trunchball

There seems to be a lot of different info about the issue of parent visas. My brother is immigrating to Oz in NOv this year on a PR visa. Myself and my younger brother have also started the app process for Ind skilled, (we both have enough points & are simple straightforward cases- we hope!!).

We would like my mum to join us in the future. She is 54 and in good health. She has 4 children and is not married so would meet bal of family. What would be the best route to take? Do we start to look now or do we have to wait till my brother who is going in Nov to be resident for 2 years? We are in a position to contribute to visa costs if this was one way of getting her in.

Apologies for the long winded explanation! Would appreciate any advice. Thanks

Grayling

You need one of you to be resident for 2 years and another to simply be resident.Balance of family only requires half her children to be resident.
The process is easy.Applications are processed in a few months.
She would need to pay $25000 one off payment for PR.One of you would need to pay a returnable bond of assurance of $10000
Not sure how long for.
She would be entitled to Medicare and work rights but no benefits for 2 years.
There may be circumstances where you do not need to wait for 2 years but she would still have to meet the balance of family test.

She would need to meet usual health and character requirements.

Good luck

G

Grayling

I should have added that this is for the Cotributory visa.
The usual parent visa has the same requirements apart from the VAC of $ 25000.
Unfortunately this has a waiting list of several years.

G

Jaj

To add a few points to what Grayling has said:

Grayling wrote:
    >
    > You need
    > one of you to be resident for 2 years and another to simply be
    > resident.

The one that's resident for 2 years must be the one to sponsor.


    >Balance of family only requires half her children to be
    > resident.

Correct (as citizens, PRs or eligible NZ citizens, which appears will be
the case here)


    > The process is easy.Applications are processed in a few
    > months.


As Grayling notes on a different post, this is for the contributory
parent visa. The standard parent visa takes many years (and at the end
of the process, many people are refused because their health has
declined as they get older while waiting)



    > She would need to pay $25000 one off payment for PR.

Plus the normal visa application charge of AUD1795. Both of these
charges will be indexed for the 2004-05 and subsequent years.

The AUD25k payment is only requested at the last stage of the process if
all else is well.


    >One of you
    > would need to pay a returnable bond of assurance of $10000

Effectively it would have to be someone with 2 years ATO tax
assessments, so a newly arrived member of the family would not be able
to act as assurer.
http://www.immi.gov.au/allforms/pdf/28.pdf


    > Not sure how
    > long for.

For contributory parent, it's 10 years.
Standard parent visas have a 2 year assurance period.


    > She would be entitled to Medicare and work rights but no
    > benefits for 2 years.
    > There may be circumstances where you do not need
    > to wait for 2 years but she would still have to meet the balance of
    > family test.


And any designated benefits paid within the first *10* years (see form
28 for a list) are recoverable by Centrelink. Firstly from the bond,
then Centrelink can chase the assurer directly.

As you note, there is a 2 year waiting period for most benefits,
exceptional circumstances notwithstanding, but that leaves 8 years where
there is the chance of a benefits claim. That's not to say one should
not sign a Contributory Parent assurance of support, just have a clear
understanding of what it involves. People in close family relationships
may not have any problem with this.

Contributory Parent visa holders (with the permanent visa) are entitled
to apply for Australian citizenship after 2 years, like any other PR.
This does not affect the assurance of support obligation.


Jeremy

--
This is not intended to be legal advice in any jurisdiction

Alan Collett

These web pages might be of interest:
http://www.gomatilda.com/news/article.cfm?articleid=265
http://www.gomatilda.com/news/article.cfm?articleid=293

The sponsor of a Parent visa application must be "settled" in Australia (= has lived lawfully in Australia for 2 years and is a permanent resident), and so her strategy might be to apply for a temporary Retirement visa (with validity of 4 years) ocne she is aged 55, and to apply for a Contributory Parent visa once her sponsor is settled.

More information re the Retirement visa is here:
http://www.australia.org.uk/VTI/HTML/410_ret.html
http://www.gomatilda.com/news/article.cfm?articleid=287

And this may also be of interest:
http://www.gomatilda.com/news/article.cfm?articleid=290

Hope this helps - if you or your mother would like more details please call my office in Southampton (023 80 488777) and ask for Helen O'Hare.

Best regards.

trunchball

That has cleared up a lot - thanks. Looks like we might be better going through an agent. Would you start applying once my brother had been out there for two years (nov 06) or could you start the process say after 1 year, knowing that by the time you had an agreement the 2 years would be up?

Thanks

Jaj

The sponsor needs to meet the 'settled' requirement at the time of
application, not later on.

Contributory Parent visas are currently taking a lot less than 1 year to
process.

Jeremy

trunchball wrote:

    > That has cleared up a lot - thanks. Looks like we might be better going
    > through an agent. Would you start applying once my brother had been out
    > there for two years (nov 06) or could you start the process say after 1
    > year, knowing that by the time you had an agreement the 2 years would be
    > up?
    >
    > Thanks
    >
    >

--
This is not intended to be legal advice in any jurisdiction

Wol

>>Contributory Parent visas are currently taking a lot less than 1 year to
process.<<

Not THAT much less!