The All New CPV thread

[BandC]

Thanks for that info Sandch. It is great to find out all this information on here, especially the sequence of events and the timelines. As we have just had our acknowledgement things will go very quiet for the next 16 months or so until we get a CO so will enjoy looking at this CPV thread and the timelines on www.sjcm.co.uk which is so helpful. I do say thank you for continuing this as you have your Visa but are still helping others

[Guest mmy]

HI hope you can help ? silly question how long does a cpv 143 visa Last ?

How long before we are able to apply for citizenship.Do we need to be in Australia for a fixed term? i.e. Can we leave oz for a month say, then return or is there a set time you have to be in the country without a break to keep to the terms of the visa ? Is there a web site where I can find this information Thank you for any help MMY

[sandch]

HI hope you can help ? silly question how long does a cpv 143 visa Last ?

How long before we are able to apply for citizenship.Do we need to be in Australia for a fixed term? i.e. Can we leave oz for a month say, then return or is there a set time you have to be in the country without a break to keep to the terms of the visa ? Is there a web site where I can find this information Thank you for any help MMY

Hello. The visa is normally for 5 years from the date it was granted, during which time you can come and go as you please (provided you have validated the visa by making initial entry before the due date). After the five years however you'll need a returning resident's visa (RRV) and to get one you'll need to show that you've spent a reasonable amount of time in Australia.

As for citizenship, check out Questions and answers on the new residence requirements

 

Other readers may have more info on the RRV.

Cheers

Steve

[Guest mmy]

Hello. The visa is normally for 5 years from the date it was granted, during which time you can come and go as you please (provided you have validated the visa by making initial entry before the due date). After the five years however you'll need a returning resident's visa (RRV) and to get one you'll need to show that you've spent a reasonable amount of time in Australia.

As for citizenship, check out Questions and answers on the new residence requirements

 

Other readers may have more info on the RRV.

Cheers

Steve

Hi ,Thanks Steve for all the info given us reassurance as its going to take a bit of time closing up all our affairs

MMY:hug:

[sandch]

Just to let everyone know the CPV dates tracker is now located at www.gainwave.co.uk

[Les Avalook]

Hi,

I am new to this site and still finding my way around.

We would like to apply for the CPV143 and would be sponsored by our son. He got married in April last year in the UK and then immigrated to Brisbane in May 2008. He has permanent residency with a 136 skills visa. He has rented for a year and last week bought his first house. Both he and his wife have had full time work in Oz since June 2008. They own 2 cars and have just got their first puppy (children must wait a while).

We understand that the policy is for the sponsor to be ‘settled’ for two years, so would we be wasting our time and money by filing an application now as by the time a case officer is appointed he will have been in Oz for more than two years?

Would we get an answer if we asked the above question to POPC or do they not comment on what the form means?

We have one other son in the UK who lives independently of us.

I guess everyone is trying to reduce the wait but we do not want to wait 2 years before applying if that is not necessary.

Thanks for any thoughts.

Les

[Guest Gollywobbler]

Helo Les

 

Welcome to Poms in Oz.

 

In order to be able to sponsor you, your son must be "a settled......Permanent Resident" of Australia at the time when the Parent application is lodged. "Settled" means, "Usually resident in Australia for a reasonable period." The two year idea is something dreamt up by DIAC's Policy section and it has no force of law - it is merely an illustrative description given in a Booklet which has no legal effect.

 

[ Our son] ....immigrated to Brisbane in May 2008. He has permanent residency with a 136 skills visa. He has rented for a year and last week bought his first house. Both he and his wife have had full time work in Oz since June 2008. They own 2 cars and have just got their first puppy (children must wait a while).

 

 

Please see these two MRT cases:

 

Sampson, Lynne Jones [2004] MRTA 7298 (4 August 2004)

 

W0506207 [2007] MRTA 500 (10 September 2007)

 

Bear in mind, too, that it takes a couple of months to get a CPV application ready for submission. It is not a 5 minute job, you will find. Download and print the Checklist for the CPV 143. It is more detailed than it might seem at first sight.

 

As it happens the sponsors in the two MRT cases bought their homes pretty quickly but nothing really turns on that. Your son has been working full time but is it a permanent job? Does he still have any financial ties with the UK?

 

One very important factor to consider with a couple such as your son and his wife is this: Somebody has to provide an Assurance of Support for a CPV applicant couple and the AOS lasts for 10 years. An individual can only Assure two adults at a time. Presumably your son will be your sponsor and your sole Assurer?

