frizzy1 Posted September 16, 2009 Share Posted September 16, 2009 Hi, My one and only sister has been living in Sydney now for several years and my parents have applied for the CPV Visa which should be granted in September next year if all goes well. I have no other family in the UK. I am planning to apply for the last remaining relative visa once my parents have received their CPV visa but just wondered from what date I could do this i.e do my parents have to validate their visa before I can apply? Do my parents have to prove they are "settled" before I can technically apply? Or can I literatally apply the day after they receive the visa/validate their visa? Any thoughts/comments appreciated. Thanks. Frizz Link to comment Share on other sites More sharing options...
Guest tracynben Posted September 17, 2009 Share Posted September 17, 2009 according to the immigration website your parents have to be settled here for a couple of yrs, could they not come out now on a temp retirement visa, whilst waiting for their visa to come through, then they would have been settled for a yr, and they also need to be PR. heres info off the immigration website Remaining Relative Visa (Offshore) (Subclass 115) tracy Link to comment Share on other sites More sharing options...
wrussell Posted September 17, 2009 Share Posted September 17, 2009 Do my parents have to prove they are "settled" before I can technically apply? Or can I literatally apply the day after they receive the visa/validate their visa? Not if your sister sponsors you. Link to comment Share on other sites More sharing options...
Guest tracynben Posted September 17, 2009 Share Posted September 17, 2009 your sister can sponsor you, but i have read on the immigration website that prority is given is parents sponsor rather than a sister, so it would take longer, but i guess you would have to weigh up which would take longer, your sister sponsoring you, OR waiting for your mum and dad to settle then sponsoring you, maybe give immigration a ring and ask advice on it. tracy Link to comment Share on other sites More sharing options...
frizzy1 Posted September 17, 2009 Author Share Posted September 17, 2009 Hi, the plan is my sister will sponsor me. So if that is the case, do you think that I can apply immediately once my parents visa has come through (does it have to have been validated)? Thanks again Link to comment Share on other sites More sharing options...
Guest tracynben Posted September 17, 2009 Share Posted September 17, 2009 once your parents have come to australia and had their passports stamped you should be ok to apply, but i cant be sure 100 %. best thing to do is to ring immigration and check first. tracy Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted September 17, 2009 Share Posted September 17, 2009 Hi Frizz Who sponsors you is not the most important issue. Who is going to provide the mandatory 10 year Assurance of Support for your Parents, please? Assurance of Support http://www.fahcsia.gov.au/Guides_Acts/ssg/ssguide-9/ssguide-9.4.html Remember that there is a mandatory 2 year AoS for the Remaining Relly visa as well and that one individual can only Assure a maximum of two adults at a time. There are ways round it. Friends are sometimes willing to provide AoS's though they are more likely to agree to a 2 year risk than a 10 year one. If the law remains unchanged, a shell company can be obtained and used in order to provide an AoS. With a CPV couple the quid pro quo is that Centrelink then require a Bond of $20K instead of the usual $14K for a CPV couple. The Bond for a solo remaining relly is currently $5,000. I don't know what that rises to if a company gives the Assurance. Please check this angle carefully, hon. Cheers Gill Link to comment Share on other sites More sharing options...
frizzy1 Posted September 19, 2009 Author Share Posted September 19, 2009 Hi Gollywobbler, My Sister is sponsoring my Mum and Dad and also providing the 10 year AOS for my parents. I had incorrectly assumed that my Sister could also provide the AOS for myself. Could my sisters husband provide the AOS for myself? If not I guess I am going to need to find a friend to do the deed which is possible as we have friends out there. So, to summarise, there is no problem in my sister sponsoring both my parents AND myself (once my parents have their CPV visa) but I will need to find someone else to provide the AOS. And I can apply as soon as my parents have their visa although I do still need to know if I have to wait for my parents visa to be validated before I can apply? And do you know if there are any impact on how long the LRR visa takes depending on who provides the AOS? There was some suggestion above that it can take longer if its not provided by immediate family? Just when you think you have it sorted, up pops up another potential problem!! Huge thanks again xx Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted September 19, 2009 Share Posted September 19, 2009 Hi Frizzy In order for you to be eligible for a Remaining Relly visa all the other members of your family must be "living in Australia." Therefore when you can apply depends on what your Parents do after their CPV has been granted. If they make a long term move to Oz promptly then you can apply as soon as they have unpacked their bags. If Parents only make a short validation trip to begin with then it is not necessarily fatal to a Remaining Relly application - the Tribunal can be surprisingly liberal in its interpretation of people's intentions. Not many people fork out the thick end of $100K AUD for 2 CPVs when a free subclass 651 e-visitor visa would have done just as well for their intention to make a short visit to Oz only. There would be an arguable case, I reckon, but who wants the delay & hassle of an avoidable visit to the Migration Review Tribunal in order to test my argument? In your shoes I would wait until your parents have made their permanent move but I wouldn't hang about thereafter. They would not need to be "settled" as long as neither of them sponsors you. Your sister could sponsor you instead, which disposes of that problem. Your brother in law can Assure you, no probs, but does he have any plans to Assure anyone else from his own birth family? And do you know if there are any impact on how long the LRR visa takes depending on who provides the AOS? There was some suggestion above that it can take longer if its not provided by immediate family? The Minister for Immi couldn't care less who provides the AoS. He leaves that to Centrelink to organise and simply waits for Centrelink to inform DIAC that the AoS is in place. I doubt whether Centrelink even tell DIAC the identity of the Assurer because it is no concern of DIAC's and none of their business. Centrelink have a duty not to gossip to third parties about the Assurer's private transactions with Centrelink. The identity of the Assurer makes zero difference to the time DIAC spend on processing the visa. Once DIAC ask you to organise the AoS they simply sit back and wait for confirmation from Centrelink that the AoS has been arranged. Any delays would occur if the Assurer drags his feet about providing what Centrelink need or if his income is not high enough. You are actually asking whether the identity of the sponsor makes a difference to the time it would take to process your application. If your sister sponsors you she might be asked to demonstrate that she could really afford to provide the basics of food, shelter, clothing and enough cash to get by on for 3 people but when the facts are that she is sponsoring her articulate sister who is a native English speaker and is perfectly capable of getting a job and supporting herself, DIAC have no reason to quibble. The purpose of the visa is to prevent the rellies in Oz from fretting about the lone family member who is languishing outside Oz. The whole object of the visa is to further the well-being of Australian Citizens and permanent residents. I wouldn't worry about a thing but I would defer submitting your application until your Parents have actually moved to Oz, simply to avoid the risk of any hassle from DIAC. All the feedback I've heard and seen is that DIAC in London are super helpful with offshore Remaining Relly visas and that they process them in around 6 months. If you apply for the offshore version of the visa then you apply via the Aussie High Commission in London and all the processing will be done by the DIAC staff in London unless a query crops up on your meds. Meds queries have to go to Sydney because that is where the Medical Officer of the Commonwealth doctors all are. Cheers Gill Link to comment Share on other sites More sharing options...
