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870 parents temporary visa

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Refusal on¬†870 Sponsorship was received yesterday ūüėě

As was predicted by @Alan Collett, the reason was in our UK tax assessments (HMRC) attached to our application. We did not have the ATO assessments completed yet, as these were not legally required - we were deemed non-tax-residents in 2018.

I made wrong assumption that immi PVC would request additional information if UK tax paperwork doesn't qualify. However, they simply refused and suggested we can appeal to the tribunal (AAT). 

Guys, we would greatly appreciate experienced members advice. We now have submitted our UK income for ATO verification. Expecting ATO assessment in a couple of weeks.

How should we proceed now with the 870 sponsorship application? Should we go for appeal via the Tribunal or submit a new application  for 870 with ATO assessments attached?

Many thanks.


143 applied October 2019 - Acknowledgement 29 Oct 2019

870 Sponsorship applied 17 April 2019 - Rejected 6 Aug 2019

870 Sponsorship re-applied 23 Oct 2019 - Approved 20 Nov 2019

870 (5 year) applied 12 Dec 2019 - medical requested 12 Dec 2019 - medical done 26 Dec 2019

Evidence of health insurance and 2nd VAC requested - Parent (1) 29 Jan 2020, Parent (2) 21 Feb 2020

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Sponsorship Refusal - I'm so confused and totally gutted!

Sorry to hear of your sponsorship refusal Paulie, I hope someone can give you some good advice on how to move forward.

I too, after waiting for 131 days have also been refused as a sponsor for my Mum for financial reasons. I am very upset and confused by the decision, as I thought the income threshold was a household income, not individual. 

The letter states that I must earn a taxable income of at least half the $83,484 pa, even though my husband's income is over 2.5 times the required amount. Did I miss this requirement for my income level on the application? I just thought it was the total household income.

What happens if one partner doesn't work at all? Does that mean their parent can't apply for a 870, but the partner who earns above that can? Is this right? Could my husband sponsor my Mum or only a blood parent? 

I'm in tears over this and such crap timing being informed at the weekend¬†so I can't speak to anyone at Immi, but I'm sure they do that on purpose¬†ūüė•


CPV 143 applied June 2017

870 Sponsorship applied 29 April - Rejected 6 Sept  - 2nd 870 Sponsorship applied 20 Sept - Approved 27 Sept

870 (5 year) applied 29 Sept - medical requested 7 Oct - medical done 14 Oct

Evidence of health insurance and 2nd VAC requested / paid - 22 Oct

870 5 year visa - Approved 28 Oct 2019¬†ūüėÄ

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I believe your husband could act as sponsor as the website says 

Be suitable to sponsor

To be eligible as a Parent Sponsor, you must be at least 18 years of age and be the child of the prospective visa applicant (or the child’s spouse or de facto partner).

Edited by LindaH27

143 lodged 21 June 2017

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Just now, LindaH27 said:

I believe your husband could act as sponsor as the website says 

Be suitable to sponsor

To be eligible as a Parent Sponsor, you must be at least 18 years of age and be the child of the prospective visa applicant (or the child’s spouse or de facto partner).

Thanks for this Linda. My head is just all over the place at the moment.

I'm so annoyed that I must of missed the details of the income requirements. Plus I do actually earn over half the amount needed, but I do salary packaging at one of my part time jobs ($11,500 extra in my pay) and salary sacrifice into my Super at the other, but these don't show up on my tax assessment as taxable income. I guess I will have to apply again with my husband as the Sponsor this time. 


CPV 143 applied June 2017

870 Sponsorship applied 29 April - Rejected 6 Sept  - 2nd 870 Sponsorship applied 20 Sept - Approved 27 Sept

870 (5 year) applied 29 Sept - medical requested 7 Oct - medical done 14 Oct

Evidence of health insurance and 2nd VAC requested / paid - 22 Oct

870 5 year visa - Approved 28 Oct 2019¬†ūüėÄ

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Feel for you, @VictoriaP. Whoever designed this application system did a lame job in a rush for elections. I would never imagine that they would simply refuse sponsorship without giving a chance to provide further evidence. Especially considering the cost of the application and the waiting time...

From what I read - I guess we now better re-apply, as there is no review option rather than going to the AAT, which takes years.

If anyone may suggest there is another option to appeal directly to the case officer - pls kindly advise. 

Does anyone know if the "application refused" - means that the case is officially closed or there is still a chance for dialog? Thanks.


