DaveandLinda

Hi

My hubby and I are thinking of going over to Aus on a Contributory Parents Visa when my daughter has 2 years residency and can sponsor us. We will have one son left in England. Does anyone know how easy it would for him to then come over on a 'Remaining Relative' visa, assuming he has no 'attachments'? Would we be able to sponsor him or would we have to be in Aus 2 years? I am assuming it would be difficult for daughter to sponsor him as she would be acting as our assurer and this AOS lasts for 10 years. Any ideas?

JAJ

You can't sponsor for remaining relative until you have 2 years in the UK (and can't do AOS until then). And as you say, your daughter will be barred from AOS for 10 years.

However your daughter could sponsor him as soon as you were settled in Australia if someone else could do the 2 year AOS.

Bear in mind that if your son has any "blended" family members (parents, siblings, non-dependent children usually) left outside Australia, this disqualifies from remaining relative. Also note that they will count any relatives of a spouse or de-facto partner he has.

If son can get skilled sponsored this would normally be quicker than remaining relative.

George Lombard

Hi Dave or Linda,

A lot of people in this situation try to get the child over on a working holiday visa, if the remaining relative visa, for example, isn't immediately available. But if you're CPV applicants then he might be ineligible as 31 or over.

However in your case your daughter can sponsor him as easily as she can sponsor you, so that isn't the problem, it's the AoS as Jeremy correctly noted. See http://www.iarc.asn.au/publications/pdfs/aos.doc for the best explanation of the AoS scheme on the internet but I guess they'll have to change it for 1 September when the AoS no longer applies to General Skilled Migration applications.

Cheers,

George Lombard

DaveandLinda

Thanks very much for all your replies. It's interesting to hear that there will no longer be an AOS for the Skilled Migration visa. Would this also apply to the 138 (where a relative can sponsor you) or will this not exist any more from September?

welshtony

Yes, the equivalent of the 138 visa come 01 September, will not have mandatory AOS but:

Will have passmark of 100 in stead of 110 but you lose the current 15 points for sponsorship - so 5 points is lost - 5 points can also be lost for English unless a sufficient score in IELTS when you can then gain 05 points -

so comparing the "old" 138 with it's new repalcement, you either score 10 points less oreffectively maintain your score if the IELTS teat goes well.

Other change would be only 12 months experience in previous 24 months is required for threshold experience - still need 3 years in last 4 for 5 or 10 specific work experience points.

Regards


Tony Coates
MARN 0635896