# Contributory Parent Visa (143) Clarification



## Turisas (Nov 12, 2013)

Hey guys,

First time poster here, have been lurking this site for a little while (I've previously gone through the prospective marriage visa and this site was a massive help).

Was wondering if someone could clarify something regarding the 143 visa. Basically I want to sponsor my mother in law to migrate here (have checked she meets all the requirements) but she will also plan on keeping her house in her current country so she can go back and forth when needed. 

Does anyone know if there is a specific requirement for her to be in the country for x amount of time once the visa has been granted?

Also she is currently receiving a pension from this country, would this normally still be paid out if she was to move here? I have just asked this same question to the relevant embassy here but wanted to see if anyone here has come across this scenario.

Cheers


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## Turisas (Nov 12, 2013)

*In case anyone is interested*

Ok I just spoke to a very helpful person from the department of immigration, she advised she could apply for the returning resident visa as long as she can show she's lived in Australia for 2 of the 5 years. This would allow her to keep PR status and to travel in and out of the country as needed.


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## Adam Grey (Nov 8, 2013)

Hello Turisas,

The DIBP officer is correct regarding the Resident Return Visa.

I know you've stated that you checked all the requirements, but as you've said she's your mother-in-law I just thought I'd highlight that although you can sponsor her as a son-in-law (providing you are a settled Australian Citizen/PR) she still needs to be the parent of a settled Australian Citizen/PR and meet the Balance Of Family test.

I've seen many people read the eligibility to sponsor and then assume that son/daughter-in-laws count as a child for the main parental criteria.

One thing to note with these applications right now is that the DIBP are being extremely quick (a few weeks in recent cases) in asking for the AoS, police checks, medicals and looking to process the visa. It's great, but means that the huge 2nd stage Visa Application Charge needs to be readily available from the offset.


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## shingle (Sep 30, 2012)

Turisas-yes she will still be entitled to her pension payments- she will need to make arrangements to have them transferred , by the normal financial transaction route (forex etc).

Good advice Adam...just wondering if you have an idea of the newer processing times for each of the Parent visas? they definitely seem to be speeding up on them which is good news


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## Adam Grey (Nov 8, 2013)

shingle said:


> Good advice Adam...just wondering if you have an idea of the newer processing times for each of the Parent visas? they definitely seem to be speeding up on them which is good news


Sorry, all the recent applications I've seen have been the Contributory versions so I can't comment on the others. Personally I think the DIBP just really want that 2nd stage VAC as soon as possible for their budget!


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## Turisas (Nov 12, 2013)

Hi Adam,

Thank you for your response. 

You mentioned "he still needs to be the parent of a settled Australian Citizen/PR and meet the Balance Of Family test." and got a bit confused by that. Can you clarify that my mother in law is eligible as I am indeed an Australian citizen and my wife is here on a 820 visa (not that it matters). 

The Partner Migration booklet defines the relationship requirement as "An applicant for any parent visa must be a parent or a step-parent of a settled Australian Citizen, Australian permanent resident or eligible New Zealand citizen".

My wife is an only child so no issues regarding the Balance of Family.

Cheers for the heads up regarding the need to have the funds ready for the second VAC.


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## Turisas (Nov 12, 2013)

Shingle thanks for clarifying pension and transfer psrt .


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## CollegeGirl (Nov 10, 2012)

Turisas said:


> Hi Adam,
> 
> Thank you for your response.
> 
> ...


Turisas, your mother in law is not a parent of an Australian Permanent Resident or Citizen yet. You can't sponsor her until your wife goes from 820 to 801 (801 is Permanent Residency), which will be two years after your wife applied for her 820.


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## Adam Grey (Nov 8, 2013)

Hi Turisas,

"Step-Parent" would be in relation to her spouse/partner's children. 

As CollegeGirl states she would not be eligible until your wife becomes a PR. Your wife would also need to be 'settled' in Australia (generally taken as having legally lived in Australia for at least 2 years, but there's various other aspects that can shorten the period)


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## Turisas (Nov 12, 2013)

Ah you guys are right, I've confused step with in-law! Glad you guys caught this before I sent the application off. Will review the situation when my wife becomes a PR.

Thanks again for the help.


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## Adam Grey (Nov 8, 2013)

It's easily done because it's really not the clearest criteria, catches out quite a few people.

Good luck with the future application,


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