143 applied October 2019 - Acknowledgement 29 Oct 2019

870 Sponsorship applied 17 April 2019 - Rejected 6 Aug 2019

870 Sponsorship re-applied 23 Oct 2019 - Approved 20 Nov 2019

870 (5 year) applied 12 Dec 2019 - medical requested 12 Dec 2019 - medical done 26 Dec 2019

Evidence of health insurance and 2nd VAC requested - Parent (1) 29 Jan 2020, Parent (2) 21 Feb 2020

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1 hour ago, Paulie said:

Feel for you, @VictoriaP. Whoever designed this application system did a lame job in a rush for elections. I would never imagine that they would simply refuse sponsorship without giving a chance to provide further evidence. Especially considering the cost of the application and the waiting time...

From what I read - I guess we now better re-apply, as there is no review option rather than going to the AAT, which takes years.

If anyone may suggest there is another option to appeal directly to the case officer - pls kindly advise. 

Does anyone know if the "application refused" - means that the case is officially closed or there is still a chance for dialog? Thanks.

Yep, I'm pretty annoyed that there is no easy way to appeal. I'm just going to reapply using my husband as the sponsor (and pay AGAIN!) I just haven't got it in me to fight.

The whole process of getting my Mum here is so stressful anyway, without this. She's only just over 2 years in to the 143 queue, so don't expect that to be processed for another 3 years or so. It would be nice if that comes through before the 3 year 870 expires (if she ever gets one), but you know what will happen? The 3yr 870 will expire before the 143 is approved and she'll have to pay another $5,000 for another 3yr 870 visa, on top of the $48,000 for the 143!! It's just getting ridiculously expensive.

I know she could apply for a 5yr 870 visa initially, but it just doesn't make financial sense to be pay double the price for only 2 extra years, who thought that one up anyway? (sigh)


CPV 143 applied June 2017

870 Sponsorship applied 29 April - Rejected 6 Sept  - 2nd 870 Sponsorship applied 20 Sept - Approved 27 Sept

870 (5 year) applied 29 Sept - medical requested 7 Oct - medical done 14 Oct

Evidence of health insurance and 2nd VAC requested / paid - 22 Oct

870 5 year visa - Approved 28 Oct 2019¬†ūüėÄ

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I'm afraid that as a rule you elevate the risk of an adverse outcome if you lodge an application without the assistance of a registered migration agent who is experienced in these matters.

The requirements as to the sponsors income have been known for several months now, including the taxable income requirement as per the ATO issued tax assessment notice for the last financial year.

I've written blogs on the subject, and other agents are doing likewise.

Similarly the Department is at liberty to make decisions on the information and documentation presented.   The time when case officers would invite applicants to submit additional paperwork is now in the memory - you've got to get it right first time and to submit relevant documentation soon after the application is lodged.

Best regards.

 

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Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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This might interest anyone who wants to apply for TR870 and then Parents PR Visa. I am unsure, but looks like we cant apply both at the same time. Or can we still even apply for Parents PR if we hace ever gotten TR870? If anyone has info, please share. Thank you

https://www.australiavisa.com/immigration-news/the-870-visa-trap-given-with-one-hand-and-taken-away-with-the-other/

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11 minutes ago, Jessjessjess said:

This might interest anyone who wants to apply for TR870 and then Parents PR Visa. I am unsure, but looks like we cant apply both at the same time. Or can we still even apply for Parents PR if we hace ever gotten TR870? If anyone has info, please share. Thank you

https://www.australiavisa.com/immigration-news/the-870-visa-trap-given-with-one-hand-and-taken-away-with-the-other/

Your interpretation is not correct.

You cannot apply for a CP visa if you have been granted an 870 visa and it is in effect.

Please ... take professional advice if you are not sure what you are doing.    Getting it wrong will cause much family angst and disappointment.

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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Thank you @Alan Collett so we can apply for Parents PR before we get TR870 or after TR870 expired, just not when TR870 is in effect. Can we apply for TR870 after applying for parents PR, and can the parents PR be granted (not applied) when TR870 is in effect?

 

There is no limitation on applying for spouse PR when TR870 is in effect, or is there?

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7 hours ago, Jessjessjess said:

Thank you @Alan Collett so we can apply for Parents PR before we get TR870 or after TR870 expired, just not when TR870 is in effect. Can we apply for TR870 after applying for parents PR, and can the parents PR be granted (not applied) when TR870 is in effect?

