Jump to content

Guest guest36187

Recommended Posts

Hi - I have just posted a question re parents migration but not sure how to make it part of this specialised parent thread

 

I think the same way you posted this question. You can copy the text then paste it into a reply on this thread.

Link to comment
Share on other sites

Guest sinchurtis

Parents in law Dependents

Hi - below is my situation and hope someone can guide me on best option

 

1) I was referred to a migration agent in July 2010 who advised that I would be able to add my wife's parents as dependents to her application for 100 permanent visa and due to the financial facts and circumstances that I had provided, high possibility for being approved by the department.

 

2) Application was submitted in Sept 2010 to High Commission in Singapore, main (my spouse Singapore citizen) and secondary applicants (wife's parents Malaysian citizens in Singapore on dependent pass in Singapore) completed medicals, character checks, father even had to do re medicals for chest xray, etc.

 

3) After a long wait 7 to 8 months (with me in Australia and wife and kid of 5 years in Singapore), we have received Permanent Residence for my spouse end April 2011 but the parents were rejected on the grounds of them being still married to one another and a different "family unit" to ours. I already knew of this issue before applying but given the confidence provided by the migration agent, went ahead with the application with parents as dependents thinking that compassion would be shown...

 

4) My wife wants to join me down under by September but if we are to support parents over there, it is just not workable financially. Also, my daughter of 5 has always been taken care of by them.

 

Options and concerns in my mind as I see it are as follows:

 

Option 1 - Apply for online 676 six months tourist visaTourist visa (Subclass 676) with possibility of extending for another 6 months if 8503 condition is not imposed. If condition is imposed, they go back to Singapore and apply for another 6 months visa. Concern here is given they have applied for dependency and got rejected, will they also reject the visitor visa? How best to approach this?? Do I need to mention that they applied for dependency and got rejected - and mention that they now only seek to visit...

 

Option 2 - Apply for ETA (Visitor) (Subclass 976) with the intention of applying for onshore contributory visa once they are in the country for 6 months or so. This is assuming 8503 condition is not imposed. As my wife is a qualified medical professional and hope by this time she will have a steady job in Australia and further my daughter is already enrolled in school here planning to start next year, she would meet the "settled" criteria. I will be the sponsor - Concern here is that my wife must have been a PR for 2 years even though I am the sponsor?? Another concern is that the department might still impose the 8503 condition even though it is 3 months?

 

Option 3 - Similar to option 2 above except that the contributory visa is applied offshore again after 6 months or so. Same concerns as Option 2 - Additional concern is once they apply for the contributory visa offshore, will they be rejected visitor visas while their application is being processed?

 

Thanks for your time in reading this and hope you can guide.

user_online.gifreputation.gif report.gif quote.gif

Link to comment
Share on other sites

Parents in law Dependents

Hi - below is my situation and hope someone can guide me on best option

 

1) I was referred to a migration agent in July 2010 who advised that I would be able to add my wife's parents as dependents to her application for 100 permanent visa and due to the financial facts and circumstances that I had provided, high possibility for being approved by the department.

 

2) Application was submitted in Sept 2010 to High Commission in Singapore, main (my spouse Singapore citizen) and secondary applicants (wife's parents Malaysian citizens in Singapore on dependent pass in Singapore) completed medicals, character checks, father even had to do re medicals for chest xray, etc.

 

3) After a long wait 7 to 8 months (with me in Australia and wife and kid of 5 years in Singapore), we have received Permanent Residence for my spouse end April 2011 but the parents were rejected on the grounds of them being still married to one another and a different "family unit" to ours. I already knew of this issue before applying but given the confidence provided by the migration agent, went ahead with the application with parents as dependents thinking that compassion would be shown...

 

4) My wife wants to join me down under by September but if we are to support parents over there, it is just not workable financially. Also, my daughter of 5 has always been taken care of by them.

 

Options and concerns in my mind as I see it are as follows:

 

Option 1 - Apply for online 676 six months tourist visaTourist visa (Subclass 676) with possibility of extending for another 6 months if 8503 condition is not imposed. If condition is imposed, they go back to Singapore and apply for another 6 months visa. Concern here is given they have applied for dependency and got rejected, will they also reject the visitor visa? How best to approach this?? Do I need to mention that they applied for dependency and got rejected - and mention that they now only seek to visit...

