Sick of flying

[vron]

Can somone give me an idea as to how long we have to wait to apply for parent visa?

Quick summary of our situation (understatment).We have one daughter resident 2yrs,married to an australian.We have another who is studying to be a nutrionist,in her 3 yr.we have a son in u.k.

We came here approx 2 yrs ago,for the birth of our very long awaited grandchild,had an extension on our visa ,went to the u.k 3 times last year due to husbands dad ,ill health.he sadly passed away,came back for our daughters wedding,had another extension on our visa.my dad taken ill back to the u.k again.sadly he passed away to..

now we are flying back again in 2 weeks as my dads house has been sold and our belongings are there.Allso have to fly out of oz in dec as our visa expires.

OK so in 2yrs have had a new grandaughter a wedding 2 deaths and sold a house,how crazy is that.Its emotionally and financially exausting.Bck tp my original question,could somone PLEASE give us an idea much longer we have to live like this.would be grateful for any sugestions..

[Guest Gollywobbler]

Can somone give me an idea as to how long we have to wait to apply for parent visa?

Quick summary of our situation (understatment).We have one daughter resident 2yrs,married to an australian.We have another who is studying to be a nutrionist,in her 3 yr.we have a son in u.k.

We came here approx 2 yrs ago,for the birth of our very long awaited grandchild,had an extension on our visa ,went to the u.k 3 times last year due to husbands dad ,ill health.he sadly passed away,came back for our daughters wedding,had another extension on our visa.my dad taken ill back to the u.k again.sadly he passed away to..

now we are flying back again in 2 weeks as my dads house has been sold and our belongings are there.Allso have to fly out of oz in dec as our visa expires.

OK so in 2yrs have had a new grandaughter a wedding 2 deaths and sold a house,how crazy is that.Its emotionally and financially exausting.Bck tp my original question,could somone PLEASE give us an idea much longer we have to live like this.would be grateful for any sugestions..

 

Hi vron

 

This is a tricky question because DIAC might be willing to help you out but there is NO guarantee.

 

The guts is as follows:

 

The child who will Sponsor the Parents' visa application MUST be a Citizen of Oz or a Permanent Resident of Oz. There is no way round that.

 

Child No 2 (in your case) who would make the Balance of Family Test come right for you merely has to be "lawfully and permanently resident in Oz."

 

The legislation uses different wording for each of the two children. The court assumes that Parliament says what it intended to say in a piece of legislation. Therefore when Parliament uses different wording for each of the two children, the court will assume that Parliament meant and means something different in respect of the two children. (If the truth is that the Parliamentary Draftsman was simply sloppy in his wording, there is no proof of that proposition, so it cannot be assumed even though it is often the reality of the situation.) The court also says that if Parliament uses wording and then decides that it does not like the wording, Parliament can alter the legislation if it wants to.

 

So - what does "lawfully" mean in this context? It means "in Australia as the holder of a valid visa" - which Child No 2 is because presumably she has a Student visa?

 

However she must be "permanently" resident in Oz as well as being "lawfully" resident in the place, so what does "permanently" mean? There is no definition of this word in the Immi legislation, so the court in Oz reaches for the Maquarie Dictionary in order to find out what the word means. (The Maquarie Dictionary is the official dictionary in Oz, just as the OED is the official one in the UK. God knows why the Aussies need a dictionary of their own but presumably there are Strine words in the Aussie one, which would not be in the OED!) Whatever, Maquarie says that "permanently" means what you and I think it means!

 

OK, then. What renders a person "permanently" resident in Oz? The fact that the person does not intend to go anywhere else, perhaps?

 

This argument has been used with DIAC successfully in the cases of some Parents. However DIAC will look at the exact situation and will decide what they think is fair and reasonable in the circumstances.

 

The argument has been used successfully when Child No 2 had a provisional visa for Oz. However everything about a provisional visa suggests that the stay in Oz will be permanent. It is very different from a tourist visa for example.

 

It is particularly tricky at the moment when Child No 2 has a Student visa, I reckon. The Minister for Immi has been storming around, complaining that Students in Oz are only there so that they can have the privilege of getting that which he reckons is a first class education. He is doing his level best to make sure that the whole world understands that - suddenly - there is no direct link between studying in Oz and getting Permanent Residency in Oz and that there never has been a direct link. Which proposition is rubbish. There are PR visas such as the sc 885 and 886 which people can only apply for if they have been studying in Oz and they are required to stay in Oz, on Bridging Visas, once the PR visa has been applied for.

 

With you, on the one hand we have a situation where the Minister's latest Policy is that no sense of permanency should be implied in connection with someone on a Student visa. On the other hand, although the Minister is being positively feral towards the Students in Oz, he has never been nasty towards prospective Parent migrants.

 

So we have a situation where you are one of the victims of the Minister's attitude towards Students and the fact that it is now taking ages for many of them to get PR after their Student courses have ended. The Minister definitely did not intend to penalise you in this way.

 

Alan Collett of Go Matilda just might be able to swing this one in your favour. He has done it with a provisional visa holder, so he understands exactly what the technical arguments are. I reckon that Alan could make a stronger case to DIAC than you could make by yourself and I do think that any submission to DIAC would need to be very strong, because there is this dichotomy between the Minister's latest Policy towards Students in particular (and skilled applicants in general) and the fact that I don't think that the Minister ever intended that somebody's Parents shouold suffer as well.

 

I think that DIAC need to focus on how unfair this all is for you, rather than focussing on the Minister's proclamations about Students instead, if you see what I mean.

 

Alan Collett is a member on here so he might see this thread. Otherwise:

 

Perth City Accommodation - Holiday House & Apartment Rentals – Stayz

 

99% of migration agents do not read the legislation carefully - and haven't been trained to - so 99% of them would say that squabbling with DIAC about you would be a waste of time, impossible etc. Alan definitely wouldn't guarantee that he could succeed, but I think he would be well placed to give it a go and see what happens.

 

Cheers

 

Gill

[vron]

Thank u for ur help,i respect the way u allways answer people.When our daughter started the student route it was a route that was recomended by agents then,i know things have changed now.

Will get in touch with go matilda,and take their advice,hopefully our manic flying days will soon be over.and we can settle down and make a life for ourselves..thanks again