Visa 143 (Contributory parent visa) - length of stay and dependant

[Mickhs]

Hi everyone,

 

I am a permanent resident in Oz and I'm about to sponsor my parents to come and stay in Australia with me on visa 143 (PR), which costs 40k/ adult. There are some questions that I want to clear before they apply, would really appreciate you help

 

My parents have a wholesale business in Vietnam that earns them quite a bit of money, my dad is 56 and mom is 51. Since I'm residing in Australia, they wish to come and live with me once they retire. But they also need to acquire as much money as possible before they depart and live in Oz, as they don't speak a lot of English and they won't be earning any income once they are here. They figure that they can earn enough for their retirement after 8 years from now. The nature of business in Vietnam does not allow them to leave their business for too long. So the maximum amount of time they can be in Oz within 9 years from now would be about 1-2 months. Meanwhile, they will still purchase a property in Oz and pay mortgage for it.

 

I also have a brother, 15 years old, living with my parents in Vietnam. Therefore, he will be a under-18-dependant on the application. My parents have no other child.

 

1) I just got my PR recently, but I have been living in Australia for more than 2 years on other visas, and the immi website says that I have to be a "settled permanent resident". Can I sponsor my parents now or do I have to wait another 2 years to become "settled"?

 

2) If they were granted 143 Visa in say, Dec 2016, could they leave Vietnam to go and live in Australia in Nov 2021, just before the their PR expiry date, without a Resident Return Visa? After that, they won't be leaving Australia again for at least 2-3 years.

 

3) Is it possible for my brother to come and study in Australia on a student visa while my parents are waiting for their 143 Visa? If the 143 Visa was granted, does that mean my brother would become a PR and could permanently reside in Oz as well, with or without my parents being physically present in Oz?

 

4) It says on the DIAC website that they have to wait 10 years for full social benefit in Oz. Does that count from when they get their PR granted, no matter if they physically live in Oz or not?

 

5) Just to make it safe, does my brother still be counted as under-18-dependant if he exceeds the age of 18 by the time my parents 143 Visa is granted. Does his age count from when we apply, when we pay the second payment, or when the Visa is granted?

 

I thank you in advance for any contribution, no matter small or significant.

 

Regards,

 

Mickhs

[blossom]

I can answer a couple of those questions. You can't apply until you have had pr for two years.

Your brother must still be dependent at the time the visa is granted, not just applied for.

[Linday]

1) The 'settled' period is really about how settled you are in Australia, ie do you have a permanent job which you have held for a long period, rather than several different jobs in different places; have you stayed in one place, do you own a car, have children in school etc, rather than having moved around a lot. You can have been in Australia for 2 years as a permanent resident but still not be considered 'settled'. It also depends what other visas you were on as a temporary resident. You might want to take advice from a reputable agent if you intend to apply before 2 years as a permanent resident.

 

2) After visa grant your parents will have a year from the date of medicals or police checks to visit Australia to validate the visa. They then have 5 years from the date of visa grant to come and go as they please. They need to move to Australia before the five years are up. After that, if they are not citizens they will need to apply for a RRV to re-enter if they leave the country.

 

 

5) Have a look at the definition of dependent on the DIAB website:

 

http://www.immi.gov.au/migrants/family/definitions.htm#index_d

 

According to this he has to be dependent at the time of application.

[Mickhs]

I can answer a couple of those questions. You can't apply until you have had pr for two years.

Your brother must still be dependent at the time the visa is granted, not just applied for.

 

Hi Blossom79, thank you for your reply. Do you remember which part of the website says that I have to be a PR for more than 2 years to be able to sponsor my family? A link would be greatly appreciate!

[Mickhs]

1) The 'settled' period is really about how settled you are in Australia, ie do you have a permanent job which you have held for a long period, rather than several different jobs in different places; have you stayed in one place, do you own a car, have children in school etc, rather than having moved around a lot. You can have been in Australia for 2 years as a permanent resident but still not be considered 'settled'. It also depends what other visas you were on as a temporary resident. You might want to take advice from a reputable agent if you intend to apply before 2 years as a permanent resident.

 

 

 

Thank you Lindlay. If this is true, it would be a big relief.

 

I do have a job and have been working there for more than 3 years. Also we just purchased an apartment. I was on a 2 years spouse temporary residence visa, before that was a student visa.