 

Option 2 - Apply for ETA (Visitor) (Subclass 976) with the intention of applying for onshore contributory visa once they are in the country for 6 months or so. This is assuming 8503 condition is not imposed. As my wife is a qualified medical professional and hope by this time she will have a steady job in Australia and further my daughter is already enrolled in school here planning to start next year, she would meet the "settled" criteria. I will be the sponsor - Concern here is that my wife must have been a PR for 2 years even though I am the sponsor?? Another concern is that the department might still impose the 8503 condition even though it is 3 months?

 

Option 3 - Similar to option 2 above except that the contributory visa is applied offshore again after 6 months or so. Same concerns as Option 2 - Additional concern is once they apply for the contributory visa offshore, will they be rejected visitor visas while their application is being processed?

 

Thanks for your time in reading this and hope you can guide.

user_online.gifreputation.gif report.gif quote.gif

Hi

First of all do the parents meet the 'Balance of Family' test? That is they must have more of their children in Australia than not. Also in order to sponsor the parents for a CPV you or your wife must be regarded as 'settled' which is normally a period of 2 years. I understand DIAC are now quite strict about this.

 

The parents can only apply onshore for an Aged Contributory Parent visa if one of them is over 65.

 

It might be advisable for you to have a chat with a reputable migration agent about the chances of them being rejected for their visitor visa. I do know of another couple whose CPV was refused on health grounds of one of their dependants and their visitor visa was initally refused, but finally granted I bleieve after intervention by their original case officer.

Link to comment
Share on other sites

I'm really not too sure about this as we opened an account with the Commonwealth Bank of Australia when we were ther last Christmas. We have full internet banking facilities and have been depositing funds in a fixed term savings account since then. ... from six months upwards at rates randing from 5.8% to 6.1%.

It might be thaat we have internet facilities only because we were in Oz when we opened the account, but it might be worth checking this out directly with the Bank.

Hope this does not throw a spanner in the works!

John & Eirian

 

Not at all. Everyone has different experiences which is why this forum is so useful. It's really good to learn of the options available. Thanks. Angie

Link to comment
Share on other sites

Guest sinchurtis

Answer to question 1 is "Yes" - they meet the balance of family test

 

In relation to point 2, you mention me or my wife must satisfy the "settled" test - this is not what I read elsewhere - some places it mentions that the child which is my wife needs to be "settled" - Is this correct? Not sure this is one of my questions - if it is me - I am definitely "settled" have been an Aussie citizen since mid 90s.

 

In relation to question 3, yes both are above 65

Link to comment
Share on other sites

Guest Cakey

Hi! can anyone help me please, I am about to pay the second half of the cpv payment. What exactly happens? Do I get an E -Mail telling me? and do I have to send my passport? We are hoping to be flying out by the end of July (fingers crossed, we are about to exchange contracts on our house this week and complete on 22nd July). so we need to have our visa confirmed before then) This is the most stressful part of the whole business...... I just long for the day I am stepping onto the plane starting my new life

 

Cheers Cakey

Link to comment
Share on other sites

Answer to question 1 is "Yes" - they meet the balance of family test

 

In relation to point 2, you mention me or my wife must satisfy the "settled" test - this is not what I read elsewhere - some places it mentions that the child which is my wife needs to be "settled" - Is this correct? Not sure this is one of my questions - if it is me - I am definitely "settled" have been an Aussie citizen since mid 90s.

 

In relation to question 3, yes both are above 65

 

Hi you can sponsor your wife's parents as long as your wife lives with you. Have a look at the information on the DIAC website:

 

http://www.immi.gov.au/migrants/family/parent/864/eligibility-sponsor.htm

Link to comment
Share on other sites

Guest sinchurtis
Hi you can sponsor your wife's parents as long as your wife lives with you. Have a look at the information on the DIAC website:

 

http://www.immi.gov.au/migrants/family/parent/864/eligibility-sponsor.htm

Thanks for the prompt response - I have seen that link before and I know that I can sponsor. This is not the key issue. The question though is "Is there an "AND" condition that the wife must also be "settled" as it is her parents that I am sponsoring or is it an "OR" condition meaning either one of us is "settled" will satisfy the DIAC. This is not clearly spelt out and I have read various posts that mention different things so it is a bit "grey" in that sense.

Link to comment
Share on other sites

Guest Restellou 44

Hi.. probably your best option would be to email Australia direct. tel them of you that you are not sure of what their requirements are.. they will email you direct within 2 working days.. their email address is... parents@immi.gov.au..

I understand that it gets quite overwhelming reading all the bumph and getting info from other people , so mail them and get the advice straight from the "horse's mouth".

