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Dad come to Australia by CPV, then sponsor mom by Spouse Visa


OZbunny

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Hi everyone,

I am planning to sponsor my dad to Australia by applying for visa 143. I am well awared that nowadays it might take more than 3 years for Immi to finallize a parent visa application.

Our plan is to sponsor my dad first. Reason is dad has already retired while my mom is still working. She will not retire until next 3 years. So if we start to apply 143 for my dad now, wait 3 years later for result, then my dad as a Permanent resident can sponsor my mom by applying for spouse visa.

I wish we can just apply visa 143 for both parents at once. However the fee (86k) for 2 people is pretty high for us to handle.

Has any of you done this way before? And how do you think about it?

Thank you and have a good day

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I haven't heard of it before (but doesn't mean it hasn't been done).  How would the balance of family test work if your parents are married but only one is applying for migration? Perhaps run it by a migration agent.

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15 minutes ago, ali said:

I haven't heard of it before (but doesn't mean it hasn't been done).  How would the balance of family test work if your parents are married but only one is applying for migration? Perhaps run it by a migration agent.

I asked this some time ago slightly tongue in cheek, and one of the MA's,can't remember who, said that this loophole had been closed.

Wont hurt to ask an MA.

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1 hour ago, ali said:

I haven't heard of it before (but doesn't mean it hasn't been done).  How would the balance of family test work if your parents are married but only one is applying for migration? Perhaps run it by a migration agent.

Thanks Ali for your comment. However I dont think there is any problem with balance of family test since the test only concerns about number of children

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47 minutes ago, ramot said:

I asked this some time ago slightly tongue in cheek, and one of the MA's,can't remember who, said that this loophole had been closed.

Wont hurt to ask an MA.

Thanks Ramot. Someone just told me about this strategy and I think maybe I can just give it a try

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1 hour ago, OZbunny said:

Thanks Ramot. Someone just told me about this strategy and I think maybe I can just give it a try

Just "giving it a try" would be a heck of a lot of money gone if it doesn't work - a CPV for one person is over $60k. If you get a refusal you do not get a refund though they may (often do) apply a ban on reapplying for any other visa for several years. 

Consult an agent. 

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Guest The Pom Queen

Hi @OZbunny I agree with the others, I’m sorry it’s not the news you want to hear, but I wouldn’t want you just throwing away all that money. Have a chat with @Alan Collett and if you haven’t done already I suggest reading through this thread all about Parent Visas and changes. There are over 16,000 posts on there so it may be easier to ask your questions on there. 

‘Please let us know how you go on with this.

 

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8 hours ago, ramot said:

I asked this some time ago slightly tongue in cheek, and one of the MA's,can't remember who, said that this loophole had been closed.

Wont hurt to ask an MA.

You are correct, it was a massive loophole that was closed a few years back. 

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42 minutes ago, Raul Senise said:

This loophole was closed in 2009.

If you are granted a Contributory Parent visa you cannot sponsor your partner for five years from the date your Contributory Parent visa is granted.

 

Thanks Raul Senise, it is definitely useful to know that

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1 hour ago, Raul Senise said:

This loophole was closed in 2009.

If you are granted a Contributory Parent visa you cannot sponsor your partner for five years from the date your Contributory Parent visa is granted.

 

I am not seriously considering this in any way, but hyperthetically as we already live in Oz on a retirement visa, could one of us apply, stay together ie one staying on the 410 visa then after 5 years sponsor the other? 

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2 hours ago, OZbunny said:

Thanks Raul Senise, it is definitely useful to know that

 

3 hours ago, Raul Senise said:

This loophole was closed in 2009.

If you are granted a Contributory Parent visa you cannot sponsor your partner for five years from the date your Contributory Parent visa is granted.

 

So, trying to get my head round it all. 

 Say in that time they may live apart in different countries, maintain their lives in both places (possibly, just throwing it out there) or live in one place (off shore?) and then lodge a partner visa application 5 years after grant of the parent visa. 

Just curious how it would work as thats a long time and things can change, ie the person without the visa waiting to apply for a partner visa could run into some ill health that would see them denied a partner visa perhaps? Or immigration may move the goalposts and change the waiting period or increase the cost of a partner visa.

I'd sooner suck up the $40K if it were going and not have to be stressed and not knowing for so long. Its pretty hard to live in limbo waiting for a visa application that is going to be years away in the future, where much can change on both sides before you come round to applying for it.  I'm not sure when all is said and done if its worth it financially or emotionally o.O:/

 

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16 hours ago, snifter said:

 

So, trying to get my head round it all. 

 Say in that time they may live apart in different countries, maintain their lives in both places (possibly, just throwing it out there) or live in one place (off shore?) and then lodge a partner visa application 5 years after grant of the parent visa. 

Just curious how it would work as thats a long time and things can change, ie the person without the visa waiting to apply for a partner visa could run into some ill health that would see them denied a partner visa perhaps? Or immigration may move the goalposts and change the waiting period or increase the cost of a partner visa.

I'd sooner suck up the $40K if it were going and not have to be stressed and not knowing for so long. Its pretty hard to live in limbo waiting for a visa application that is going to be years away in the future, where much can change on both sides before you come round to applying for it.  I'm not sure when all is said and done if its worth it financially or emotionally o.O:/

 

I would imagine also, that if you have to live apart for 5 years, it may be difficult to prove your relationship for the partner visa when one has chosen to start a new life away from their partner.

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On 4/20/2018 at 18:49, snifter said:

So, trying to get my head round it all. 

 Say in that time they may live apart in different countries, maintain their lives in both places (possibly, just throwing it out there) or live in one place (off shore?) and then lodge a partner visa application 5 years after grant of the parent visa. 

Just curious how it would work as thats a long time and things can change, ie the person without the visa waiting to apply for a partner visa could run into some ill health that would see them denied a partner visa perhaps? Or immigration may move the goalposts and change the waiting period or increase the cost of a partner visa.

I'd sooner suck up the $40K if it were going and not have to be stressed and not knowing for so long. Its pretty hard to live in limbo waiting for a visa application that is going to be years away in the future, where much can change on both sides before you come round to applying for it.  I'm not sure when all is said and done if its worth it financially or emotionally.

Yes, the requirement was put in place to make it impractical to try and use the loophole to avoid the costs of the contributory parent visa.

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