wishful

Hi folks

Firstly, thanks for the help and responses I've had so far, I've found this a great resource and a big thumbs up goes to those who take the time to respond and maintain this site.

My parents (well in-laws actually) have recently been awarded their permanent residency visa and they intend to move out to an area near Sydney in January next year.

My Brother in law was going to sponsor myself and my wife but that idea went belly up when the new Skilled - Australian Sponsored visa application (subclass number 138) came into play as he lives in one of the restricted postcode areas and neither myself or my wife have a skill on Sydney’s Skill shortage list

Now my question is this. My mum and dad in law will be moving out to Australia to retire, to help my wife and I out they intend to move to an area and rent a house near Sydney but not in one of the restricted postcode zones so they can act as our sponsors.

If they do this, will there be a time restriction before they can act as a sponsor for my wife and I or can they sponsor us as soon as they have a residency in Australia?

Thanks for your help guys

Sue from Manchester

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Now my question is this. My mum and dad in law will be moving out to Australia to retire, to help my wife and I out they intend to move to an area and rent a house near Sydney but not in one of the restricted postcode zones so they can act as our sponsors.

If they do this, will there be a time restriction before they can act as a sponsor for my wife and I or can they sponsor us as soon as they have a residency in Australia?

Hi

We got out visa through my brother-in-law sponsoring us (skilled regional sponsored) but they said they could only sponsor us once they had got their citizenship, i.e., after 2 years. I can't guarantee things haven't changed since then. Good luck

chr1sarter

Sue from Manchester is right, You can ony sponsor if your are a resident after 2 years. Sorry.

Grayling

That may not be strictly true.

As I understand it:
You have to be 'usually resident' ie have a job or house or something which shows committment.

You do need to have two years tax returns in order to act as assurer.
The assurer and the sponsor can be different people.

Maybe one of the agents could give an accurate answer.

I am no expert but am sure this has cropped up before.

G

JAJ

Wrong I'm afraid.

You can sponsor for skilled sponsored as soon as you take up residence in Australia.

Some other visas (like parent or remaining relative) do have this requirement but it does not apply to skilled sponsored.

That has got to be one of the most common myths in Australian migration. Even many less-experienced agents believe it.

However, the requirement for an assurance of support does impose a de-facto 2-3 year residence period in most cases (because you need ATO tax assessments for a mandatory AOS).

In wishful's case, there's no reason why his parents can't sponsor (as long as they have the *permanent* contributory parent visa) but they will need someone else to do the assurance of support. If the brother in law in Sydney has done the assurance of support for the parents, he will not be able to act as assurer for them.

Jeremy

wishful

Thanks for all of your replies to this post everyone

Well guys, since writing this post my father in law has booked the tickets and flies out to Australia on the 16th of January, firstly to help my brother in law move house and also to secure a propoerty that my mum and dad in law can rent so they can act as our sponsors.

Both of the 'inlaws' have the perminant Contributory Parent visa (subclass 143 - from memory)

They are looking at renting a property in Nelson bay NSW as its within commuting distance of Sydney so they can visit their son but far enough away from Sydney to avoid the postcode restrictions.

The postcode for Nelson Bay is 2135. Should this be ok if we are applying under visa class 138.

Also, as well as taking the Sydney sponsored postcode restrictions into account, do we need to also avoid the designated areas as set out in Visa class 139? Either way I think we should be OK with Nelsons Bay in either respect.

They were also looking at Bombo in Kiama as another option.

As they are both retired the criteria is to be within commuting distance of Sydney so they can see thir son whilst avoiding the restricted areas.

If these areas are Ok, can anyone let me know what they would need to do to be considered a resident of the property.

Is a rental agreement, bank details for the new address Ok or would something more specific be required.

Finally, if we are lucky enough to be eventually issued a Visa at what point can the in-laws look at moving to a more perminant location?

I can't believe the lengths we are having to goto to try and get around these new regulations. It will be worth it if/when we get there though

Sorry for all the questions but thanks for any help. As always its appreciated!

Regards

Wishful and Familty

JAJ

Nelson Bay postcode is 2315, from http://www.auspost.com.au

This is ok for skilled sponsored.
http://www.immi.gov.au/migration/ski...kills_list.htm

No you don't need to avoid the 139 designated area. However you're not eligible for 139 until the sponsor has lived there for 12 months. You'll just be assessed for 138.

I don't know what specifically DIMIA look for. Why not get some professional assistance?

Once you've validated your visa, they can move. However Nelson Bay is quite nice, so they may not want to.

Jeremy

JAJ

This is really strange, but while Nelson Bay is not considered part of Newcastle for the purposes of the Sydney skill shortage list, it *is* considered part of 'Newcastle' for the purposes of the 139 visa (ie it's excluded).
http://www.immi.gov.au/migration/ski...ated_areas.htm

If your parents do move there then there is a risk DIMIA could extend the Sydney skill shortage list to cover the Nelson Bay area. It may be a safer bet to live a little further north in an area that's covered by the 139 visa. It's a lot less likely the Sydney sponsorship restrictions will be extended this far.

Jeremy