Family members and migration

[Guest CHORLEY GIRL]

Hi,

 

Wasn't sure whether to post this as you will probably think i'm barmy as i havn't even passed my skills ass yet, however decided to anyway :idea:even though a little premature.

 

Can anyone tell me suppose we get our PR even though we haven't even been granted our temp one yet:biglaugh: what the situation is with getting family members over to Oz.

 

This would be mum, and husband, they are both just over 60 and still working, mum a community support worker and hubbie a HGV driver. They own a property and have some savings but are by no means loaded. Would they qualify? What are the cost implications? How long would it take? Would appreciate any information.

 

Thanks Jo:notworthy:

[Guest Django]

I think Gill (Gollywobbler) will be the best person to ask about this as she knows this area of migration extremely well. If she doesn't reply to this thread I would pm her.

 

Pete

[Guest CHORLEY GIRL]

Cheers Django will do

 

Jo

[Gollywobbler]

Hi Jo

I don’t think you are asking prematurely.

You need to start by reading the following links:

http://www.immi.gov.au/allforms/booklets/books3.htm

http://www.immi.gov.au/migrants/family/parent-outside.htm

http://www.immi.gov.au/migrants/family/parent-inside.htm

At the moment, the first priority is whether Mum and Hubby can meet the Balance of Family Test for Parent migration. If “Hubby” is not your biological father, remember that any children of his will count as your mother’s children as well for the purposes of the Balance of Family Test.

If they will be OK on the BoF test and you will be Sponsoring the application, remember that you MUST – repeat MUST – have PR before they can apply. The requirement is that the Child in Australia must be a “settled Australian Citizen or Permanent Resident”. The same goes for the Sponsor, who is usually the child but could be the child’s cohabiting Spouse/Partner (Page 16 of Booklet 3.)

Current fees for Parent migration are here:

http://www.immi.gov.au/allforms/990i/parent.htm

If you could supply more information, I can help further. For the minute, there is no point in writing an essay about Parent migration unless you are happy that Mum and Hubby will be OK on the Balance o Family Test.

Best wishes

Gill

[Guest CHORLEY GIRL]

Thanks for all that Gill will have a good read up on it then get back to you if i have any more questions if thats ok, probably will!

 

Cheers Jo:)

[Guest Ellie]

Hi Jo

 

I don’t think you are asking prematurely.

 

You need to start by reading the following links:

 

http://www.immi.gov.au/allforms/booklets/books3.htm

 

http://www.immi.gov.au/migrants/family/parent-outside.htm

 

http://www.immi.gov.au/migrants/family/parent-inside.htm

 

At the moment, the first priority is whether Mum and Hubby can meet the Balance of Family Test for Parent migration. If “Hubby” is not your biological father, remember that any children of his will count as your mother’s children as well for the purposes of the Balance of Family Test.

 

If they will be OK on the BoF test and you will be Sponsoring the application, remember that you MUST – repeat MUST – have PR before they can apply. The requirement is that the Child in Australia must be a “settled Australian Citizen or Permanent Resident”. The same goes for the Sponsor, who is usually the child but could be the child’s cohabiting Spouse/Partner (Page 16 of Booklet 3.)

 

Current fees for Parent migration are here:

 

http://www.immi.gov.au/allforms/990i/parent.htm

 

If you could supply more information, I can help further. For the minute, there is no point in writing an essay about Parent migration unless you are happy that Mum and Hubby will be OK on the Balance o Family Test.

 

Best wishes

 

Gill

 

Wouldn't we need to be in OZ on a PR for 2 years before we sponsor our parents out there? We are going on a 175 visa but are under the impression that even though both are my birth parents and I'm the only child we could only sponsor them after being there 2 years?

[Gollywobbler]

Hi Ellie

 

The idea of two years is not set in tablets of stone, though some Agents are apt to imagine - erroneously - that it is.