 

There is no limitation on applying for spouse PR when TR870 is in effect, or is there?

Can I respectfully recommend that you pay for professional advice if this is a strategy on which you will be relying.

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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I got refused sponsorship today Saturday! And my husband and me income more than they requested, what can we do? Please send my qq email for Chinese and we trying to sort out! Who is the if can help? Thanks.  

Edited by MaggieMay24
Removed email

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A "not qualified", I can't find any other reason, not qualified for what I don't understand. Please send me QQ email talk to Chinese, I hope we can together sort out. 

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Sorry I’m not Chinese so can’t help with email. . I believe if it’s a joint application for sponsorship because the main applicant can’t reach the stipulated income on their own they still have to have 50% of that income. You also need to be permanent residents of at least 4 years in Australia.  

I would suggest you check all the eligibility conditions on immi website or check with your agent if you have one 


143 lodged 21 June 2017

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Yes, I'm more than half of total our income and more than 4 years. Do you know some agent? You not Chinese want you apply 870?

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There are reputable agents On the forum  @Alan Collett is very experienced - you could try him. 

Bear in mind you will have to pay for professional advice 

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143 lodged 21 June 2017

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there was another agent on the first page of this forum as well I reckon by the name of Lisa De Leon.. or just google for Chinese MARA agents in your town. 


CPV 143 Applied on 05/07/2017

Acknowledged on 16/09/2017

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A question please for anyone already having been granted their 870 Visa: I have been asked to provide evidence of Health Insurance sufficient to cover condition 8501.  I thought I was able to do so so uploaded my policy details and it transpired that my insurance isn't adequate! I am now on the look out for a reasonably priced Health Insurance that is.  Can anyone advise please? I have contacted HCF, HBF & Allianz so far but looked online at others - as the Visa is a new subclass it seems that some of the insurance companies aren't set up for this yet.  That or the agents aren't yet up to speed.  Waiting on a call back from Medbank and will call BUPA tomorrow.

Thanks for any advice in advance. 

Sue


CPV 143 Acknowledged 3rd November 2016, Visitor Visa 600 (Tourist) Acknowledged 11th May 2017, Sponsorship submitted for 870 21st May Approved 29th July, Police checks submitted 6th August, Medical completed, 2nd VAC and Health Insurance evidence requested 16th Sept. 870 Visa granted 19/09/19!

 

 

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On 26/08/2019 at 09:28, Shane2019 said:

Thought you were talking about 870. My bad.

Sorry Shane2019 I was talking about the 870 - it just seems to me that the requirements for the 870 and almost the same as for the 143.

Sue


CPV 143 Acknowledged 3rd November 2016, Visitor Visa 600 (Tourist) Acknowledged 11th May 2017, Sponsorship submitted for 870 21st May Approved 29th July, Police checks submitted 6th August, Medical completed, 2nd VAC and Health Insurance evidence requested 16th Sept. 870 Visa granted 19/09/19!

 

 

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On 26/08/2019 at 01:26, Anks said:

Thanks @Suzyq, how long did the entire process took for you?

Can we still apply for the sponsorship part when the applicant is onshore?

You should be able to see my signature, if you're on the website and not just looking at the email notications. 

I applied for the visa on 6th August so it's been 6 weeks today so far. But had I had the right type of insurance sorted out I think I may have been granted it today.  So 6 weeks really. For the Visa  itself I understand you can complete most of the process on shore but you must actually apply off shore unless you have special circumstances- and I don't know what they may be. I actually made my submission on the morning of the day I flew to Australia. I don't think it matters where you are when your sponsor makes their application, but you need that granted before you can apply for the visa.

Edited by Suzyq

CPV 143 Acknowledged 3rd November 2016, Visitor Visa 600 (Tourist) Acknowledged 11th May 2017, Sponsorship submitted for 870 21st May Approved 29th July, Police checks submitted 6th August, Medical completed, 2nd VAC and Health Insurance evidence requested 16th Sept. 870 Visa granted 19/09/19!

 

 

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Visa granted this morning! Yay!

 

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CPV 143 Acknowledged 3rd November 2016, Visitor Visa 600 (Tourist) Acknowledged 11th May 2017, Sponsorship submitted for 870 21st May Approved 29th July, Police checks submitted 6th August, Medical completed, 2nd VAC and Health Insurance evidence requested 16th Sept. 870 Visa granted 19/09/19!

 

 

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