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    1. #1

      Proof of 'settled' state for sponsor of a CAPV (864)

      Hello all,

      my parents are currently in Australia on a holiday visa and would like to apply for the Contributory Aged Parent Visa (subclass 864). The balance of family and everything like that works out fine but we a bit confused about the requirements for proving that the sponsor is 'settled'.

      My brother will be sponsoring my parents on this application, he has been in Australia on a permanent skilled visa for around 7/8 months. The guidelines for the visa suggest that the sponsor should have been resident for a period of 2 years but this article: http://www.gomatilda.com/news/article.cfm?articleid=441 would seem to suggest that centering your life around Australia is more important than the period of time you have been resident. He has the following in support of his proof of residency:

      Mortgage for house he has bought + rental documents in same area prior to this
      Car purchase
      Full time employment at same company for around 6/7 months
      Various other documents (gym membership, football club membership etc.)

      He does not own any property or indeed have any possessions in the UK, everything he owns is in Australia and has no intention whatsoever of leaving.

      Will he be able to sponsor my parents application in his current situation of having been resident for a relatively short period of time but with a lot of evidence to show he is settled?

      If anyone has been in a similar situation I would love to hear about it, my parents don't want to 'waste' an application fee if it is certain to be rejected!

      Many thanks.

    2. #2
      We've going through this CPV - it's a long process, so good luck with it!
      In terms of what they say is "settled". All that you've mentioned, but we were advised 2 tax returns is a minimum for the settled period. As it turned it, this wasn't far off of 2 years anyway for us...
      They will take less than this "in exceptional circumatances". My wife asked for an explanation on this from DIAC on many occasions and never got a straight or conclusive answer I'm afraid.
      All the things you've mentioned tick the right boxes, but I'd say you'll need to wait another year so that he has two tax returns.
      FYI - once the process starts (don't hold you're breath - application lodged in October, still awaiting case officer, from which point it's around 6 months), they can still apply for a 12month visa. So once they're 10-11months from expected visa grant time, they can come over on the tourist visa, hop over to NZ or similar get the CPV visa stamp in the consulate and hop back to Oz permanently.

    3. #3

      Senior Member
      Join Date
      Oct 2008
      GM Tax office now open in Adelaide!
      97 times
      There is no requirement to have lodged two tax returns to be considered "settled" in Australia ...

      Best regards.
      Managing Director, Go Matilda Visas, http://www.gomatilda.com - Partner, GM Tax, http://www.gmtax.com.au
      Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
      Offices in the UK and in Australia


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