woody1cruiser

Could anyone tell me what the difference is between these 2 visa's. I have checked the Immi.gov.au website and they both seem to be skilled, designated, sponsored visa's so I am a bit confused.

Thanks

Debs

Scotty1

You automatically get assessed for both, but the 139 does not need any points. You can also be sponsored by a first cousin for a 139, whereas first cousins don't qualify for a 138

Not sure that a 138 is a designated area - think it is for people whose sponsors live anywhere in Oz whereas a 139 is for more rural areas. You also need sibling, aunt or uncle as sponsor.

However I know we did not qualify for a 138!

Scotty

JAJ

Grandparents can also sponsor for 139, but not 138.

- 138 is for sponsors *anywhere* in Australia, however there are restrictions where sponsor lives in or near Sydney/Newcastle/Wollongong
- I wouldn't say 139 is only for "rural" areas, Melbourne, Adelaide and Canberra are all among the designated areas.
- 139 is an alternative to 138 for those with eligible sponsors. It's not obligatory (this will become important when it's replaced with a temporary visa for new applicants sometime between November and July).

Jeremy

kch

HI Jeremy

My sister is going to be our sponsor who lives in the Wollongong areas, is 138 the right visa for us? Another question is, are they going to change 138 from PR to TR as well? If so, we'd probably have to think of the whole issue again, thanks for advice.

JAJ

1. As your sponsor lives in Wollongong, your nominated occupation and work experience will likely have to be on the Sydney and Selected Areas Skill Shortage List (SSASSL). This is a narrower version of the SOL. Check her postcode to see if it's on the SSASSl-applicable list.
Use the Skilled Migration Booklet as your reference.

2. They haven't said anything about replacing 138 with a temporary visa.



Jeremy

kch

Thanks Jeremy!

Juliecabs

Jeremy,
Are you saying that the 139 is soon going to be a temporary visa instead of a PR?

Julie

JAJ

Not quite ... from a date in the near future (and almost certainly by 1 July 2006), it's going to be *replaced* with a temporary visa for *new* applicants. You'll need to live and work near your sponsor for two years to get permanent residence.

If 139 is your only visa option, you've little time to waste before the door closes.



Jeremy

Juliecabs

Thanks for this.
I'm ok as I'm going on a 138, but my sister will need a 139, so I will pass on the info.
Julie

JAJ

Make sure that the limit of two adults per assurer isn't going to cause a problem in your case, if you're both planning to migrate on sponsored visas.



Jeremy

Juliecabs

I'm planning on using our aunt on a 138 and my sister will use our cousin on the 139. Does this sound ok?

BTW, do you ever sleep???

JAJ

Look at the Assurance of Support rules (AOS) as well as the sponsorship rules.

The mandatory AOS rules are where a lot of sponsored applicants come unstuck - there are strict income rules and a limit of two adults at any one time.


Jeremy

sprite_green

Jeremy - realise that you can't predict the future, but...

This proposed switch for 139 visas (from PR to TR, restrictions on location) could apply to the following;

New applications received;
Applications received (but not granted);
Applications received, approved (but not validated/exercised by applicants arriving in Aus);
Applications received, approved and granted

I personally think they are very unlikely to apply to the last category, but have no idea whether we are safe if our application is in, or if our visa is approved (but not validated). From your experience of previous changes to law, etc. do you have any thoughts on how they may apply this change?

Also, in a previous post you mentioned that someone within Immigration had indicated that there was a possibility of this coming in early - I have heard November being mentioned. Do you have any other background/links on this?

Thanks in advance.

Sprite

JAJ

Almost certainly will be based on new applications *received*.

This is what they have indicated. And anything else could well require a change to the Migration Act which would mean primary legislation, rather than just changing the Regulations.

Those applying close to the deadline will need to use a reliable courier and make sure their application meets all validity requirements. There will only be one shot to get it right for those who leave it late.

No links, just some background noise. If you're eligible, why wait? If not eligible for now, you'll just have to hope for the best.

Do you not meet the points test for 138?


Jeremy

Canadabound

Hi Jeremy (take no notice of the canadabound, i read both forums!)

My husband is hoping to apply for a 139 visa (or it's replacement) at the end of July next year, he has to wait until then as his brother will have been in Melbourne a year then. I understand that it will be the case with the new temporary visa that the visa holder will have to live in the same place as their sponsor for 2 years. As it will be a temporary visa will it entitle us to healthcare and schooling? or is this something we would have to pay for ourselves. I am unsure about the differences between PR and a temporary
visa.

Thanks