stephsuej Posted June 8, 2009 Share Posted June 8, 2009 our daughter is married to an Australian, they have two children with dual nationality. They live in Wales, but should be back in Australia by Sept 2009. Do we still have to wait up to 2 years to apply as Contributory Migrant parents, or are the rules different due to three quarters of the family being Australian citizens? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted June 8, 2009 Share Posted June 8, 2009 our daughter is married to an Australian, they have two children with dual nationality. They live in Wales, but should be back in Australia by Sept 2009. Do we still have to wait up to 2 years to apply as Contributory Migrant parents, or are the rules different due to three quarters of the family being Australian citizens? My ex inlaws have been waiting over two years now and this is despite all there children and 4 grandchildren living there. There is still no sign of the visa and it was two years last week! Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted June 9, 2009 Share Posted June 9, 2009 our daughter is married to an Australian, they have two children with dual nationality. They live in Wales, but should be back in Australia by Sept 2009. Do we still have to wait up to 2 years to apply as Contributory Migrant parents, or are the rules different due to three quarters of the family being Australian citizens? Hi there Welcome to Poms in Oz. The crucial questions in your case are: 1. Do you meet the Balance of Family Test? and 2. Which visa does your daughter have? If she has a Spouse/Partner visa, does she have Permanent Residency in Australia? Where there are children DIAC will normally grant the immediately permanent Spouse/Partner visa but this must be checked very carefully because your daughter MUST be a Permanent Resident before an application by you for a CPV would be valid. Provided that your daughter's visa status is OK, potentially your son in law could sponsor you for a CPV. If he has spent most of his life in Oz and is merely "going home", he will be considered to have become "settled" in Oz again within 3-6 months of returning to Oz. The Sponsor must be "a settled Australian Citizen or Permanent Resident." Common sense prevails, though. "Settled" has its ordinary dictionary meaning. The Sponsor undertakes that if you fall on hard times during your first two years as PRs in Oz your Sponsor will see to it that you are provided with an adequate home, food, clothing and enough cash for your reasonable needs. S-i-L cannot give a realistic undertaking to this effect if he and his family have reached Oz and Gone Walkabout. Cheers Gill Link to comment Share on other sites More sharing options...
Linday Posted June 9, 2009 Share Posted June 9, 2009 Common sense prevails, though. "Settled" has its ordinary dictionary meaning. The Sponsor undertakes that if you fall on hard times during your first two years as PRs in Oz your Sponsor will see to it that you are provided with an adequate home, food, clothing and enough cash for your reasonable needs. S-i-L cannot give a realistic undertaking to this effect if he and his family have reached Oz and Gone Walkabout. Hello Gollywobbler Could you please adivse further re the above? We are looking at applying for the CPV. My daughter and her husband are now Australian citizens. My SiL is thinking of taking a posting abroad for a period. Does this mean that they have to be in Australia for the duration of our application and for 2 years afterwards? Linda Link to comment Share on other sites More sharing options...
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