Alan Collett

I doubt very much that my "co-worker" (probably Lorraine) wasn't interested in the enquiry.

Rather, we tend to take the view that the only way one can have a degree of comfort that the settled requirement is satisfied by a sponsor is for the sponsor to have lived lawfully in Australia for at least a couple of years, and to be a permanent resident at the time the visa application is lodged. This is preferable - in my view - than find the case officer assesses the application 9 or 10 months later and considers the sponsor is not settled.

Ultimately it is up to the parents to decide whether they want to "roll the dice" and argue the sponsor/child is "settled" before the 2 year period expires. We are happy to help build the case (the arguments would tend to be based on the UK tax case R v Barnet, London Borough Council ex parte Shah for those who are interested) - but the risks must be clearly understood at the outset, and in our experience when these risks are spelt out parents without exception decide to wait until the sponsor has met the requirement of 2 years residence in Australia.

Best regards.

Alan Collett

That's fine Dizzy, but you should understand that if the Assurance of Support income test cannot be satisfied before the temporary CP visa expires the parents will have to depart Australia ... that is the main risk when going down the temporary CP => permanent CP visa pathway.

Best regards.

Dizzydame

Thanks Alan, that is more food for thought, but at the moment which ever way I go I am looking at having to leave Oz for periods of time, as I intend to get out there as much as I can while waiting to apply for the CPV. Just thought if I applied a little bit earlier than the 2 years they wouldnt have the necessary 2yr tax returns. As I have 2 daughters plus their families going felt that a 2yr temporary will give them time to gather the necessary taxes, then split the AOS between them. Other than that it looks like I am in for a very very long wait, ie, wait 2years, apply, processing time, am looking at 3½yrs minimum from the time they arrive. I suppose even applying earlier is only going to cut a few months off.

Ho Hum, back to the drawing board.

Dizzy

welshtony

Hi Dizzy

Sorry to keep spinning you around but .. it's all about planning and timing.

With processing of the visa taking around 12 months, an application by you for a temporary cpv, after 12 months residency by your children, may be a great way of cutting the time it takes you to get to a permanent cpv.

If your daughters and or spouses migrate and start work before or not long after 01 July 2008, and look to be earning enough, either on their own or combined, to show taxable income for the required 2 years, then they will be able to lodge an assurance of support for you come 01 July 2010.

Let's assume they migrate in june 2008 for argument's sake. You then lodge a temporary CPV around June 2009. It will take at least 12 months before you get the temporary CPV, let's say you get it in August 2010. this means that you need to come up with an assurer by August 2012. surely by this stage one or both of your daughters' family would be in a position to sort the Assurance. They can, of course, sort the assurance any time during the 2 years of your temporary CPV.

Worst case scenario, Perth get back to you after 10 months and say they are refusing your application because they do not believe that your sponsoring daughter's family has evidenced tha they had settled well after their first year. at this stage your daughters would be close to having the 2 years residence and yo ucan immediately apply for the CPV again. You would have lost the application fee A$1,390. I would suggest that the roll of the dice is weighted heavily in your favour.

Regards


Tony Coates
MARN 0635896

Dizzydame

Thanks Tony, with that sort of advice you can carry on spinning me around. (They don't call me Dizzy for nothing)

Am willing to take that route, I figure I have a fifty/fifty chance of getting the right result
if I lose the money so be it, if I can get out there 12 months earlier, its worth the gamble.

Thank you soooooooooo much

Dizzy

Dizzydame

Hi Tony,

just another quick question, if I did get a temporary CPV, would I have to wait for that to expire or could I apply for a permanent one say after 12 months

thanks Dizzzzzzzzzzzy

Alan Collett

Dizzy,

You can apply for the permanent CP visa at any time - there is no minimum period of time you must be in Australia as the holder of a temporary CP visa before you seek the permanent version.

Best regards.

Alan Collett

I agree with what you say, Tony, but what if there is in fact no individual who satisfies the AoS income requirement when the case officer requests it? This could be some 2 or 3 years down the track, by which time the parent applicant could have severed all ties with their home country. The parent is then faced with the scenario of being required to depart Australia.

My concern is that in the yearning on the part of the parent to be in Australia and the encouragement of the children to be with them as soon as possible we lose sight of the real risks.

Maybe that is the prudent accountant in me - but we should ensure that we don't let emotional drivers on the part of applicants and their children overwhelm the risks of the very difficult situation that could arise if a few years hence the parent cannot continue to live in Australia.

It is very important that all go into this process with their eyes open as to the consequences of trying to short cut the prudent strategy of waiting until the child has been in Australia for a couple of years and meets the AoS income requirement. In the interim long term visitor visas are available to fill the void - as already mentioned.

Best regards.

welshtony

Hi Alan

I am all for having eyes wide open and I always try to give worst case scenarios with my posts. This encouragement was specific to Dizzy's circumstances. The AOS is likely to be requested 4 or 5 years down the track. The risk there is that if, after 2 years, the combined taxable income of up to three working adults (from the family of her two daughters or friends of) is not around A$50K per annum, and does not continue to be that for two tax years after that, then there is a problem. They would have to look outside the family for an AOS or return and.or re-apply. Dizzy is the best one to judge the risk on this depending on the occupation of the workers in the families and whether they get well paid jobs within the first 2 years of their relocation. When dizzy looks at applying in 18 months time, I'm sure she will check everything through, be sure of the current rules, and make the right decision.

Regards


Tony Coates
MARN 0635896

donovandenese

Hi - does it have to be a child of the parent who provides the AoS?
My sister is an Australian permanent resident (settled for over 2 years) and is currently sponsoring my mum to move over – and will provide her AoS.
I am the only other child, and will be moving to Australia myself in approx March 2008 with my Australian husband. We hope to get a permanent visa straight away as although we don’t have children we have been in a relationship for over 5 years.
My dad is also looking at the possibility of moving – but as I won’t have been “settled” for two years am I right that I couldn’t provide his AoS? I also expect my sister wouldn’t be able to provide the AoS for more than one person – is that correct? (Unfortunately my parents are divorced – although both single)
Are there any other possibilities for providing an AoS for my dad eg my husbands parents?

Alan Collett

The details here might help:
http://www.gomatilda.com/news/article.cfm?articleid=214

Best regards.

donovandenese

thanks Alan - that was really helpful - looks like we might be ok

JAJ

The Assurer does not need to be related. But realistically, an unrelated person is not going to provide a 10 year Assurance of Support as this is a significant commitment on the part of the assurer.

Dizzydame

Thanks Alan and Tony for your help and advice, it has given me a much wider picture of the whole thing and at least now I can start putting some plans together, not feeling quite so daunted by it all.

Once again thank you.

Dizzy

Donna Doo

Thanks from me too - we finally know what we're going to do. Mum is going for the temporary and then will apply for the permanent visa.

Whilst she's waiting for her application to be processed she's going to go out on a visitor visa. I know you can get 6 monthly ones - can you apply onshore to extend them before they expire so you don't have to keep leaving the country?

Donna