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Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

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Old Aug 12th 2004, 3:27 am
  #1  
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Default Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Hi

I have a question to ask regarding the above matter. I have an uncle who's staying in Perth around 1.5yrs and is currently a PR holder.

I've gone through the information regarding both subclass 138 and 139. For subclass Designated Area Sponsored 139, it says that:-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, a grandparent, a brother or sister, an uncle/aunt, or first cousin of the main applicant.
----

As for Skilled - Australian Sponsored (138), it says that :-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, or a brother or sister of the main applicant.
----

For 138, it didnt mention uncle/aunt. Does that mean my uncle is not eligible to sponsor me under subclass 138?

Please do advice. Thank you.
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Old Aug 12th 2004, 6:24 am
  #2  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Originally Posted by ben8118
Hi

I have a question to ask regarding the above matter. I have an uncle who's staying in Perth around 1.5yrs and is currently a PR holder.

I've gone through the information regarding both subclass 138 and 139. For subclass Designated Area Sponsored 139, it says that:-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, a grandparent, a brother or sister, an uncle/aunt, or first cousin of the main applicant.
----

As for Skilled - Australian Sponsored (138), it says that :-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, or a brother or sister of the main applicant.
----

For 138, it didnt mention uncle/aunt. Does that mean my uncle is not eligible to sponsor me under subclass 138?

Please do advice. Thank you.

Unsure about 139, I'm currently awaiting grant letter for 138. My aunt sponsored me. As far as I am aware though the person sponsoring you has to be an Australian citizen. Have you checked booklet 6, downloadable from DIMIA website.
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Old Aug 12th 2004, 6:29 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Hi marie,

Thank you for your reply. So, is your aunt an australian PR or citizenship?
May I know which part of Australia ?

Hope to hear from you ASAP. Thank you.
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Old Aug 12th 2004, 6:39 am
  #4  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Originally Posted by ben8118
Hi marie,

Thank you for your reply. So, is your aunt an australian PR or citizenship?
May I know which part of Australia ?

Hope to hear from you ASAP. Thank you.
She's now a citizen
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Old Aug 12th 2004, 7:34 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Your sponsor can either be an Australian citizen or have PR, it doesn't matter which

Alastair
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Old Aug 12th 2004, 7:55 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Originally Posted by ben8118
Hi

I have a question to ask regarding the above matter. I have an uncle who's staying in Perth around 1.5yrs and is currently a PR holder.

I've gone through the information regarding both subclass 138 and 139. For subclass Designated Area Sponsored 139, it says that:-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, a grandparent, a brother or sister, an uncle/aunt, or first cousin of the main applicant.
----

As for Skilled - Australian Sponsored (138), it says that :-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, or a brother or sister of the main applicant.
----

For 138, it didnt mention uncle/aunt. Does that mean my uncle is not eligible to sponsor me under subclass 138?

Please do advice. Thank you.
I'm not sure if this is 100% correct, but for someone to sponsor you, they have to be a PR for 2 years. Can't advise on whether a relative (Uncle) can do that. Maybe seek advice from an agent or have a look on the DIMIA website.
Good Luck!
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Old Aug 12th 2004, 11:02 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated

Originally Posted by claire edwards
I'm not sure if this is 100% correct, but for someone to sponsor you, they have to be a PR for 2 years. Can't advise on whether a relative (Uncle) can do that. Maybe seek advice from an agent or have a look on the DIMIA website.
Good Luck!
Not correct for skilled sponsored. PRs can sponsor provided they are usually resident and can demonstrate ability to fulfil sponsorship undertakings. It is true (settlement requirement) for many other visas like parent.

This issue obviously confuses people like anything (many less experienced agents get confused about it too).

However, if someone has only been in Australia 1.5 years they most likely will not be able to provide an Assurance of Support - someone else eligible and willing will need to do so.

Jeremy
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Old Aug 16th 2004, 5:40 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Hi Alan Collette/George,

Regarding the below question, can anyone confirm whether uncle/aunt is not eligible to sponsor someone under subclass 138? Advice needed. Thank you.




----------------

I have a question to ask regarding the above matter. I have an uncle who's staying in Perth around 1.5yrs and is currently a PR holder.

I've gone through the information regarding both subclass 138 and 139. For subclass Designated Area Sponsored 139, it says that:-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, a grandparent, a brother or sister, an uncle/aunt, or first cousin of the main applicant.
----

As for Skilled - Australian Sponsored (138), it says that :-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, or a brother or sister of the main applicant.
----

For 138, it didnt mention uncle/aunt. Does that mean my uncle is not eligible to sponsor me under subclass 138?

