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-   -   How to prove that I'm settled to sponsor my Parent? (http://forum.migrationhelp.com.au/showthread.php?t=1302)

compilable 20th May 2011 11:25 AM

How to prove that I'm settled to sponsor my Parent?
 
Hi,

I'm planning to apply for contributory parent visa for my father. I came to Australia as a skill migrant in Feb-2011 and currently I'm working full time in my related field.

I want to take my single parent to Australia under contributory parent visa. I wonder how to prove that I'm a settle in this country?? http://www.australiaforum.com/images...s/confused.gif

I ring the imigration hotline to queary about the duration of '2 years' but they said it is NOT mandatory if I can PROVE that I'm settled. So my question is how are they going to asses whether I'm settled in Australian?? http://www.australiaforum.com/images...s/confused.gif

Thanking you for a response. http://www.australiaforum.com/images/smilies/smile.gif

nvoorst 21st May 2011 04:30 PM

Settled

In relation to an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen, means lawfully resident in Australia for a reasonable period.

Under policy, two years (as at time of visa application) is generally considered to be a ‘reasonable period’.

However, when assessing whether or not a person is ‘settled’, each case is to be considered on an individual basis with regard given to the facts of the case, such as extended periods of temporary residence.

Robert K Chelliah 26th May 2011 01:17 PM

Nick

I have situation which I think I need to raise with DIAC policy officers. Can the "settled" conditions of only the spouse of the sponsor be asked to be taken into consideration?

An Australian sponsored his spouse and child for an offshore sc309 visa. On the strength of their relationship the spouse was granted a sc100 visa. The spouse inclusion of her parent as a dependent was not accepted. As the spouse has not resided in Australia for a 'reasonable period of time' can the 'settled' requirement be met by her Australian sponsor instead?

Any past records?

Cheers

nvoorst 26th May 2011 03:12 PM

Hi Robert,

I am not talking from personal experience here, but look at these (edited) schedule 2 requirements for the sc. 143 visa :

143.211
(1) The applicant is:
(a) a parent
of a person[/B][/B] (the child) who is:
(i) a settled Australian citizen; or
(ii) a settled Australian permanent resident; or
(iii) a settled eligible New Zealand citizen

143.212
(1) The applicant is:
(a) sponsored
in accordance with subclause (2) or (3);


(2) If the child has turned 18, the applicant is sponsored by:
(a) the child; or
(b) the child's cohabiting spouse
or de facto partner, if that spouse or de facto partner:
(i) has turned 18; and
(ii) is:
(A) a settled Australian citizen; or
(B) a settled Australian permanent resident; or
(C) a settled eligible New Zealand citizen.

It would therefore appear that both the child and the sponsor must be "settled", because the applicant must be both the parent of a child who is settled and be sponsored by the child or the child's spouse, who must be settled.

So the question is : "are the requirements for "settled" in 143.211 less stringent than the requirements for "settled' in 143.212 or are they the same ?

Regards,

Nick

Annlin 12th July 2017 07:21 PM

Hi Nick,
I am Aus citizen and wants to sponsor my parents and met all the requirements to lodge a visa however, I want to find out how can I qualify as "settled aus citizen. Hubby and I are missionaries overseas and out of the country 8 to 10 months each year but comeback annually as we have a business and file tax return. We have been doing this since 2014. Can I qualify as "settled Aus citzen?

nvoorst 19th July 2017 04:51 PM

Quote:

Originally Posted by Annlin (Hozzászólás 11677)
Hi Nick,
I am Aus citizen and wants to sponsor my parents and met all the requirements to lodge a visa however, I want to find out how can I qualify as "settled aus citizen. Hubby and I are missionaries overseas and out of the country 8 to 10 months each year but comeback annually as we have a business and file tax return. We have been doing this since 2014. Can I qualify as "settled Aus citzen?

Hi Annlin,

It would really depend on your personal circumstances and overall ties to the country.If you maintain a residence here, pay tax here and have other ties, a case could certainly be made. You may want to consider getting some professional advice to assist you with the application. Which visa are you going to apply for?


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