 

Assurance of Support

 

The Assurer is means-tested by Centrelink:

 

9.4 Assurance of Support Scheme

 

Up to 3 individuals can club together to provide an AoS and they need not be related to the visa applicants or to each other.

 

However, what about your daughter in law's parents? Are they also eligible to migrate to Oz? If so, are they considering the possibility? If yes, does she earn enough to be able to Assure them on her own, bearing in mind that she will not be able to ask your son to Assure her parents as well as his own? If she is earning enough at present, what about if she takes a career break for babies, or takes extended unpaid maternity leave? Or takes a less well paid, possibly part time job?

 

This must be carefully planned so as to ensure that one does not louse things up for D-i-L's Parents in the event that they are eligible for CPVs as well and choose to apply for them.

 

As long as there are no AOS headaches, though, you can apply as soon as all of you consider that your son has become fully "settled." If he had lived in Oz for 2 years or more, DIAC would not ask for much evidence about his lifestyle. However they will consider any information that you wish to supply voluntarily. The way to avoid arguments with DIAC is to pre-empt them. Study the two cases and then produce similar or comparable evidence, up front with the visa application and a letter from your son referring to the additional documents and explaining why he considers that all the additional documents evidence the notion that he is now fully "settled" in Oz.

 

Best wishes

 

Gill

[BandC]

Welcome Les,

 

Everything that Gollywobbler says is excellent. Let me tell you about our experience. One daughter went to Perth Jan 2008 on Student Visa which turned into 457 in Jan 2009 as he is now sponsored by the state as a teacher in goverment accomodation. Daughter number 2 went in April last year on a permanent visa as spouse and lives in rented accomodation. We went out for the first time in Dec and got back in February. It took us several months to get the information and documents needed to make an application for a 143 CPV.

 

Our Agent who is in Australia has lodged our application on 2nd June only 14 months since my daugher number 2 "settled" in Oz. I was concerned that it hadn't been 2 years but she has had success with visas for people who had been in Oz for a "settled" for 3 months. Besides it takes 18 months to two years to go through and they all will have been there for the 2 years required by then. Your family sounds very settled with their commitments.

 

Go for it , I just wish I had done it sooner.

[Les Avalook]

Thank you for your reply Gollywobbler,

My wife acted as agent for our son and will do the application for us; she has nearly all the paper work ready to apply but had been waiting for the 2 year rule to apply.

Now reading these threads it appears we could apply earlier. We would be their only family to move to Oz as D-I-L's father is dead and mother will not leave other children.

We are going to Oz for all of August so we could get the necessary paperwork and be ready to apply in September if this seems possible.

In these modern times would PVC take a link to photos from Facebook as evidence, as they show lots of different friends and situations? Also we would include documents, letters etc.

Would it be reasonable to state on our application that with the time to appoint a case officer our son and d-i-l will have been settled for more than 2 years?

Is PVC touchy about the time delay or is it just a fact of life?

It would be so much easier if they said for example one full year/tax year and then stuck to it.

One other question, would it be an idea to include copies of the documents the sponsor may need to provide (current payslips, evidence of major assets, bank accounts, house, letters from friends and employers etc) along with our application.

 

Thanks, Les

[Les Avalook]

Welcome Les,

 

Everything that Gollywobbler says is excellent. Let me tell you about our experience. One daughter went to Perth Jan 2008 on Student Visa which turned into 457 in Jan 2009 as he is now sponsored by the state as a teacher in goverment accomodation. Daughter number 2 went in April last year on a permanent visa as spouse and lives in rented accomodation. We went out for the first time in Dec and got back in February. It took us several months to get the information and documents needed to make an application for a 143 CPV.

 

Our Agent who is in Australia has lodged our application on 2nd June only 14 months since my daugher number 2 "settled" in Oz. I was concerned that it hadn't been 2 years but she has had success with visas for people who had been in Oz for a "settled" for 3 months. Besides it takes 18 months to two years to go through and they all will have been there for the 2 years required by then. Your family sounds very settled with their commitments.

 

Go for it , I just wish I had done it sooner.

 

Thanks BandC for your comments, have you just submited the 143 with the required documents or have you added extra evidence?

 

Your time frame appears to be similar to ours.

 

Regards Les

[BandC]

Hi Les,

 

Our Agent has taken proof of loans for car, rental agreement and permanent job references. Daughter No 2 works for very large, well known financial institution in Perth. She is our official sponsor, although daughter no 2 will probably be in the same position of assurance by the time we get a case officer.