Please do advice. Thank you.
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Old Aug 16th 2004, 6:57 am
  #9  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

I think you should have a read here:

http://www.immi.gov.au/migration/skilled/sponsor.htm

I think you'll find an uncle can act as a sponsor for a 138-visa ... :-))

As Jeremy has said though, don't overlook the requirements placed on an Assurer (mandatory for a 138-application) in terms of the need for income that is assessable in Australia for two (emphasis - TWO) years, as evidenced by Tax Assessment Notices.

Best regards.



Originally Posted by ben8118
Hi Alan Collette/George,

Regarding the below question, can anyone confirm whether uncle/aunt is not eligible to sponsor someone under subclass 138? Advice needed. Thank you.




----------------

I have a question to ask regarding the above matter. I have an uncle who's staying in Perth around 1.5yrs and is currently a PR holder.

I've gone through the information regarding both subclass 138 and 139. For subclass Designated Area Sponsored 139, it says that:-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, a grandparent, a brother or sister, an uncle/aunt, or first cousin of the main applicant.
----

As for Skilled - Australian Sponsored (138), it says that :-
----
Relatives eligible to sponsor this category of visa are a parent, a non-dependent child, or a brother or sister of the main applicant.
----

For 138, it didnt mention uncle/aunt. Does that mean my uncle is not eligible to sponsor me under subclass 138?

Please do advice. Thank you.
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Old Aug 16th 2004, 9:19 am
  #10  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Hi Alan,

Thank you for your prompt reply. Regarding the question on Assurer,
I have a friend staying in Melbourne for 20 years and is a PR holder. Can he/she be my assurer?

My uncle has been staying in WA for around 1.5 years. Is he eligible since he did not exceed the 2 years limit staying in australia?

Please do advice. Thank you.
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Old Aug 16th 2004, 9:26 am
  #11  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Answers below ...

If you are still confused it is probably time to consider paying for some professional advice.

Best regards.



Originally Posted by ben8118
Hi Alan,

Thank you for your prompt reply. Regarding the question on Assurer,
I have a friend staying in Melbourne for 20 years and is a PR holder. Can he/she be my assurer?

=> Probably. Depends on his/her assessable income ...

My uncle has been staying in WA for around 1.5 years. Is he eligible since he did not exceed the 2 years limit staying in australia?

=> Do you understand the requirement as to the assurer's assessable income? Your uncle may have income that has an Australian source that was assessable in Australia before he became tax resident, but that wouldn't be customary.

Please do advice. Thank you.
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Old Sep 15th 2004, 3:22 am
  #12  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

HI Alan,

I'm in the process of applying for Skilled Australia Sponsored subclass 138 visa. I have a few question to ask.

1) Since my sponsor is my uncle, do I need to enclose my dad's birth certificate to proof the relationship between him and my dad? What other documents are needed from the sponsor besides his/her birth cert?

2) As for the AoS part, do I need to apply now ? Or will DIMIA automatically contact my assurer once they have assess my application form?


Advice needed. Thank you
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Old Sep 15th 2004, 5:52 am
  #13  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Ben,

Can I refer you to my last answer ... our fee paying clients wouldn't thank me for giving detailed advice for free ... hope you understand ...

Best regards.



Originally Posted by ben8118
HI Alan,

I'm in the process of applying for Skilled Australia Sponsored subclass 138 visa. I have a few question to ask.

1) Since my sponsor is my uncle, do I need to enclose my dad's birth certificate to proof the relationship between him and my dad? What other documents are needed from the sponsor besides his/her birth cert?

2) As for the AoS part, do I need to apply now ? Or will DIMIA automatically contact my assurer once they have assess my application form?


Advice needed. Thank you
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Old Sep 15th 2004, 6:13 am
  #14  
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Okay. Thank you for your reply. Just a small quote

"Human Knowledge Belongs to the World"
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Old Sep 15th 2004, 6:38 am
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Default Re: Question regarding Skilled - Australian Sponsored (138) and Skilled - Designated Area

Sadly not when I am running a business and I have a family to feed ... :-))

Best regards.


Originally Posted by ben8118
Okay. Thank you for your reply. Just a small quote

"Human Knowledge Belongs to the World"
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