06 | community Immigration
Atty. Imelda Argel Solicitor
f you are applying for a visa which requires a sponsoring relative, your sponsor must be either an Australian citizen, permanent resident or an eligible New Zealand citizen. Moreover, the sponsor may or may not be required to be ‘settled’ or ‘usually resident’ in Australia. This requirement varies for each visa subclass. Settled
“Settled” means “lawfully resident” in Australia for a “reasonable period”. “Lawfully resident” includes periods of lawful temporary residence. Under DIAC policy, a “reasonable period” is generally considered to be two years at the time of visa
A shorter period that is at least three months of lawful residence at the time of application may be considered in regard to an Australian citizen, for sponsorship purposes, in circumstances where: 1. there are compassionate and compelling circumstances or 2. having resided overseas for a lengthy period, the Australian citizen has returned to Australia and wishes to sponsor family members, but may be precluded from doing so due to the ‘two year’ requirement.
“Usually resident” is not defined in the Migration Act or Regulations. It is taken to
Vol. 2 No. 7 | April 2012 | www.kalatas.com.au
Is your sponsor usually resident or settled in Australia?
have its common or dictionary meaning, based on the individual circumstances of each case. However, case law requires consideration of both physical presence and intent determining usual residence.
Under DIAC policy, a sponsor may be accepted as “usually resident”, in the absence of contrary information, if the sponsor holds a permanent visa and is residing, has previously resided in Australia, or has lawfully entered Australia and has established links which are indicative of usual residence. Relevant Visa Subclasses A sponsor for a partner visa, subclass 309 or 820 is neither required to be “settled” nor be “usually resident” in Australia, at
the time of application. Refer to the table above which outlines the sponsor residency requirements for other visa subclasses.
Photo shows A y. Imelda Argel with Prof, Stephanie Short, Convenor, and the par cipants of the forum on “ Ethical Recruitment of Filipino Nurses”, held in Brisbane, Queensland on 29th February 2012.
This information is of a general nature and should not be taken as authoritative legal advice for specific cases. Australia has a scheme that requires persons who give immigration assistance to be registered as migration agent. The writer, Atty. Imelda Argel is a practising migration solicitor and a registered migration agent in Sydney, Australia. She is a Solicitor of the Supreme Court of New South Wales, the High Court of Australia, an Attorney at law in the Philippines and in the State of New York, USA. Her Registered Migration Agent no. is 9682957.
She is the author of TIPS on GSM visas( a publication for migration agents),
recipient of the inaugural NSW FAWAA (Filipino- Australian Women’s Achievement Award) for her outstanding achievements in corporate practice and entrepreneurship, and the University of the Philippines Alumni Association (NSW Chapter) Achievement Award for law and community service. More information is available at www. iargel.com.au
. You can contact the author by email at info@ iargel.com.au
or by fax at (+612) 9699 3210 or by appointment at Suite 41, Ground Floor, 61-89 Buckingham St. SURRY HILLS NSW 2010.
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