Wish you well and hope that all will be revei;led in due course. Good Luck Helen

Link to comment
Share on other sites

Hi! can anyone help me please, I am about to pay the second half of the cpv payment. What exactly happens? Do I get an E -Mail telling me? and do I have to send my passport? We are hoping to be flying out by the end of July (fingers crossed, we are about to exchange contracts on our house this week and complete on 22nd July). so we need to have our visa confirmed before then) This is the most stressful part of the whole business...... I just long for the day I am stepping onto the plane starting my new life

 

Cheers Cakey

 

Hi

I assume you have done your medicals and police checks and sent them off with your form 80 and had your request for the AOS? If all is OK you should eventually get an email from your CO requesting the second VAC payment within 28 days usually. You don't need to send your passport. When your visa is granted you can, if you wish send your passport off to the Australian High Commission for the stamp to be put in, although this is not strictly necessary, but some people like to see the 'proof' after having shelled out so much money.

 

I understand how stressful the last few stages are. We were in a similar position, waiting for our visa at the last minute and exchanging contracts on our house. We completed on 2nd June at midday and flew off to Oz at 9 that evening. Our visa only came through a few weeks before.

Link to comment
Share on other sites

Guest Cakey
Hi

I assume you have done your medicals and police checks and sent them off with your form 80 and had your request for the AOS? If all is OK you should eventually get an email from your CO requesting the second VAC payment within 28 days usually. You don't need to send your passport. When your visa is granted you can, if you wish send your passport off to the Australian High Commission for the stamp to be put in, although this is not strictly necessary, but some people like to see the 'proof' after having shelled out so much money.

 

I understand how stressful the last few stages are. We were in a similar position, waiting for our visa at the last minute and exchanging contracts on our house. We completed on 2nd June at midday and flew off to Oz at 9 that evening. Our visa only came through a few weeks before.

 

Thank you so much for your reply, yes we have had the email from our co but had to ask for extra time to pay. We are due to exchange contracts next Tuesday and complete on 22 July and hope to fly out on 24 July. We feel we still are unable to book shippers or flights until after we exchange contracts (don't want to tempt fate) but we need to know our visa is in place so we are sending off the money next week. This part has been the most stressful of all, just waiting about not being able to go ahead and book things, I just lay awake at night going over all the things I need to do but can't......still I know it will all be worthwhile and we will soon be with our family in Australia.

 

Thanks again Cakey

Link to comment
Share on other sites

The last part of the process is a bit of a nightmare if you factor in selling a property - so many ifs and buts. Hope it all works out smoothly for you. We are going through it to at the moment and know how stressful it can be. Hang in there - it won't be long till you are safely Down Under.

Link to comment
Share on other sites

Been back a week now and just about over the jetlag :goofy: and coming to terms with the goodbyes :cry:

 

We have to cancel the 143 and were going to apply for the 103 so we were still on a 'list' but after considering it again have decided against it. We have already accepted we will lose the first VAC for the 143 and if we apply for the 103 we would have to pay that again, then if/when we upgraded to the 143 or 173 once more we would have to pay the first VAC so we would have paid it 3 times :swoon:

 

We have decided to wait until we have a CO and put our case to them to see if there is any advice they can give us instead of wondering what if this/that etc. I'm hoping they can point us in the right direction :yes:

 

So now we wait :cute:

 

Phoebe

Link to comment
Share on other sites

Been back a week now and just about over the jetlag :goofy: and coming to terms with the goodbyes :cry:

 

We have to cancel the 143 and were going to apply for the 103 so we were still on a 'list' but after considering it again have decided against it. We have already accepted we will lose the first VAC for the 143 and if we apply for the 103 we would have to pay that again, then if/when we upgraded to the 143 or 173 once more we would have to pay the first VAC so we would have paid it 3 times :swoon:

 

We have decided to wait until we have a CO and put our case to them to see if there is any advice they can give us instead of wondering what if this/that etc. I'm hoping they can point us in the right direction :yes:

 

So now we wait :cute:

 

Phoebe

 

Hi Phoebe

My heart goes out to you. We have been in the same quandry? for a while now and still not sure . We are awaiting the outcome of OH's medical assessments before we can make the absolute final decision. It may be taken out of our hands so no point worrying too much at the moment. I have done the calculations so many times I can't remember. After a 12.5% increase in fees last year and a forecasted 15% increase this year, without taking into account the exchange rate it appears the Oz goverment are trying to put all of us off completely.

Take a deep breath, delay as much as you can, and leave the final decision till the death, it may just change enough to make the difference.

