Wifes sisters husband
Apr 20th 2005, 6:11 pm
#1
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Thread Starter
Joined: Apr 2005
Posts: 16
Wifes sisters husband
Hello and thanks for hosting a n informative forum!
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
Apr 20th 2005, 7:20 pm
#2
Joined: Jul 2004
Posts: 6,360
Re: Wifes sisters husband
I may be wrong but I thought the "sole remaining relative" thing applied to parental visas? 
Apr 20th 2005, 8:11 pm
#3
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Joined: Feb 2005
Location: Adelaide
Posts: 885
Re: Wifes sisters husband
Hi there
It's last remaining relative, when we finally get there this is how we will eventually bring our 18 yr old out to us.
I don't think this applies to sisters, and certainly not if shes married, I think they have to be "all alone" to be able to use this path
Carole
It's last remaining relative, when we finally get there this is how we will eventually bring our 18 yr old out to us.
I don't think this applies to sisters, and certainly not if shes married, I think they have to be "all alone" to be able to use this path
Carole
Originally Posted by mickjoebill
Hello and thanks for hosting a n informative forum!
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
Apr 20th 2005, 11:04 pm
#4
Retired
Joined: Apr 2004
Posts: 34,649
Re: Wifes sisters husband
Originally Posted by bridiej
I may be wrong but I thought the "sole remaining relative" thing applied to parental visas?
Advice to original poster - remaining relative sounds like a non-starter for both your sister and her husband. If he's an accountant have you looked at general skilled migration (if he's under 45?)
A business migration visa should only be looked at if he's ineligible for general skilled, but get professional advice as on top of the regular requirements those running service businesses can spend at most 50% of their time providing that service as opposed to running the business.
Jeremy
Apr 20th 2005, 11:45 pm
#5
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Wifes sisters husband
Originally Posted by mickjoebill
Hello and thanks for hosting a n informative forum!
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
I'm Aussie, my wife has PR. Her sister is sole remaining relative and on the face of it is entitled to come to Australia.
However we are struggling with getting her hubby out as he has two brothers (that he rarely sees). As I understand the rules he can't come as he has these remaining relatives.
He runs a small accounting firm.
Could he make it under the new rules?
Any ideas?
mickjoebill
The rules about remaining relative are very clear, that you can disregard up to three overseas near relatives as long as you've had no contact for three years and they live in other countries. DIMIA is going to make it even stricter on 1 July, even one overseas near relative and you're done for.
So as Jeremy says, look at general skilled first, although you may find if he's doing accounting less than 50% of his time he also qualifies for business migration.
Cheers,
George Lombard
www.austimmigration.com.au
Apr 20th 2005, 11:46 pm
#6
Joined: Jul 2004
Posts: 6,360
Re: Wifes sisters husband
Originally Posted by JAJ
No - parent visas require 'balance of family' test which is different. A parent can't migrate as a remaining relative.
Apr 21st 2005, 6:20 am
#7
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Joined: Apr 2005
Posts: 16
Re: Wifes sisters husband
Many thanks for the replies.
As I understand it my wifes sister *is* ok to come as she has no other remaining relatives. or have I got this wrong....
The problem is her husband who has 2 brothers.
Such a shame that she faces day to day life without close relatives, unless she leaves hubby behind.
Mickjoebill
As I understand it my wifes sister *is* ok to come as she has no other remaining relatives. or have I got this wrong....
The problem is her husband who has 2 brothers.
Such a shame that she faces day to day life without close relatives, unless she leaves hubby behind.
Mickjoebill
Apr 21st 2005, 7:38 am
#8
Reg. Migration Agent
Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Wifes sisters husband
Originally Posted by mickjoebill
Many thanks for the replies.
As I understand it my wifes sister *is* ok to come as she has no other remaining relatives. or have I got this wrong....
The problem is her husband who has 2 brothers.
Such a shame that she faces day to day life without close relatives, unless she leaves hubby behind.
Mickjoebill
As I understand it my wifes sister *is* ok to come as she has no other remaining relatives. or have I got this wrong....
The problem is her husband who has 2 brothers.
Such a shame that she faces day to day life without close relatives, unless she leaves hubby behind.
