ljwalvin Posted May 20, 2019 Share Posted May 20, 2019 Hi guys, My mum is the holder of a 143 visa of which I was the sponsor. My dad is not. We did not apply the visa for him at the time of application because 1)he was not yet keen to come to Australia and 2)we did not have enough money. From what I understand, the holder of a 143 visa is not allowed to sponsor anyone until 5 years from approval of the visa. My dad however, is ready to retire and come to Australia. The problem we have at the moment is that her 5 years residency does not finish until Feb 2022. This, my mum and dad feels is too long. As such, I was thinking of applying the 870 (3 year parent visa) for him until the time comes for him to apply the 309/100 spouse visa. My question then is will such a visa strategy pose a problem? Does it seem dodgy to go down from a parent visa then to a spouse visa? Also, given that they have been married for 40 years, will the 309/100 visa be approved in a short period of time once she's approved to be a sponsor? I thought I have read somewhere that long term partners are processed fairly quickly. Any input will be much appreciated! Quote Link to comment Share on other sites More sharing options...
Nemesis Posted May 21, 2019 Share Posted May 21, 2019 (edited) 6 hours ago, ljwalvin said: Hi guys, My mum is the holder of a 143 visa of which I was the sponsor. My dad is not. We did not apply the visa for him at the time of application because 1)he was not yet keen to come to Australia and 2)we did not have enough money. From what I understand, the holder of a 143 visa is not allowed to sponsor anyone until 5 years from approval of the visa. My dad however, is ready to retire and come to Australia. The problem we have at the moment is that her 5 years residency does not finish until Feb 2022. This, my mum and dad feels is too long. As such, I was thinking of applying the 870 (3 year parent visa) for him until the time comes for him to apply the 309/100 spouse visa. My question then is will such a visa strategy pose a problem? Does it seem dodgy to go down from a parent visa then to a spouse visa? Also, given that they have been married for 40 years, will the 309/100 visa be approved in a short period of time once she's approved to be a sponsor? I thought I have read somewhere that long term partners are processed fairly quickly. Any input will be much appreciated! The five year residency requirement was put in place to stop people trying to use the Spouse Visa as a replacement for the more expensive parental visa. However if they want to be apart for several years I guess thats their own business. Bear in mind that when applying for the Spouse Visa they will have to prove how they maintained their relationship whilst living apart for so long. Length of time they have been married will have no bearing at all on the processing time, they will go ingo the queue with everyone else. Presumably your mum declared your dad as a non-migrating dependent when she applied for her own visa? Edited May 21, 2019 by Nemesis Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 21, 2019 Share Posted May 21, 2019 7 hours ago, ljwalvin said: Hi guys, My mum is the holder of a 143 visa of which I was the sponsor. My dad is not. We did not apply the visa for him at the time of application because 1)he was not yet keen to come to Australia and 2)we did not have enough money. From what I understand, the holder of a 143 visa is not allowed to sponsor anyone until 5 years from approval of the visa. My dad however, is ready to retire and come to Australia. Unfortunately that's the consequence of the decision they made. He'll have to wait the 5 years. You could try consulting a good agent to see if they can spot a way around it. Quote Link to comment Share on other sites More sharing options...
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