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Old 26th May 2011, 03:12 PM   #4
nvoorst
 
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Join Date: Jan 2010
Location: Cairns
Posts: 1,073
Nick van Voorst van Beest Registered Migration Agent
MARN 0640648
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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
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Nick van Voorst
Registered Migration Agent 0640648

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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances. Migration advice can only be provided after a contract has been entered into and the required fee has been paid.
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