Jan 2009 and they both got their PR just this Aug 2009. Can my sister sponsor me even if she just got her PR less than a month and has been living in OZ for less than a year?

My second question is can I lodge 176 relative sponsor visa and then convert to 176 state sponsor visa when my QLD state nomination result arrives?

Thank you in advance for your reply.

P.S. Sorry for the double post. I am having problems with my internet.

[The "legdes"]

Hi There,

I haven't read through the very detailed responses you have rec'd but what I can say is we used a reputable MARA agent and although we eventually converted to a state sponsored visa (so we could get on the priority list) initially we were family sponsored by our brother who had only validated his PR visa 6 month before we lodged. Our agent obviously thought that was OK. Our brother had a job, bank account and kids in schools so he said that would be OK. Hope this helps too.

[Rocker]

lot of confusion on this 2 years thing.. i have this post running and got very different responses

http://www.pomsinoz.com/forum/migrat...sis-176-a.html

Gill I have no doubts in your statement saying:

Forget the two years you have read about.

Just need your final verdict so that we can start the immigtaion (sub class 176) and sponsorship process :spinny:

[Gollywobbler]

Hi All

The "settled sponsor" idea only applies with Family Stream visas, principally Parent and Remaining Relative Visas. The reason for it with Family Stream visas is because DIAC reduce everything to the lowest common denominator, so they assume that the relly has no skills and can't speak a word of English either, plus visa applicant rellies are not means tested in any way.

Centrelink administers the Social Security system in Oz:

Centrelink - Giving you options

It is usually impossible for a new Family Stream arrival in Oz to claim anything from Centrelink during his/her first two years in Oz short of a calamity such as a bush fire destroying his/her home etc.

Therefore the Govt wants to be reassured that the family members already in Oz will ensure that the new arrival is not left to sleep in shop doorways and depend on soup kitchens for food & the cast-offs from op shops for clothes. To this end they require that one of the rellies already in Oz must sponsor the visa applicant relly. The Sponsor assures the Government that s/he will ensure that the arriving relly is properly provided for during the first two years. It is unrealistic to suppose that somebody can make a viable commitment of this sort unless his/her own situation in Oz has become settled and secure first.

************************************************** *********
With the skilled 176 visa, different considerations apply. The visa applicant relly has a viable skill, can speak English and should be able to get a job - not the Ideal Job but a job - reasonably quickly.

Therefore the "settled" idea does not apply because it is not necessary.

Cheers

Gill

[Rocker]

Hi All

The "settled sponsor" idea only applies with Family Stream visas, principally Parent and Remaining Relative Visas. The reason for it with Family Stream visas is because DIAC reduce everything to the lowest common denominator, so they assume that the relly has no skills and can't speak a word of English either, plus visa applicant rellies are not means tested in any way.

Centrelink administers the Social Security system in Oz:

Centrelink - Giving you options

It is usually impossible for a new Family Stream arrival in Oz to claim anything from Centrelink during his/her first two years in Oz short of a calamity such as a bush fire destroying his/her home etc.

Therefore the Govt wants to be reassured that the family members already in Oz will ensure that the new arrival is not left to sleep in shop doorways and depend on soup kitchens for food & the cast-offs from op shops for clothes. To this end they require that one of the rellies already in Oz must sponsor the visa applicant relly. The Sponsor assures the Government that s/he will ensure that the arriving relly is properly provided for during the first two years. It is unrealistic to suppose that somebody can make a viable commitment of this sort unless his/her own situation in Oz has become settled and secure first.

************************************************** *********
With the skilled 176 visa, different considerations apply. The visa applicant relly has a viable skill, can speak English and should be able to get a job - not the Ideal Job but a job - reasonably quickly.

Therefore the "settled" idea does not apply because it is not necessary.

Cheers

Gill

love you

[zaparri]

Hi,
... a relative who is eligible to sponsor.. i.e must either be an Aus citizen, permanent resident (or an eligible New Zealander-these are NZ citizens who arrived in Aus pre 26/02/01), does not require to have lived in Aus for 2 years. Immigration, however, would like to see that the sponsor can demonstrate that they are able to financially support the applicant for at least 2 years due to the preclusion period for Social Security benefits.
hope this helps

Hi to all on these forums.

Does anyone know how long after someone (eligible relative) who has just emigrated to WA, from the UK on a PR visa, has to have lived as a permanent resident in Aus, before they can sponsor someone under a 176 visa?

I appreciate it will be subject to fulfilment of the usual sponsorship obligations and a requirement to obtain a positive skills assessment etc.

From research I can see a period of 2 years being mentioned, but not sure in what context i.e. sponsorship form 1277 refers to the last 2 years etc..

Any views, experiences and or definite confirmations would be greatly received.


Thanks.

[Gollywobbler]

love you

xx