Aged Parent Visa Sender: welshtony

Hi Michael

The old Parent Visa is not really worth considering as it has a waiting list of many years so it is unlikely your mother would ever be granted a visa.

The contributory parent is the only one to consider and can be applied for directly or via a temporary visa and then permanent visa so the cost can be split up over a maximum 2 year period.

To sponsor a parent, you would need to be "settled" - this is usually considered to be the case after 2 years of residence in Australia. You can apply before this time claiming to be settled earlier but you are then dependent on the doscretion of the particular case officer handling your case. The two year settled policy is reduced to 3 months for Australian Citizens returning to Australia to live and your Brother's wife could be the sponsor of your mother on the basis that she was settled after 3 months. Legally, your brother would also have to be considered Settled and I think it would be a fair and strong argument to put to DIMIA that if they consider the wife and sponsor to be settled after 3 months, then surely your brother too would be considered settled. Again it would be down to the discretion of the case officer but at least there is a definite basis in DIMIA's own policy to support your case.

This all buttumes your mother meets the balance of family test.

I would certainly engage an Agent who is familiar with applying for lesser periods for the "settled" requirement - most Agents would not be aware of the 3 month concession for returning Australian citizen sponsors etc.

Regards

Tony

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