 

Daughter no 2 had to supply evidence of settlement too. My son in law studied at Edith Cowan in Perth for one year to get teaching qualification and education department sponsorship. He was fortunate enough to be the last one to be granted this and is at present teaching and has a state house. My daughter also works at the school. So as you can tell all different evidence seems to be accepted under "settled" so send as much as you can. The timeline is kept up to date by sandch. The link is www.gainwave.co.uk you will enjoy being involved with this thread as it is a long lonely wait otherwise. We do not expect to hear anything until maybe September 2010 for a case officer if they are dealing with March 2008 at the moment. It seems there is nothing you can do once the application is lodged but wait. our best wishes and come and join us on the timeline.

[BandC]

Les, Avalook at this too EVEN NEWER SPARKLY contributory parents visa thread!!! - Page 33 : British Expat Discussion Forum

 

I am finding everything on line so helpful and learning a lot!

[Guest Gollywobbler]

Hi Les

 

In these modern times would PVC take a link to photos from Facebook as evidence, as they show lots of different friends and situations? Also we would include documents, letters etc.

 

 

Nooooo Government Department would take anything on Facebook at face value, my friend! Neither would the Court.

 

We are going to Oz for all of August so we could get the necessary paperwork and be ready to apply in September if this seems possible.

 

By September your son will have been living in Oz for 15 or 16 months, which should be ample.

 

Would it be reasonable to state on our application that with the time to appoint a case officer our son and d-i-l will have been settled for more than 2 years?

 

Don't bother. The only relevant question is, "Was the Sponsor a settled Permanent Resident of Australia on the day that we - DIAC - received his Parents' sc 143 application?" The answer to that is either "yes" or "no." Demonstrate to them that the answer on the relevant date is "yes." It is impossible for you to know for sure what your son's situation will be 12-15 months after DIAC receive the visa application.

 

Is PVC touchy about the time delay or is it just a fact of life?

It would be so much easier if they said for example one full year/tax year and then stuck to it.

 

It isn't a question of anyone being touchy. It is simply that the legislation says that the Parent must be Sponsored by [a child of the Parent who is] a settled Permanent Resident. It says so in S143.211 of the Migration Regulations 1994 and is thus a Time of Application requirement.

 

Alan Collett of Go Matilda has explained the "settled sponsor" idea in more detail in the following article:

 

Go Matilda - Your Gateway to Australia - News

 

One other question, would it be an idea to include copies of the documents the sponsor may need to provide (current payslips, evidence of major assets, bank accounts, house, letters from friends and employers etc) along with our application.

 

This is exactly what you should do. In the covering letter accompanying the application, say something like, "I realise that our Sponsor has not lived in Australia for a full two years as yet. However he has settled in well and has done so fairly promptly, as may be seen from the following documents:.....

..." Then sign off , I suggest.

 

It seems much more daunting than it actually is, you will find. The PVC has a deliberately laid back, informal style because some of the applicants are truly ancient (one was an old lady from Devon who was 97 when her CPV was granted in 2005.) They really do shepherd the families in their care and do everything to guide you, so you need not be daunted.

 

Cheers

 

Gill

[BandC]

Hello everyone,

 

I hear application fees are going up in July. Will we pay the fee that was applicable on the date the application was lodged or the new fee as will apply when we hopefully get our 143 in 2010?

[Guest Gollywobbler]

Hello everyone,

 

I hear application fees are going up in July. Will we pay the fee that was applicable on the date the application was lodged or the new fee as will apply when we hopefully get our 143 in 2010?

 

Hi BandC

 

The fees are fixed at the time when you apply so your 2nd Instalments will remain at $32,725 each.

 

Cheers

 

Gill

[Les Avalook]

Thank you very much for your reply Gollywobbler.

 

We had not looked on these sites since our son had left for Oz last year and had resigned ourselves to the 2 year wait before applying, now in the last 48 hours we have been have been on a all time high. Will spend some time checking our position before we post again, but thanks to you and others on this site for the encouraging news.

 

P.S. Hi BandC, you're up $4000 already, lucky you. :-)

[Guest Polegate]

So what's happening? No case officers for people who had acknowledgments back in March/April 2008. We are so fed up and our acknowledgment was September 2008 so we dread to think how the people before us must feel! Is this a deliberate ploy by immigration to delay visa issues even longer? Why is this happening if they have increased the amount of CP visa numbers?

 

David & Jackie

[Guest Gollywobbler]

So what's happening? No case officers for people who had acknowledgments back in March/April 2008. We are so fed up and our acknowledgment was September 2008 so we dread to think how the people before us must feel! Is this a deliberate ploy by immigration to delay visa issues even longer? Why is this happening if they have increased the amount of CP visa numbers?

 

David & Jackie

 

Hi David & Jackie

 

The PVC moved house at the end of May so my guess is that time has been lost because of packing up for the move and unpacking again in the new premises.

