Jonahs_mummy

Hi Guys

Wondered if somebody could supply a little advice from experience......

So far in our expedition to get to Aus we had made the decision that we
were going to apply via the Australian Sponsored Designated Area
route.......

The thing is, my Mum & Step-father (one of which was to be the Sponsor)
have just told me that as they have worked out of the country Jan 2001
to Nov 2004 they have not paid tax in Australia for that period of time.
They will be putting a tax return in for 2005 however.

Does this mean that they are not eligable to sposnsor us?

Confused - much!

Pinoyau

    > Hi Guys
    > Wondered if somebody could supply a little advice from
    > experience......
    > So far in our expedition to get to Aus we had made the decision that
    > we were going to apply via the Australian Sponsored Designated Area
    > route.......
    > The thing is, my Mum & Step-father (one of which was to be the
    > Sponsor) have just told me that as they have worked out of the country
    > Jan 2001 to Nov 2004 they have not paid tax in Australia for that
    > period of time. They will be putting a tax return in for 2005 however.
    > Does this mean that they are not eligable to sposnsor us?
    > Confused - much!

They can sponor you, provided they have lived in a designated area
continuously for at least 12 months immediately before date of visa
application, but Centrelink might not (probably will not) accept
assurances of support from them. These are separate issues. Your assurer
(or assurers) does not necessarily have to be your sponsor.
Take professional advice form a registered migration agent.

Migration Agent

Jonahs_mummy

    > They can sponor you, provided they have lived in a designated area
    > continuously for at least 12 months immediately before date of visa
    > application, but Centrelink might not (probably will not) accept
    > assurances of support from them. These are separate issues. Your
    > assurer (or assurers) does not necessarily have to be your sponsor.
    > Take professional advice form a registered migration agent.
    > Migration Agent

I would take advice from a migration agent but to ask such a small
question would incur huge costs - I am aware that others on the forum
have been in similar situations........... I am simply asking if the tax
situation detailed above would have a bearing on them being allowed to
be my sponsor. They are not going to be my assurer.

Aflatun

    > I would take advice from a migration agent but to ask such a small
    > question would incur huge costs - I am aware that others on the forum
    > have been in similar situations........... I am simply asking if the
    > tax situation detailed above would have a bearing on them being
    > allowed to be my sponsor. They are not going to be my assurer.

Hi
They can sponsor you under Australian-sponsor category (as they reside
in Oz now)
You have to arrange for assurance of support seperately who need not
be your relative. The eligibility of assurer may be found at
Centrelink site.

Cheers

Pinoyau

    > I would take advice from a migration agent but to ask such a small
    > question would incur huge costs - I am aware that others on the forum
    > have been in similar situations........... I am simply asking if the
    > tax situation detailed above would have a bearing on them being
    > allowed to be my sponsor. They are not going to be my assurer.

Not so.
You received the correct advice from a registered migration agent and it
cost you nothing.
I suggested that you take advice because sponsorship is likely to be the
least of your problems.
Best regards
Migration agent

Jonahs_mummy

    > Not so.
    > You received the correct advice from a registered migration agent and
    > it cost you nothing.
    > I suggested that you take advice because sponsorship is likely to be
    > the least of your problems.
    > Best regards
    > Migration agent

Please could you explain further? What do you mean by "sponsorship is
likely to be the least of your problems"? What migration agency do
you work for?

Pinoyau

    > Please could you explain further? What do you mean by "sponsorship is
    > likely to be the least of your problems"? What migration agency do you
    > work for?

To answer your questions in reverse order:

Pinoy Australia Prorietary Limited - www.pinoyau.com

139 sponsorship is fairly straightforward, proof of relationship, proof
of residence in a designated area, and evidence of ability to meet the
sponsorship undertaking - accomodation and financial assistance if
necessary. A properly prepared visa application should identify all the
resources your sponsor can call upon (with documentary evidence) to show
how the sponsorship undertaking will be met in the worst case -
prolonged unemployment or illness.

If you were not sure about sponsorship then it is possible that you
might unclear about other visa criteria.

There are visa criteria that are not covered in the simplistic
booklets published by DIMIA. Can you provide evidence that you are
likely to settle in Australia without imposing an undue burden on the
Australain taxpayer? Have you investigated your empolyment prospects
in the area where you intend to live? Prove it! Can you work in your
field without obtaining registration or licensing? And if not, what
have you done about it?

Whose skills and work experience are you relying upon and did you make
the best choice?

Please do not take my comments as professional advice.

May I suggest that you read Question 50 on page 10 of form 40?

Best regards

Migration Agent

Jonahs_mummy

    > To answer your questions in reverse order:
    > Pinoy Australia Prorietary Limited - www.pinoyau.com
    > 139 sponsorship is fairly straightforward, proof of relationship,
    > proof of residence in a designated area, and evidence of ability to
    > meet the sponsorship undertaking - accomodation and financial
    > assistance if necessary. A properly prepared visa application should
    > identify all the resources your sponsor can call upon (with
    > documentary evidence) to show how the sponsorship undertaking will be
    > met in the worst case - prolonged unemployment or illness.
    > If you were not sure about sponsorship then it is possible that you
    > might unclear about other visa criteria.
    > There are visa criteria that are not covered in the simplistic
    > booklets published by DIMIA. Can you provide evidence that you are
    > likely to settle in Australia without imposing an undue burden on the
    > Australain taxpayer? Have you investigated your empolyment prospects
    > in the area where you intend to live? Prove it! Can you work in your
    > field without obtaining registration or licensing? And if not, what
    > have you done about it?
    > Whose skills and work experience are you relying upon and did you make
    > the best choice?
    > Please do not take my comments as professional advice.
    > May I suggest that you read Question 50 on page 10 of form 40?
    > Best regards
    > Migration Agent

Thankyou for you comments. We are using my husbands trade of Head Chef
for our skilled assessment, the 2nd attempt of which is to be sent in
approx 2 wks. We have taken advice over this TRA application from a
registered agent already in Australia. My occupation is only a 40 point
application so we think it would be better to use his.

We have throughly researched this application for over 3 years, and know
that the Assurer has to have been a tax payer for the last 2 years prior
to application but was unsure about the necessary tax situation of the
sponsor - that was all.

Please do not think that my husband & I are applying to emigrate on a
whim - that is so not the case.

Pinoyau

    > Thankyou for you comments. We are using my husbands trade of Head Chef
    > for our skilled assessment, the 2nd attempt of which is to be sent in
    > approx 2 wks. We have taken advice over this TRA application from a
    > registered agent already in Australia. My occupation is only a 40
    > point application so we think it would be better to use his.
    > We have throughly researched this application for over 3 years, and
    > know that the Assurer has to have been a tax payer for the last 2
    > years prior to application but was unsure about the necessary tax
    > situation of the sponsor - that was all.
    > Please do not think that my husband & I are applying to emigrate on a
    > whim - that is so not the case.

139 visas are not points tested so a 40-point occupation would have
been ok provided you had at least 12 months work experience in ANY
skilled occupation at the date of visa application. I wish you the best
of luck with TRA.

Westly Russell

Jonahs_mummy

    > 139 visas are not points tested so a 40-point occupation would have
    > been ok provided you had at least 12 months work experience in ANY
    > skilled occupation at the date of visa application. I wish you the
    > best of luck with TRA.
    > Westly Russell

Thanks Westly for you excellent help!