frizzy1 Posted September 19, 2009 Author Share Posted September 19, 2009 Hi, Huge thanks for this....my brother in law's family are not interesting in coming over so he wont be sponsoring anyone else other than me by the sounds of things. I will double check he meets all of the eligibilty criteria etc but I am certain it should be o.k. Will definately wait until they have made the move to avoid complications etc as this makes sense. Once my parents have moved over, which will hopefully be by September next year based on current timescales (they were acknowledged in Feb this year), plan is to put in my application for LRR and then go travelling for 6 months (or however long it takes for my LRR to come through) and then arrive in Oz with hopefully a PR visa. Now, just the dilemma of what to do with my cat during the 6 months travel!!! But that is another thread entirely!! Thanks again gollywobbler - your help is invaluable. xx Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted September 19, 2009 Share Posted September 19, 2009 Hi Frizzy Why not send the cat to Oz just before you leave the UK? Plenty of pets migrate to Oz before their owners do so! Mum & Dad could prolly be sweet talked into looking after Puss pending your own arrival? Cheers Gill Link to comment Share on other sites More sharing options...
frizzy1 Posted September 19, 2009 Author Share Posted September 19, 2009 Hi, Great minds think alike! Just working on that one at the moment!! ;-) Link to comment Share on other sites More sharing options...
Guest gliddon Posted September 23, 2009 Share Posted September 23, 2009 Hi Gollywobbler, We're now in Oz and as settled as we're likely to be, and our daughter is in the middle of applying for last remaining relative. (You may remember all our last-minute traumas about missing documents for CPV last year - all forgotten now we're safely and happily here.) We're puzzled because you're saying everything we originally thought about the visa for our daughter, in particular that it should take about 6 months from applying, but she has now been told something different and we don't know why. She lodged her application in June, is sponsored by her brother and has promise of AOS from his wife. She's front-loaded her medicals and police checks and was waiting to be asked for AOS next, but she's now been told by Go Matilda that she's not likely to get the visa before next Easter, which would make it more like 10 months than 6. Any ideas about why there might suddenly be a delay? We wondered if there's a situation where they've got to the end of a quota and there will be a gap before they start processing again, but there seem to be other people who are being dealt with so that seems unlikely. Thanks again for all your help when we were struggling to get here - all worth while now but it seemed a nightmare at the time, so we're hoping our daughter won't have similar problems. Best wishes, Mary Link to comment Share on other sites More sharing options...
Alan Collett Posted September 28, 2009 Share Posted September 28, 2009 Hi Gollywobbler, We're now in Oz and as settled as we're likely to be, and our daughter is in the middle of applying for last remaining relative. (You may remember all our last-minute traumas about missing documents for CPV last year - all forgotten now we're safely and happily here.) We're puzzled because you're saying everything we originally thought about the visa for our daughter, in particular that it should take about 6 months from applying, but she has now been told something different and we don't know why. She lodged her application in June, is sponsored by her brother and has promise of AOS from his wife. She's front-loaded her medicals and police checks and was waiting to be asked for AOS next, but she's now been told by Go Matilda that she's not likely to get the visa before next Easter, which would make it more like 10 months than 6. Any ideas about why there might suddenly be a delay? We wondered if there's a situation where they've got to the end of a quota and there will be a gap before they start processing again, but there seem to be other people who are being dealt with so that seems unlikely. Thanks again for all your help when we were struggling to get here - all worth while now but it seemed a nightmare at the time, so we're hoping our daughter won't have similar problems. Best wishes, Mary I would hazard a guess that my consultant colleague is basing the comment as to expected processing times on experiences with other RR applications. Maybe ask your daughter to enquire of the consultant who is advising with a view to clarifying the basis for the advice? Best regards. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted September 28, 2009 Share Posted September 28, 2009 Hi Mary You would need to ask Go Matilda why they are being cautious about the predicted timescale. It might be that they have noticed a slow-down in the processsing times. It might be that they are simply managing the family's expectations cautiously. I'm sure they will explain if you ask and they certainly won't waste your time as and when there is any progress. Cheers Gill Link to comment Share on other sites More sharing options...
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