Mickjoebill
You've got it. She can either ditch her husband or dispose of his brothers. Difficult choice :-)
Cheers,
George Lombard
www.austimmigration.com.au
Apr 21st 2005, 7:53 am
#9
Joined: Jul 2004
Posts: 6,360
Re: Wifes sisters husband
Originally Posted by George Lombard
Dear MJB,
You've got it. She can either ditch her husband or dispose of his brothers. Difficult choice :-)
Cheers,
George Lombard
www.austimmigration.com.au
You've got it. She can either ditch her husband or dispose of his brothers. Difficult choice :-)
Cheers,
George Lombard
www.austimmigration.com.au
Apr 21st 2005, 9:11 am
#10
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Thread Starter
Joined: Apr 2005
Posts: 16
Re: Wifes sisters husband
Originally Posted by George Lombard
Dear MJB,
You've got it. She can either ditch her husband or dispose of his brothers. Difficult choice :-)
Cheers,
George Lombard
www.austimmigration.com.au
You've got it. She can either ditch her husband or dispose of his brothers. Difficult choice :-)
Cheers,
George Lombard
www.austimmigration.com.au
MJB
Apr 21st 2005, 2:46 pm
#11
I don't re Member
Joined: May 2004
Location: Termite Country (Tanah Merah)
Posts: 1,372
Re: Wifes sisters husband
Originally Posted by George Lombard
Dear MJB,
The rules about remaining relative are very clear, that you can disregard up to three overseas near relatives as long as you've had no contact for three years and they live in other countries. DIMIA is going to make it even stricter on 1 July, even one overseas near relative and you're done for.
So as Jeremy says, look at general skilled first, although you may find if he's doing accounting less than 50% of his time he also qualifies for business migration.
Cheers,
George Lombard
www.austimmigration.com.au
The rules about remaining relative are very clear, that you can disregard up to three overseas near relatives as long as you've had no contact for three years and they live in other countries. DIMIA is going to make it even stricter on 1 July, even one overseas near relative and you're done for.
So as Jeremy says, look at general skilled first, although you may find if he's doing accounting less than 50% of his time he also qualifies for business migration.
Cheers,
George Lombard
www.austimmigration.com.au
I am in a similar position - or at least will be later, maybe next year, if/when we become citizens, we would like to sponsor in my wife's sister as the last living relative. She lives in Ireland with her husband and 2 children (<10yrs)
He has one sibling, a sister in UK who he has not seen for +5 years.
If they are still legible under the new criteria, what we find eerie is how do you prove you DON'T have contact with someone? Proving de facto is one thing but proving you haven't seen someone? How do you do that? (if we are legible)
Andrew
Apr 21st 2005, 3:02 pm
#12
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Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Wifes sisters husband
Originally Posted by andrew63
George
I am in a similar position - or at least will be later, maybe next year, if/when we become citizens, we would like to sponsor in my wife's sister as the last living relative. She lives in Ireland with her husband and 2 children (<10yrs)
He has one sibling, a sister in UK who he has not seen for +5 years.
If they are still legible under the new criteria, what we find eerie is how do you prove you DON'T have contact with someone? Proving de facto is one thing but proving you haven't seen someone? How do you do that? (if we are legible)
Andrew
I am in a similar position - or at least will be later, maybe next year, if/when we become citizens, we would like to sponsor in my wife's sister as the last living relative. She lives in Ireland with her husband and 2 children (<10yrs)
He has one sibling, a sister in UK who he has not seen for +5 years.
If they are still legible under the new criteria, what we find eerie is how do you prove you DON'T have contact with someone? Proving de facto is one thing but proving you haven't seen someone? How do you do that? (if we are legible)
Andrew
First, you don't need to be citizens to sponsor in this category, just "settled", which normally means two years' residence in Australia prior to sponsoring.
Second, are any of the parents alive? It's not just siblings.
Third, proving an absence of contact is certainly a delicate matter, but we've been able to do it when required. If you needed to do it yourself, you'd research the MRT database to look at similar cases. We had one earlier this year: http://www.austlii.edu.au/cgi-bin/di...TA/2005/40.htm .
