RodMac

Can anyone explain to me the benefits of going for the 139 over the 495. We are in a bad position of only achieving 115 points due to me just finishing student studies so don't have the relevant work experience. Husband has cousins who live in Australia but his Aunt who is an Australian Citizen came back to the UK a few years ago to retire. So we can't go for the 138 (permanent visa option). My Husbands occupation is not on the MODL or on STNI lists for any state. What would therefore be the benefit of the 139 over the 495 (if any).

Thanks for all your wisdom

Tracey

suzimc

Didn't 139 cease to exist 30 June 2006?

RodMac

The 139 still exists. It was a permanent visa up until 30th June 2006 but is now a temporary visa like the 495.

Tracey

suzimc

If it's your only way of getting in then that's the benefit I'm not too sure I understand your question. Are you asking if it would be worthwhile persuing either of those visa types?

suzimc

Sorry, I've just re-read your post and realised you are trying to find out the difference between the two... sorry I haven't been much help!

From my understanding the 139 is for if you have a relative there but still don't quite meet the points, in which case you can getyour extra points from the designated area bit, but with 495 you don't need a relative living there, so from what you are saying 495 might be the one. If anyone else knows better then I stand corrected though, I have only skimmed over the literature on visas other than my own so far.

RodMac

Thanks, the more I read the more confused I get. My main problem was my husbands cousins have been in touch to say they would sponsor us no problem. However after more reading I think the 495 seems the easier route as we don't need any help from them, bond etc. They are both temporary visas. My initial question was just to confirm or find out if there was any other benefit going for the 139 over the 495.

Does that make sense.

Tracey

suzimc

Yes, it makes perfect sense! Sometimes the wording makes things pretty confusing. Have you looked at both the visas on the govt website?

http://www.immi.gov.au/skilled/gener.../139/index.htm

http://www.immi.gov.au/skilled/gener.../495/index.htm

I also noticed that the 495 is points tested and the 139 isn't, you just need to meet certain criteria.

JAJ

139 is closed to new applicants from 1 July 2006, sorry.

It's been replaced with a new temporary visa, the 496 visa.

Alan Collett

As others have said, the 139 visa pathway ceased to be an option after 30 June 2006.

Details of the replacement 496 visa are here:
http://www.gomatilda.com/news/article.cfm?articleid=389

Best regards.

RodMac

Thanks Alan, my mistake I knew the 139 was no longer a permanent visa forgot it had changed to a 496. In your opinion is there any benefit going for a 496 over the SIR 495 if you have cousins in Australia able to sponsor us. My aunt has now returned to the UK even though she was an Australian Citizen. We only have 115 points, so therefore can't go for the permanent 138 visa.

Thanks
Tracey

Alan Collett

Tracey,

The points pass mark for the 138 visa is 110 points ... do you have close (and eligible) relatives available to sponsor you for the 138?

Best regards.

RodMac

We only have cousins in Australia as my aunt who was an Auastralian Citizen came back to the UK to retire a few years ago. Am I right in saying cousins can't sponsor you for the 138. I know I am probably being stupid but am trying all avenues to try to get permanent rather than a temp visa. Or do I just face facts that with 115 points and only cousins in Australia the 138 is not an option.

Thanks for your advice.

Tracey

brian0

You are correct in that a cousin cannot sponsor you for a 138 visa, so it looks like you are left with only the temp visas. I don't know if the 495 SIR is any better or worse than the 496 visa category. They both are temp and can lead to perm given you meet the residency and work requirements. Sorry I can't be of more help.

Cheers,
Brian

Alan Collett

Tracey,

- Agreed that a cousin cannot sponsor for a 138 visa.

- Given a choice between a State Sponsorship for a 495 visa and a relative sponsoring for a 496 visa, I think I'd go for a 495 visa so long as the State from which you might be seeking a State Nomination to secure permanent residency in due course is being open about the nature of the work you can do in the period prior to seeking Nomination for a permanent visa.

My concern about the 496 visa pathway is that I believe there is a requirement for an Assurance of Support when applying for the permanent 883 visa (am happy to be corrected on this - I haven't yet dived into the new Regulations in any depth). The risk with the 496 => 883 strategy is therefore that the person you thought would be able to act for you as an Assurer when you apply for the provisional visa isn't able to two to three years hence because of an unforeseen change of circumstances (eg loss of job leading to an inability to satisfy the Assurance of Support income test).

Hope this helps.

Alan Collett

OK - I have taken this opportunity to look at the underlying Migration Regulations and it appears there is no mandatory Assurance of Support requirement for the permanent 883 visa, but that a case officer has a discretion to ask for an AoS (as is the case for certain other visa categories).

This would probably tip the decision back in favour of the 496 => 893 (ie Skilled - Designated Area Sponsored) pathway ...

Happy to talk this through with you Tracey if you want to send me an email or a Private Message with your contact details. Alternatively you can complete your details here (if you do, please say you are Tracey from the BE Forum so I recognise who you are!):
http://www.gomatilda.com/contact.cfm#appraisal

Best regards.