What does "ordinarily resident" mean?

[Guest RobynD]

In order for my brother to sponsor me under a 176 visa, he needs to be "usually resident" in Oz for two years. What does this mean exactly?

 

My brother & his family have permanent residency in Oz and although they have only been living there for about 3 months, they have already bought a house /2 x cars and my brother is in permanent employment. His company actually paid for him to relocate to Australia, therefore he is committed to work for them for at least 2 years and he has a letter stating this. Also, they have their Medicare cards already and other docs to prove their PR residency status.

 

Therefore, does anyone know whether the DIAC takes a strict approach /view on the interpretation of "ordinarily resident" or whether this is judged on a case by case basis.

 

Given that most 176 visas take about 3 years, by the time my application comes to be processed, my brother will satisfy the two year ordinarly resident requirement anyway?!!?

 

Any comments would be most appreciated!

[Welshtone]

Means he is living in Australia and intends to continue doing so. Where did you get the 2 year requirement from - he just needs to be ordiarily resident which can be from day 1.

 

Regards

 

Tony

[Guest RobynD]

Hi Tony,

 

Thanks so much for your reply.

 

I understood that some family sponsored classes require that the sponsor is "settled"- which is generally accepted to be the case after two years' continual residence?

 

Is this not the case for the 176 visa?

[Welshtone]

"Settled" is not required for sponsor of 176 applicant.

 

Regards

 

Tony

[Guest RobynD]

Oh, wow that's good news then!

 

Thanks SO much, Tony!

[Guest RobynD]

Hi Tony

 

I phoned the DIAC yesterday to confirm that there is no requirement / onus on brother to have been living in Oz for 2 years before being able to sponsor me. I pointed out to the DIAC that it does not say anything about this on the website, or in the section dealing with 176 visas.

 

The response of the DIAC was to say that a sponsor has to have been living in Oz for two years at the time the application is made, and although it doesn't say this on the website, this is what they understand it to mean?!!!!!!?!?!?!

 

This seems a little strange to me, as surely this is a cut and dried issue... unless of course, there is no hard and fast rule and each case is judged according to the particular facts of that case?

 

Regards,

Robyn

[Welshtone]

Well if DIAC say the opposite I can't ask for any better corroboration for what I say - family sponsors need to be settled for certain visas but not General Skilled visas. They need to be settled to sponsor parents and/or remaining relatives. What can I say ? DIAC are wrong again.

 

Regards

 

 

Tony

[Guest Gollywobbler]

Hi RobynD

 

Nigel Dobbie is the chap in the link below:

 

Dobbie and Devine Immigration Lawyers Pty Ltd

 

He says that "usually resident," "ordinarily resident" and "resident" all mean, "Has arrived in Australia, has unpacked his or her bags and says that s/he intends to remain in Australia for the foreseeable future."

 

Don't complicate this with reference to people becoming, "settled" and don't complicate it by mentioning Domicile either. That is a technical term with a technical meaning in the context of Tax law.

 

Adopt the KISS principle instead, I suggest.

 

Cheers

 

Gill

[Guest RobynD]

Hi Gill,

 

Thanks for your reply.

 

Please excuse my ignorance, but what is the KISS principle?

 

Thanks

Robz

[Guest Gollywobbler]

Hi Gill,

 

Thanks for your reply.

 

Please excuse my ignorance, but what is the KISS principle?

 

Thanks

Robz

 

Keep It Stupidly Simple :wink:

 

Cheers

 

Gill

[Guest RobynD]

Or, it could mean, "Keep It Simple, Stupid" - which probably applies to me!? Ha ha! :laugh:

 

Thanks Gill, I am going to aply the KISS principle to all my dealings (both with the DIAC and in general) from now on, I think!

 

Gill, so based on Mr Dobie's legal interpretation of "usually resident", does that mean that my brother can sponsor me under the 176 family visa, as he is a PR, he has unpacked his bags in his new house and intends to live there indefinitely???