115 visa - definition of settled

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Old Mar 25th 2015, 11:31 am
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Post 115 visa - definition of settled

Hello,

115 (remaining relatives visa) was made available recently and I want to check if I am eligible for this category as a sponsor.

I want to check if I eligible to to a sponsor for my mom and dad to come in to Aussie. The visa details says that I have to stay in Aussie for 2 years to be called "settled". I have been in Australia for more than 6 months, I've got a permanent job, place to live (rented) and enough income to take care of them. Will this make me a "settled" resident in Aussie ?

Thanks in advance
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Old Mar 25th 2015, 11:56 am
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Default Re: 115 visa - definition of settled

Originally Posted by hashanr
Hello,

115 (remaining relatives visa) was made available recently and I want to check if I am eligible for this category as a sponsor.

I want to check if I eligible to to a sponsor for my mom and dad to come in to Aussie. The visa details says that I have to stay in Aussie for 2 years to be called "settled". I have been in Australia for more than 6 months, I've got a permanent job, place to live (rented) and enough income to take care of them. Will this make me a "settled" resident in Aussie ?

Thanks in advance
I'm sure someone will correct me if I am wrong, but I don't think you can sponsor parents for a Remaining Relative Visa
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Old Mar 25th 2015, 12:52 pm
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Default Re: 115 visa - definition of settled

Originally Posted by hashanr
Hello,

115 (remaining relatives visa) was made available recently and I want to check if I am eligible for this category as a sponsor.

I want to check if I eligible to to a sponsor for my mom and dad to come in to Aussie. The visa details says that I have to stay in Aussie for 2 years to be called "settled". I have been in Australia for more than 6 months, I've got a permanent job, place to live (rented) and enough income to take care of them. Will this make me a "settled" resident in Aussie ?

Thanks in advance
"The visa details say that I have to stay in Aussie for 2 years" "I have been settled in Australia for more than 6 months". Is that more than 6 months by any chance 18 months more than 6 months? Seriously, you answered your own question there!

As for sponsoring both parents, I'm not sure you can. How can you be your mother's last remaining relative if your father is alive and living with her? She obviously has a relative - her husband/your father.
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Old Mar 25th 2015, 10:42 pm
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Default Re: 115 visa - definition of settled

Your parents would need to consider parent visas, but you would still need to be settled for two years and they would need to meet the balance of family test.

Unless by any chance they can look at independent visas.

People have been refused in the past as they have not been here for two years.
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Old Mar 26th 2015, 11:44 am
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Default Re: 115 visa - definition of settled

You should also be aware that the both the remaining relative visa and non contributory parent visa have processing time in the decades - 56 years (that is not a typo) for remaining relative.

The only effective way to bring parent is contributory parent visa. It processes in about 18 months, but you must have been in Oz as PR for 2 years prior to sponsoring and it is expensive - all up about $130k
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Old Apr 14th 2015, 7:35 am
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Default Re: 115 visa - definition of settled

Settled is not defined in the legislation and the departments policy is 2 years (General Rule), however it is a question of fact.

Someone who has been on a 457 and has their PR granted through ENS, has a home, wife in a job and kids in school is settled.

Someone who had their PR for 4 years, is homeless and jobless is unsettled. Each case depends on the facts.

Contributing Parent Visa is the only parent visa that can be applied for, unless they have $5m to invest and then you can go 188.
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