Fourth, we think all this will change on 1 July, as the Minister's announcements of 14 April included the suggestion that because it was so difficult to prove an absence of contact you'd have to kill off all your relatives to qualify (and yes, I am paraphrasing!).
Cheers,
George Lombard
www.austimmigration.com.au
Apr 21st 2005, 8:08 pm
#13
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Joined: Apr 2005
Posts: 16
Re: Wifes sisters husband
Originally Posted by George Lombard
Hi Andrew,
First, you don't need to be citizens to sponsor in this category, just "settled", which normally means two years' residence in Australia prior to sponsoring.
Second, are any of the parents alive? It's not just siblings.
Third, proving an absence of contact is certainly a delicate matter, but we've been able to do it when required. If you needed to do it yourself, you'd research the MRT database to look at similar cases. We had one earlier this year: http://www.austlii.edu.au/cgi-bin/di...TA/2005/40.htm .
Fourth, we think all this will change on 1 July, as the Minister's announcements of 14 April included the suggestion that because it was so difficult to prove an absence of contact you'd have to kill off all your relatives to qualify (and yes, I am paraphrasing!).
Cheers,
George Lombard
www.austimmigration.com.au
First, you don't need to be citizens to sponsor in this category, just "settled", which normally means two years' residence in Australia prior to sponsoring.
Second, are any of the parents alive? It's not just siblings.
Third, proving an absence of contact is certainly a delicate matter, but we've been able to do it when required. If you needed to do it yourself, you'd research the MRT database to look at similar cases. We had one earlier this year: http://www.austlii.edu.au/cgi-bin/di...TA/2005/40.htm .
Fourth, we think all this will change on 1 July, as the Minister's announcements of 14 April included the suggestion that because it was so difficult to prove an absence of contact you'd have to kill off all your relatives to qualify (and yes, I am paraphrasing!).
Cheers,
George Lombard
www.austimmigration.com.au
any ideas what the changes will be in July?
thanks
Mickjoebill
Apr 21st 2005, 8:14 pm
#14
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Joined: Jan 2003
Location: Inner Western suburbs of Sydney
Posts: 4,483
Re: Wifes sisters husband
Originally Posted by mickjoebill
Hello George,
any ideas what the changes will be in July?
thanks
Mickjoebill
any ideas what the changes will be in July?
thanks
Mickjoebill
It's all at http://www.immi.gov.au/media_release...m-measures.pdf - reading it again I noticed that the implementation date for the remaining relative issue is 1 November 2005.
Cheers,
George Lombard
Apr 22nd 2005, 2:37 pm
#15
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Joined: May 2004
Location: Termite Country (Tanah Merah)
Posts: 1,372
Re: Wifes sisters husband
Originally Posted by George Lombard
Hi Andrew,
First, you don't need to be citizens to sponsor in this category, just "settled", which normally means two years' residence in Australia prior to sponsoring.
Second, are any of the parents alive? It's not just siblings.
Third, proving an absence of contact is certainly a delicate matter, but we've been able to do it when required. If you needed to do it yourself, you'd research the MRT database to look at similar cases. We had one earlier this year: http://www.austlii.edu.au/cgi-bin/di...TA/2005/40.htm .
Fourth, we think all this will change on 1 July, as the Minister's announcements of 14 April included the suggestion that because it was so difficult to prove an absence of contact you'd have to kill off all your relatives to qualify (and yes, I am paraphrasing!).
Cheers,
George Lombard
www.austimmigration.com.au
First, you don't need to be citizens to sponsor in this category, just "settled", which normally means two years' residence in Australia prior to sponsoring.
Second, are any of the parents alive? It's not just siblings.
Third, proving an absence of contact is certainly a delicate matter, but we've been able to do it when required. If you needed to do it yourself, you'd research the MRT database to look at similar cases. We had one earlier this year: http://www.austlii.edu.au/cgi-bin/di...TA/2005/40.htm .
Fourth, we think all this will change on 1 July, as the Minister's announcements of 14 April included the suggestion that because it was so difficult to prove an absence of contact you'd have to kill off all your relatives to qualify (and yes, I am paraphrasing!).
Cheers,
George Lombard
www.austimmigration.com.au
Thanks
Link does not work, can you supply fix?
Also, all parents are dead.
Andrew