 

They have also been trying to offload CPVs onto anyone who has been able to act fast to conclude the arrangements because for the first time ever a lot of CPV applicants have either pulled out or asked to go to the back of the queue because of the global financial mess.

 

At one stage they had about 800 visas going begging. I think they have reduced that to about 400 or 500, mainly by offering them to Parents who have already sold up in their home country, have cash in the bank, are in Oz and who have been in a position to move very quickly.

 

Nobody wants the Minister getting the idea that the full quota of CPVs is not needed each year. They are needed but the extent to which the Financial Mess has hit CPV applicants did not become clear till about March/April 2009. Applicants have not wanted to admit defeat so some of them tried hard for some time to work out how to produce the money, only to have to concede short term defeat in the end. The greatest demand - by a long chalk - is for CPV 143s. The final stages take time to organise because of the need to involve Centrelink and so forth.

 

DIAC have not been able to generate the income from CPVs that they had hoped for during 2008/9 because the financial crunch not becoming apparent till as late as it did has meant that about 400 CPVs which were available for 2008/9 cannot be granted and as far as I know they cannot be carried forward into the new Program Year.

 

So it is a bit of a mess but that is through no fault of the staff of the POPC/PVC. They do try their level best to help as many applicants as they can every year.

 

I spent 2 dismal years working for the British Civil Service at one stage. (Dear God, not for me, I can tell you!) The Year End is a prize pain in the Rear End, I assure you. Endless completely unnecessary End of Year Reports have to be produced by every little unit within every department, most of them dealing with total trivia such as how many train fares were notched up to the unit in question during the year and what the total price of them was, how many of the staff did the travelling etc etc. It is total navel gazing but bureaucrats cannot live without it, not that anybody will ever bother to read such trivial rubbish.

 

I wanted to scream, "Why are there no costings or analysis of how much of the taxpayers' money is simply being SQUANDERED on this pointless navel gazing whilst the services the public actually want us to provide are not being delivered to them at all because we are all too busy compiling these daft and unnecessary bloody Reports?" Bureaucrats really do seem to me to get brainwashed into believing that counting the toenails on the British chicken population might serve some useful purpose - not that any of them are ever able to explain what the purpose of recording this useless, unnecessary information might be. The amount that it costs to record it is not seen as any sort of valid reason for not bothering to do the unnecessary.

 

Cheers

 

Gill

[BandC]

Thanks Gollywobbler,

 

Yippee another few dollars saved!

[Guest Polegate]

Thanks for your reply Gill. Wish someone had asked us if we were in a position to pay the 2nd installment!

 

David & Jackie

[Guest ancpar]

Hi Gill

My son and I took your advice, it was agreed by agent we could apply immediately, along with police checks and medicals belive it or not.

CPV 143 completed and lodged by 17/06/09

Police checks by 26/06/09

Medicals completed and sent to DIAC Sydney on 03/07/09

We now start the long wait!!!!!!

Many thanks for help and information.

 

Regards

John

[Guest Gollywobbler]

Hi John

 

Good for you for beating the price hike.

 

I am curious, though. Why did your agent recommend front loading your police checks and meds? Does s/he believe that CPV 143 processing times are going to fall substantially? I ask because there is a reference to it in a recent Hansard. According to DIAC adding another 1,000 CPVs to the quota will reduce the processing time for CPVs to around 9 months. I don't know whether that is a realistic estimate or whether it is wishful thinking on DIAC's part so I am wondering whether your agent has heard from the PVC about whether this estimate is realistic? It would be good if it is, so here's hoping.

 

Cheers

 

Gill

[Guest ancpar]

Hi Gill

Thanks for you reply, all our Agent would say is that as an additional 1,000 visa's for the coming year were going to be issued, ours would be 'application ready' from the outset, hoping that waiting times would be reduced. I don't think he has any insider information !!!

 

Regards

John

[Les Avalook]

Hi Gill

Thanks for you reply, all our Agent would say is that as an additional 1,000 visa's for the coming year were going to be issued, ours would be 'application ready' from the outset, hoping that waiting times would be reduced. I don't think he has any insider information !!!

 

Regards

John

 

Interesting post Ancpar, Your agent could just be dropping you in the the front of the queue at time when others are passing due to lack of funds.

 

If things go wrong time wise can you have another set of medicals & police checks sent out in about 11 months time?

[Guest ancpar]

Hi Les Avalook,

We are aware that there may be additional costs for police checks etc. at a later date if decision is prolonged, but this was a risk we were prepared to take.

Regards John