Good luck

pete and margaret

Link to comment
Share on other sites

Been back a week now and just about over the jetlag :goofy: and coming to terms with the goodbyes :cry:

 

We have to cancel the 143 and were going to apply for the 103 so we were still on a 'list' but after considering it again have decided against it. We have already accepted we will lose the first VAC for the 143 and if we apply for the 103 we would have to pay that again, then if/when we upgraded to the 143 or 173 once more we would have to pay the first VAC so we would have paid it 3 times :swoon:

 

We have decided to wait until we have a CO and put our case to them to see if there is any advice they can give us instead of wondering what if this/that etc. I'm hoping they can point us in the right direction :yes:

 

 

So now we wait :cute:

 

Phoebe

 

 

What a dilemma for you. The propect of losing the cost of the first VAC is not nice. It seems to me so unfair to charge the same amount again if you change the type of visa. I can understand they have to charge something but this is exortionate! Surely until a CO is appointed there can't have been much work done on processing. Maybe I'm wrong in my assumptions but it seems initially most of the hard work is done by us. However that's the way it is - the Oz government holds all the strings! I do Hope things work out for you. Angie

Link to comment
Share on other sites

Hi, I wonder if anyone can help,had medicals this week and because I am diabetic the Doc said this would probably be reffered,has anyone on here had any experience of this,ie what is required to be done etc, etc, as far as I am concerned the diabetes is controlled by meds and there is not a problem any thoughts would be most welcome.

cheers.

Link to comment
Share on other sites

Thank you so much for your reply, yes we have had the email from our co but had to ask for extra time to pay. We are due to exchange contracts next Tuesday and complete on 22 July and hope to fly out on 24 July. We feel we still are unable to book shippers or flights until after we exchange contracts (don't want to tempt fate) but we need to know our visa is in place so we are sending off the money next week. This part has been the most stressful of all, just waiting about not being able to go ahead and book things, I just lay awake at night going over all the things I need to do but can't......still I know it will all be worthwhile and we will soon be with our family in Australia.

 

Thanks again Cakey

 

Yes, I know the feeling. We were thinking, shall we ship our stuff or shall we put in storage (if the sale falls through and we have to rent). So stressful. In the end we just decided we were going anyway and so we got the shippers in and just went for it. In the end it worked out OK. I am sure it will all go OK for you.

Link to comment
Share on other sites

Guest Nickky

Hi,

 

I am a new member & this is my first post.

 

Have been reading this interesting forum where people are so helpful and empathetic .

 

Really appreciate the advise, help & support they provide to each other. Good.

 

Our only son finished his under grad, masters & PhD at Griffith university.

 

He is a clinical psychologist and his course is Australian- centric.

 

He has been there since 8 years and has been working part time for two years as per his course requirements.

 

Last November(2010) he got a permanent full time position at Queensland Health & attached to Hospital . He got his PR in the of May 2011 and would like to sponsor us( My wife & me).

 

He is living with an Australian girl(who is a citizen) since 6 months & might become defacto after 6 months or may get into marriage.

 

He has been talking with mortgage brokers to buy up a house within next 6 months, latest.

 

Question is this ( as you might have guessed!)

 

"settled " being a state rather than time period ( 2 years) , can we file in PV143

(contributory) after he gets his property ?

 

Would his defacto relationship support in any way that he is settled?

 

He works in a community clinic & helps people . Will this be considered for being"settled"?

 

He loves Australian culture and people.

 

We had been there on holiday several time and we also would like to live rest of our life there, if permitted.

 

Would appreciate your advise whether or not we can apply after he gets his property registered which would be within one year of his PR status.

 

What are the present trend & policies of DIMIA in the light of number of applicants in contributory Visa type have come down. Will they be lenient?

 

Thanks in advance

 

Cheers

Link to comment
Share on other sites

Dear MikeMavis,

 

Sorry I can't answer your question, just be able to wish you all the best for that.

 

Just would like to querry if you are possible to anwser, that on the http://www.chireckles.com/cpv/tracker.php, i see that you submit your application on Oct last year, and you have had co already. Is there any thing I can do to have that quick process for my mother?

 

Kind regards,

 

 

 

QUOTE=MikeMavis;1114856]Hi, I wonder if anyone can help,had medicals this week and because I am diabetic the Doc said this would probably be reffered,has anyone on here had any experience of this,ie what is required to be done etc, etc, as far as I am concerned the diabetes is controlled by meds and there is not a problem any thoughts would be most welcome.

cheers.

Link to comment
Share on other sites

Dear MikeMavis,

 

Sorry I can't answer your question, just be able to wish you all the best for that.

