JAJ

1. Who's going to do the Assurance of Support? You need two years tax returns with eligible income to do this.

2. Does he have the points for 138? If so, it will be advisable to go for this visa instead.

3. This new temporary visa will be similar to the SIR visa. Until you get PR:
- you may not automatically be entitled to Medicare
- you may have to pay school fees, depending on the state
- you will have to pay overseas uni fees
- no right to sponsor relatives for residence
- FIRB restrictions on buying real estate
- children born in Australia will not be citizens by birth (they won't get citizenship until naturalised, or unless they live in Australia until age 10).
- you will have restrictions on where you can live and work
- no right to any Centrelink benefits (and for those with a waiting period, that doesn't start until you get PR).

There will be other restrictions too. A permanent visa is much better - go for 138 if you can. Just because sponsor lives in a designated area doesn't mean they *have* to sponsor for 139, as long as they are eligible to sponsor for 138 (cousins can't, for example) and you have the points.


Jeremy

sprite_green

Thanks again for your input.

Had thought that the 139 would somehow be more straightforward (no points test - perhaps quicker to grant; currently working for myself - need for StatDec/Client references, etc.), but...

I believe that we will have 125 points (60 for skill, 20 for age, 20 for English, 10 for work experience plus 15 points for relationship (wife's uncle lives in Victoria and is willing to sponsor)). I understand that this passes the pass mark.

We should be in a position to lodge the application end of October (i.e. should be received before any changes to the 139, and may even be granted before any July changes (fingers crossed)). We are currently in the final preparations for loding the Skills Assessment with the ACS.

So, I guess the question comes down to 138 v. 139. Timelines? Risk of complication? etc.

One other question - the points noted above are related to my skills, work experience, etc., but the relationship points are from my wife's uncle. I understand that this shouldn't present a problem - we simply have to fill in the forms from my wife's perspective, with me being the "ballast"!


Any thoughts?

brian0

This is just my opinion, but if I was in you situation I would choose to go withe the 138 option seeing as you meet the points requirement. I went for the 139 option when I applied for 2 reasons - first, no points test, which made me feel more secure about my app, and second because at the time it seemed that 139 might process faster than 138 (139 were supposed to be fast-tracked at that point). In fact, since the July 2004 processing changes took effect, both the 138 and 139 seem to be processed at the same speed, and the main sticking point is actually CentreLink, which is needed by both visa types.

Going with the 138 takes a big risk out of the application as you don't have the pending regulation changes hanging over your head.

Cheers,
Brian

JAJ

If you're applying before the rules change, it's not really an issue as if you apply for 139, Adelaide must also assess you for 138, or vice versa. Always fill out the points box if you have 110 points or more, although be aware some of the basic requirements are different.

Once the 139 is withdrawn for new applicants, this will change totally as it won't be possible to apply for 138 as well as the new temporary visa simultaneously.

Jeremy