 

The idea of Sponsoring one's Parents is that the Sponsor undertakes that if disaster befalls the Parents during their first two years in Oz, the Sponsor will provide them with adequate food, clothing, shelter and enough cash to get by on. This will prevent the Parents from being able to claim Special Benefit, which is an emergency Benefit and is not subject to the normal two year rule for other Benefits:

 

http://www.centrelink.gov.au/

 

http://www.centrelink.gov.au/internet/internet.nsf/payments/special_benefit.htm

 

Realistically, the Sponsor cannot give the Undertaking required unless his or her own lifestyle in Australia is both "settled" and permanent in nature. Hence the legislation requires that at least one child must be a "*settled* Australian Citizen or Permanent Resident" and the same goes for the Sponsor, who is usually the same child anyway.

 

Please see this article by Alan Collett of Go Matilda, and please read the two Migration Review Tribunal cases that he cites:

 

http://www.gomatilda.com/news/article.cfm?articleid=441

 

If you wait for two years before your Parents apply, DIAC would require much less evidence to prove that your lifestyle has become "settled" by the time the visa application is made. Please note that this is a time-of-application requirement so it is not enough to gamble on the idea that teh Sponsor's lifestyle will have become settled by the time DIAC get round to considering the fle in detail.

 

The principles outlined in the two cases apply regardless of whether the Parents are seeking a Contributory Parent visa or the non-contributory version.

 

Don't forget, too, that DIAC are pretty good about letting British Parents make extended visits to Oz whilst they wait until they can sensibly apply for CPVs. Nobody wants them to move to Oz without trying the place out first, in case they hate it when they get there!

 

DIAC have no difficulty with six month stays on a subclass 676 visa applied for on-line:

 

http://www.immi.gov.au/visitors/tourist/676/index.htm

 

British Parents who are in Oz on tourist visas (both long stay and short stay) are entitled to the benefit of Medicare for any *necessary* medical treatment, and entitled to the Pharmaceutical Benefits Scheme:

 

http://www.medicareaustralia.gov.au/public/migrants/visitors/index.jsp

 

http://www.pbs.gov.au/html/consumer/home

 

http://www.pbs.gov.au/html/consumer/pbs/about

 

http://www.medicareaustralia.gov.au/public/services/msn/pbs.jsp

 

British Parents of 70 or over must get their own GP to complete a simple form of Medical Certificate, which can be accessed via the Health link on the website of the Australian High Commission in London:

 

http://www.uk.embassy.gov.au/lhlh/Visas%5fand%5fMigration.html

 

I've given you a wider link than you need because a lot of the other stuff on the AHC website is useful as well.

 

There is quite a thriving trade in British Parents using Student Visas so that they won't have to do much, if any, long haul travelling whilst they wait till they can apply for CPVs and during the wait for CPVs to be processed. (The timescale is difficult to predict at the moment. It depends on knowing the number of applications that DIAC have been receiving each month since 1st July 2007. This figure will not be published till mid-December 2008. My hunch is that typical processing times will remain at around 15-18 months. I think the recent increase in the annual CPV quota from 3,500 visas a year to 6,500 will stop the timescale from getting worse than it currently is - one couple whose CPV was granted last week had submitted their application 20 months earlier. I doubt that the new quota will do much (if anything) to reduce the waiting period, however.

 

Once the CPV application is made, a special concession in the rules for the long-stay 676 visa states that Parent visa applicants should normally be given a stay of 12 unbroken months in Oz if they request it. In this scenario, DIAC will impose Condition 8503 on the sc 676 visa, but if a second 676 visa is required it is but a short hop to Auckland or Fiji (the cheapest package deal you can find for 5 or 7 nights) in order to get another sc 676 visa, and then a second hop offshore so that the CPV can be granted in the event that the offshore CPV has been sought.

 

http://www.pomsinoz.com/forum/migration-issues/25677-we-were-tram-melbourne.html

 

http://www.immi.gov.au/media/fact-sheets/52cImposition_of_visa_condition.htm

 

Please shout if you have any more queries.

 

Best wishes

 

Gill