> Hi Cheryl
>
> Could you just explain the new rule under the 139 visa? ie, are you
> saying that nobody applying for this visa )wheter they choose to live
> in the sponsored area or not) will be granted permanent residency?
> We are moving to a designated area and that is also where our sponsor
> lives , does this mean the same for us?
>
> Thanks
>
>
> If your brother agrees to sponsor you you can apply either under 138
> or 139 as Victoria is a designated area. You do not have to live in
> the same region as your sponsor however this will change under the 139
> from July 2006 when you will not be granted perminant residency and
> will have to live and work in Victoria for 2 years. You sound like you
> have enough points for the 138 though and therfore would not have the
> time restriction.
>
> Cheryl[/QUOTE]
The current 139 subclass visa is a PR visa and allows you to live
anywhere in Australia you want (ie: you don't have to live where your
sponsor does). This visa category is being changed (likely it will
change number as well) to a temporary visa in July 2006. If you apply
for this visa prior to the visa changing into a temp (ie: before July
2006) then you will likely qualify under the old rules and get a PR visa
which allows you to live anywhere.
Temp visas have restrictions on them, in this case it will be much like
the regional visa type scheme from the sounds of it, where you need to
live in the designated area for 2 years before trying to get a PR which
would allow you to live in a non-designated area. Obviously this is
speculation at this point though as the rules for the new visa have not
been officially announced.
If you qualify for a 139 and it's your only way into Australia (ie: you
can't get 110 for a 138 or qualify for any other visa type) then you
should apply ASAP.
As for the situation of the original poster, it sounds like he would
certainly qualify for a 139 visa as well as a 138. If he is ready to
apply right now I would personally go for the 139 as it is supposed to
be prioritized and might be a bit faster that the 138. There is no
different rules for the 139 than the 138 in terms of where you can live
etc, so the 138 is no better in that respect. Note that the OP would
need to be the main applicant as his brother would be the sponsor,
although the basic criteria could be satisfied by his wife. And as
Jeremy states, be sure you have the assurer lined up properly and that
they meet the income requirements as many people get caught on this at
the last minute. The assurer needs to show taxable income above a
specific level for the last 2 tax years to quailfy, and they need to
show tax receipts to prove it to CentreLink. There is no wiggle room for
this - if you miss it by $1 that's too bad.
Cheers,
Brian
[/QUOTE]
--
Posted via http://britishexpats.com |