Jonahs_mummy

Hi Guys

Wondered if somebody could supply a little advice from experience......

So far in our expedition to get to Aus we had made the decision that we were going to apply via the Australian Sponsored Designated Area route.......

The thing is, my Mum & Step-father (one of which was to be the Sponsor) have just told me that as they have worked out of the country Jan 2001 to Nov 2004 they have not paid tax in Australia for that period of time. They will be putting a tax return in for 2005 however.

Does this mean that they are not eligable to sposnsor us?

Confused - much!

PINOYAU

They can sponor you, provided they have lived in a designated area continuously for at least 12 months immediately before date of visa application, but Centrelink might not (probably will not) accept assurances of support from them. These are separate issues. Your assurer (or assurers) does not necessarily have to be your sponsor.
Take professional advice form a registered migration agent.

Migration Agent

Jonahs_mummy

I would take advice from a migration agent but to ask such a small question would incur huge costs - I am aware that others on the forum have been in similar situations........... I am simply asking if the tax situation detailed above would have a bearing on them being allowed to be my sponsor. They are not going to be my assurer.

aflatun

Hi
They can sponsor you under Australian-sponsor category (as they reside in Oz now)
You have to arrange for assurance of support seperately who need not be your relative. The eligibility of assurer may be found at Centrelink site.

Cheers

PINOYAU

Not so.
You received the correct advice from a registered migration agent and it cost you nothing.
I suggested that you take advice because sponsorship is likely to be the least of your problems.
Best regards
Migration agent

Jonahs_mummy

Please could you explain further? What do you mean by "sponsorship is likely to be the least of your problems"? What migration agency do you work for?

PINOYAU

To answer your questions in reverse order:

Pinoy Australia Prorietary Limited - www.pinoyau.com

139 sponsorship is fairly straightforward, proof of relationship, proof of residence in a designated area, and evidence of ability to meet the sponsorship undertaking - accomodation and financial assistance if necessary. A properly prepared visa application should identify all the resources your sponsor can call upon (with documentary evidence) to show how the sponsorship undertaking will be met in the worst case - prolonged unemployment or illness.

If you were not sure about sponsorship then it is possible that you might unclear about other visa criteria.

There are visa criteria that are not covered in the simplistic booklets published by DIMIA. Can you provide evidence that you are likely to settle in Australia without imposing an undue burden on the Australain taxpayer? Have you investigated your empolyment prospects in the area where you intend to live? Prove it! Can you work in your field without obtaining registration or licensing? And if not, what have you done about it?

Whose skills and work experience are you relying upon and did you make the best choice?

Please do not take my comments as professional advice.

May I suggest that you read Question 50 on page 10 of form 40?

Best regards

Migration Agent

Jonahs_mummy

Thankyou for you comments. We are using my husbands trade of Head Chef for our skilled assessment, the 2nd attempt of which is to be sent in approx 2 wks. We have taken advice over this TRA application from a registered agent already in Australia. My occupation is only a 40 point application so we think it would be better to use his.

We have throughly researched this application for over 3 years, and know that the Assurer has to have been a tax payer for the last 2 years prior to application but was unsure about the necessary tax situation of the sponsor - that was all.

Please do not think that my husband & I are applying to emigrate on a whim - that is so not the case.

PINOYAU

139 visas are not points tested so a 40-point occupation would have been ok provided you had at least 12 months work experience in ANY skilled occupation at the date of visa application. I wish you the best of luck with TRA.

Westly Russell

Jonahs_mummy

Thanks Westly for you excellent help!

PINOYAU

I should have written at least 12 months full time (20 hours a week or more), paid work experience in the 18 months immediately preceding the date of visa application in ANY occupation on the Sklilled Occupation List.

One of the problems with being a registered migration agent that if you give free advice you are still liable if it is wrong.

This is not professional advice, but I feel sure you can decide what to do now.

Westly Russell

stevereed

As Westly said, if you have the qualifications for a 40 point occupation which Vetassess will assess, and 12 months work experience in a SOL occupation, then why would you want / need to get you husbands skills reassessed??

A Vetassess assessment should be straightforward. As long as you meet all the other basic requirements then that is probably the easiest route.

Jonahs_mummy

beacuse:

a) he is MODL I am not
b) It would not be Vetassess my trade would be TRA
c) We have all the paperwork together for his trade

Look thanx for the advice but this is going TOTALLY off what I origianlly asked - I only wanted to know what the situation was if yous Sponsor had not paid tax in Australia for the last 4 years as they worked abroad..........

JAJ

Consequences are:
- they will not be able to sponsor for designated area sponsored until they have lived in a designated area for 12 months; and
- they will not be able to act as assurers for a couple of years (I presume you do understand the distinction between sponsor and assurer ... )

Unless you are crystal clear on the visa rules, hire a professional, otherwise you could waste a lot of time and energy on an application that may be doomed. DIMIA will refuse it without a second thought if the criteria are not met to the letter.

Jeremy

PINOYAU

I did not mention VETASSESS. I am well aware that TRA is the designated skills assessing authority for some 40-point skilled occupations.

Westly Russell