 

Just would like to querry if you are possible to anwser, that on the http://www.chireckles.com/cpv/tracker.php, i see that you submit your application on Oct last year, and you have had co already. Is there any thing I can do to have that quick process for my mother?

 

Kind regards,

 

 

 

QUOTE=MikeMavis;1114856]Hi, I wonder if anyone can help,had medicals this week and because I am diabetic the Doc said this would probably be reffered,has anyone on here had any experience of this,ie what is required to be done etc, etc, as far as I am concerned the diabetes is controlled by meds and there is not a problem any thoughts would be most welcome.

cheers.

 

just the luck of the draw Im afraid there does not seem to be any ryme or reason why some get a co quickly and others dont good luck wih you application.

cheers Mike.

Link to comment
Share on other sites

Hi,

 

I am a new member & this is my first post.

 

Have been reading this interesting forum where people are so helpful and empathetic .

 

Really appreciate the advise, help & support they provide to each other. Good.

 

Our only son finished his under grad, masters & PhD at Griffith university.

 

He is a clinical psychologist and his course is Australian- centric.

 

He has been there since 8 years and has been working part time for two years as per his course requirements.

 

Last November(2010) he got a permanent full time position at Queensland Health & attached to Hospital . He got his PR in the of May 2011 and would like to sponsor us( My wife & me).

 

He is living with an Australian girl(who is a citizen) since 6 months & might become defacto after 6 months or may get into marriage.

 

He has been talking with mortgage brokers to buy up a house within next 6 months, latest.

 

Question is this ( as you might have guessed!)

 

"settled " being a state rather than time period ( 2 years) , can we file in PV143

(contributory) after he gets his property ?

 

Would his defacto relationship support in any way that he is settled?

 

He works in a community clinic & helps people . Will this be considered for being"settled"?

 

He loves Australian culture and people.

 

We had been there on holiday several time and we also would like to live rest of our life there, if permitted.

 

Would appreciate your advise whether or not we can apply after he gets his property registered which would be within one year of his PR status.

 

What are the present trend & policies of DIMIA in the light of number of applicants in contributory Visa type have come down. Will they be lenient?

 

Thanks in advance

 

Cheers

 

Hi

If you look back over this thread there is a post by one of the agents who has indicated that DIAC are getting quite strict now about the 2 year rule. So it is probably not worth the risk getting rejected because your son is not considered 'settled'. Things like having a property and the other things you mention will help to establish this. Why not go on a long visit and then when your son is settled you could apply for the visa. It seemed like a long time for us while we waited for our daughter to be settled, but the time does fly by. Good luck.

Link to comment
Share on other sites

Guest Nickky
Hi

If you look back over this thread there is a post by one of the agents who has indicated that DIAC are getting quite strict now about the 2 year rule. So it is probably not worth the risk getting rejected because your son is not considered 'settled'. Things like having a property and the other things you mention will help to establish this. Why not go on a long visit and then when your son is settled you could apply for the visa. It seemed like a long time for us while we waited for our daughter to be settled, but the time does fly by. Good luck.

 

Thanks Linday.

yeah, it's a good idea to go on a long visit.

How many years you had to wait before you joined your daughter?

Thanks again for replying.

Have a great day.

 

Cheers

Link to comment
Share on other sites

Thanks Linday.

yeah, it's a good idea to go on a long visit.

How many years you had to wait before you joined your daughter?

Thanks again for replying.

Have a great day.

 

Cheers

 

Hi Nickky, for your son to sponsor you he will need to show earnings of approx $40,000 in one complete tax year and proof that he will do the same in the current tax year, this may or may not have a bearing on how soon he can sponsor you.

 

We waited 15 months before we applied with our son sponsoring us, he had by then bought a house, cars, dog, furniture and what clinched it a BBQ. :laugh:

Link to comment
Share on other sites

Hi Nickky, for your son to sponsor you he will need to show earnings of approx $40,000 in one complete tax year and proof that he will do the same in the current tax year, this may or may not have a bearing on how soon he can sponsor you.

 

We waited 15 months before we applied with our son sponsoring us, he had by then bought a house, cars, dog, furniture and what clinched it a BBQ. :laugh:

 

 

Just to add to this our daughter & SIL had only had their PR for 8 months when they sponsored us for the CPV143 and only live in a 'rental' as they couldnt sell their house in the UK before they left so it would seem you don't HAVE to have your own property to be a sponsor although I did buy them the required BBQ for their first Xmas presant in OZ :laugh:so this proberbly helped :wink:

 

Phoebe

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...