Aussie Visa For Sister In Law?

[Aussie Andy]

Hi all,

I've tried having a look around on the Dept of Immigration site, but I'm a little confursed.

I'm looking what options I have for migrating my sister in law (Thai) to Australia. My wife is a Thai national and currently has a permanent residency visa. We've been living back in Oz for the past 2 years and she has been working the whole time.

One of the options I saw was the remaining relative visa, but I'm not sure if this actually applies as my mother/father in-law are still alive and kicking and the sister lives with them.

If it makes any difference, she has completed a B.A and is willing to study (but the $$ for study may be an issue).

Any help with ideas would be greatly appreciated.

Cheers

[bridge]

Hi all,

I've tried having a look around on the Dept of Immigration site, but I'm a little confursed.

I'm looking what options I have for migrating my sister in law (Thai) to Australia. My wife is a Thai national and currently has a permanent residency visa. We've been living back in Oz for the past 2 years and she has been working the whole time.

One of the options I saw was the remaining relative visa, but I'm not sure if this actually applies as my mother/father in-law are still alive and kicking and the sister lives with them.

If it makes any difference, she has completed a B.A and is willing to study (but the $ for study may be an issue).

Any help with ideas would be greatly appreciated.

Cheers

Aussie Andy

A requirement for a remaining relative visa is that the applicant must have no other overseas near relatives (parent, brother, sister etc.) other than their Australian relative sponsor (and other Australian relatives).

There are very limited exceptions to the above rule, where the applicant does not have any more than three overseas near relatives and the applicant does not generally reside in the same country as them, and further must not have had contact with them within a reasonable period before applying for the visa.

Although not a permanent visa, your sister-in-law might want to look into whether she qualifies for a Work and Holiday visa (subclass 462).

Good Luck

bridge

[garyh]

Friend of my wife brought her niece to Australia on a Sponsored Family Visitor visa (subclass 679) then got her into a hairdressing course at TAFE and now she has permenant redidency. Hairdressing is not the only option there is a list of proffessions that Australia needs people for.

[Aussie Andy]

garyh, your idea sounds very interesting

Thanks guys!!

[bridge]

Friend of my wife brought her niece to Australia on a Sponsored Family Visitor visa (subclass 679) then got her into a hairdressing course at TAFE and now she has permenant redidency. Hairdressing is not the only option there is a list of proffessions that Australia needs people for.

garyh, your idea sounds very interesting

Thanks guys!!

Sorry Guy’s

With respect, that would not have been possible under a subclass 679 visa for the following reasons.

A subclass 679 Sponsored Family Visitor visa has the following mandatory conditions attached to it: 8101, 8201, 8205, 8503, and 8531. In short the visa holder is limited to the following:

· cannot work (8101);

· cannot study for more than 3 months (8201);

· cannot apply for another substantive visa whilst in Australia (8503); and

· cannot stay in Australia beyond the visa validity period (8531).

As stated the above conditions are mandatory and must be imposed on a subclass 679 visa.

In very exceptional circumstances condition 8503 can be waived after the visa is issued. If that condition is waived however, allowing the visa holder to apply for another substantive visa in Australia, then any security deposit paid by the visa holder’s sponsor can be forfeited due to a breach then of condition 8531. Keeping in mind that security deposits, if requested, can be up to AUD$15,000.

To study in Australia and obtain a qualification on the Skills Occupation List (eg. hairdressing) for the length of time necessary to apply for permanent residency under the skilled migration program is a minimum of 2 years. The applicant would therefore have to hold a Subclass 572 Student visa for the duration of her studies before applying for a skilled migrant visa.

If this is the pathway to permanent residency that you are considering for your sister-in-law, I highly recommend that you save yourself an enormous amount of heartache and trouble (not to mention money) and apply for a student visa in Thailand. In any event, if Condition 8503 was to be waived, applying for a Student visa on-shore is extremely difficult as Thailand is classed as an Assessment Level 2 country, which basically means an applicant can only apply for a student visa onshore if there are exceptional reasons for the grant of the visa. DIAC policy gives an example of evidence of significant trade, political or other benefits to Australia.

I am sorry it is not the news that you want to hear, but it may save you a lot of grief down the track.

Good Luck

bridge

[Aussie Andy]

Thanks Bridge, you beat me to it. That was going to be my next question as i noticed the 3 month study limit with the 679 visa on the site.

The student visa is starting to look like the best option... still investigating.

[gburns57au]

Hi all,

I've tried having a look around on the Dept of Immigration site, but I'm a little confursed.

I'm looking what options I have for migrating my sister in law (Thai) to Australia. My wife is a Thai national and currently has a permanent residency visa. We've been living back in Oz for the past 2 years and she has been working the whole time.

One of the options I saw was the remaining relative visa, but I'm not sure if this actually applies as my mother/father in-law are still alive and kicking and the sister lives with them.

If it makes any difference, she has completed a B.A and is willing to study (but the $$ for study may be an issue).

Any help with ideas would be greatly appreciated.

Cheers

Why dont you contact Immigration here and ask them....

Student visas and sponsored family visits visas arent going to help you as you want her to migrate here......

Does she qualify under the general skilled migration visa requirements.?

Edited November 26, 2008 by gburns57au