marineboy

I am in a big confusion.


I am preparing for class 139 visa.My sister will be my sponsor.

My sister lives in Melbourne and is an Australian PR. she is planning to come to India for a 2 months vacation. she had lived in Melbourne area for the last 2.5 years.


Booklet 6 states that ' the sponsor must have lived and still continue to live in a designated area for the last 12 months'. but if my sister comes to India now & I lodge the application at around March-2006 [I need to get VETASSESS done,papers ready etc]- she will not be able to fulfil the 'last 12 months' criteria.

am I correct in my interpretation?


please let me know the following:

** does my sister have to continuosly live in a designated area for the last 12 months before March 2006. [ie March'2005 -- March'2006] or

** is it sufficient that she had lived for 30 months out of the last 33 months in a designated area before March 2006 and will return to Melbourne after her vacation.

we have an agent in Melbourne,but he had not informed us about any such problem. as it is holidays season now, we are unable to get hold of him and my Sister has to fly on 2nd.

please help!!

aflatun

Hi marineboy

Please check Part I Question 50 of Form 40 of DIMIA which the sponsor has to fill. Its very clear that the sponsor should be living in designated area at the time of filling the form and also living continuously during last 12 months. The form asks to submit 4 different evidences of current residence in the designated area and 4 different evidences for past 12 months.

Thanks

marineboy

Thanks Aflatun.

Can someone please tell me whether my sister can get a refund from the airline ,if she cancels her flight 3 days before the flight date.

marineboy

it_hooker

Call me old fashioned but have you tried asking the airline? Just a thought.....

marineboy

I just went through DIMIA form 40,question 50. but it does not mention that one has to 'continuosly live in the designated area for 1 year. it states that:

you must provide evidence that you:

a. now live in a designated area, and [ after vacation she will live in
Melbourne again]
b. have lived there for at least one year [ nothing about 'continuous']

how do I interprete this.

Marineboy

WESTLY

Short absences for businees or recreation are OK.

Westly Russell
Migration Agent

marineboy

Thanks Westly,

I was informed by my agent that as my sister had lived for more than 2.5 years in melbourne[all her Australia-stay sofar is only in Melbourne & nowhere else]-she should be able to fulfil the 12 months requirement even if she is out of Melbourne/Australia for a 2 months period immediately b4 lodiging her sposorship application.

would a 2 months vacation be a short vacation in your opinion?

cheers

Marineboy

WESTLY

In my opion yes, but that is only my opinion.

marineboy

Thanks again Westly .

Anyway, for some personal reason, my Sister fhad postponed her flight till 7th and by than I hope to get some more suggestions on this forum.

wish everyone on this forum a very Merry Christmas and Happy new year.

cheers.

MB

Nitu23

    > > In my opion yes, but that is only my opinion.
    > Thanks again Westly .
    > Anyway, for some personal reason, my Sister fhad postponed her
    > flight
    > till 7th and by than I hope to get some more suggestions on
    > this forum.
    > wish everyone on this forum a very Merry Christmas and Happy new year.
    > cheers.
    > MB
    > --

Hi Mb,

Your sister's visit to overseas should not effect the sponsorship, as
she will not resume residence of any other country during the visit. My
wife is a sponsor for 139 category. she visited overseas for 45 days,
but that did not effect her sponsorship. The proof of residence in
country for 24 months and 12 months in designated area are:

1. Arrival stamp on passport (proof of first entry to australia)
2. Driving Licence issued earlier than 12 months displaying address in
designated area
3. Bank Statements dating back for 12 months displaying address in
designated area

4. Rental contract or proof of ownership of property (council rates etc)
displaying address in designated area

4. Water/phone/electricity bills dating back for 12 months displaying
address in designated area

5. Australian Taxation Office Assessment Notice displaying address in
designated area

7. Letter from Employer stating that employee is working (in designated
area) for more than 12 months.

If you look at form 40, your sister needs to provide a required number
of possible evidences listed above (not all the evidences). As long as
your sister is not going to do the following, she will be legitimate
resident of australia during overseas visit:

6. cancels lease of rental house during absence from australia
7. closes bank account
8. Disconnects telephone, electricity or water connections etc

If your sister has still any query just call DIMIA on 3rd of Jan, they
will explain it very clearly.

Cheers!
nitu

--
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marineboy

Thanks Nitu,

I have instructed my sister to keep her bills running. she should get her cell phone bills,gas bills & bank account statements regularly during her vacation period. as she was living in a shared apartment she has only the gas bill of that apartment in her name.

cheers

mb