Parents visa based on my spouse visa

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Old Nov 15th 2005, 5:48 am
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Default Parents visa based on my spouse visa

Hi all

I've just informed my parents that we are finally moving to Australia, my wife is an Australian citizen and we have been married and living in England for the past 8 years.

So obtaining a spouse visa for us should be no problem (unless anyone knows otherwise?)

However my parents who live in Spain are now getting very excited and asking if they can come out too once we are settled!

Does anyone know if this is possible on the back of my spouse visa?

Many thanks

Si
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Old Nov 15th 2005, 10:47 am
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Default Re: Parents visa based on my spouse visa

Originally Posted by Sir Slippery
However my parents who live in Spain are now getting very excited and asking if they can come out too once we are settled!

Does anyone know if this is possible on the back of my spouse visa?
SS,

You may include your parents in your spouse visa application only if they are dependent on you. I don't think your parents would be in this situation, judging by the looks of it.

There are other alternatives, and you might want to go through the options with a registered migration agent who has experience in these matters.

Peter
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Old Nov 15th 2005, 11:36 am
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Default Re: Parents visa based on my spouse visa

Originally Posted by ptlabs
SS,

You may include your parents in your spouse visa application only if they are dependent on you. I don't think your parents would be in this situation, judging by the looks of it.

There are other alternatives, and you might want to go through the options with a registered migration agent who has experience in these matters.

Peter

To add to Peter's post, the Contributory Parent visa is the main visa option they should look at, to see if they have a chance of qualifying once you are in Australia a few years.



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Old Nov 15th 2005, 11:36 am
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Default Re: Parents visa based on my spouse visa

Originally Posted by Sir Slippery
Hi all

I've just informed my parents that we are finally moving to Australia, my wife is an Australian citizen and we have been married and living in England for the past 8 years.
Has your wife got British citizenship? And if not, has she thought about applying for naturalisation before leaving the UK?



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Old Nov 15th 2005, 12:28 pm
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Default Re: Parents visa based on my spouse visa

As peter says, not on the back of the spouse visa but your parents may be eligible for a contributory parent visa if, assuming you have no siblings already in Australia, you are an only child or one of two children and then they would met the balance of family test.

If the contributory parent was an option, you would need to be settled in Australia and so would the sponsor. Settled is normally taken to be 2 years resident in Australia. Your wife as the Australian Citizen could sponsor on your behalf and would be considered settled under a concession for returning Australian Citizens after only 3 months resident in Australia. However, you would also need to be considered settled to meet the criteria and I am not certain whether they will consider you such on the basis of your wife being the sponsor - I would need to check that one out.


Tony

Originally Posted by Sir Slippery
Hi all

I've just informed my parents that we are finally moving to Australia, my wife is an Australian citizen and we have been married and living in England for the past 8 years.

So obtaining a spouse visa for us should be no problem (unless anyone knows otherwise?)

However my parents who live in Spain are now getting very excited and asking if they can come out too once we are settled!

Does anyone know if this is possible on the back of my spouse visa?

Many thanks

Si
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Old Nov 15th 2005, 1:18 pm
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Default Re: Parents visa based on my spouse visa

Originally Posted by welshtony
If the contributory parent was an option, you would need to be settled in Australia and so would the sponsor. Settled is normally taken to be 2 years resident in Australia. Your wife as the Australian Citizen could sponsor on your behalf and would be considered settled under a concession for returning Australian Citizens after only 3 months resident in Australia. However, you would also need to be considered settled to meet the criteria and I am not certain whether they will consider you such on the basis of your wife being the sponsor - I would need to check that one out.


Tony

The Assurance of Support however requires two years eligible ATO tax assessments and this is non-waivable. And it's unlikely someone not closely related would do the 10 year AOS for contributory parent.

The temporary contributory parent visa might be an option but this needs some careful visa planning (preferably with professional assistance) so as not to be left in a mess if you reach the end of the temporary visa period without qualifying for the permanent visa.



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