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Brisbane-Lawyer
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience:  I did my law degree at the University of Queensland
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Hi, I am 31, an Australian Citizen residing in Australia working

Resolved Question:

Hi, I am 31, an Australian Citizen residing in Australia working full time. My sister is 29 and is in Australia as an International student and my mother is the student guardian of my sister because my sister walks with a walking frame; so she has a small disability. What can I do to sponsor my sister so she applies for Permanent resident in Australia? Can my mother apply too and stay with her as her guardian?

My father is still back in Mauritius and he cannot be on student guardian too. only 1 parent can get student guardian. My father has another son with another woman (he is my step brother who we do not talk to and do not know his whereabouts). My mother and my father are about to separate, so I have to look after both my mother and sister, because my mother is 66.

What are the possibilities for my mother and sister to stay with me? Can i sponsor them? because there would be no one to look after them after my sister finish her full time course in 2 years time.
Submitted: 2 years ago.
Category: Australia Law
Expert:  Fran-mod replied 2 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find an Expert to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 2 years ago.
Hi,

yes i am still waiting for an answer :)
Expert:  Fran-mod replied 2 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Customer: replied 2 years ago.

Thanks Fran, I will be waiting for your response.

 

Cheers

Khaliq

Expert:  Brisbane-Lawyer replied 2 years ago.
What can I do to sponsor my sister so she applies for Permanent resident in Australia?

What is your sister studying in Australia, and at which university?
Customer: replied 2 years ago.
Sister is studying Bachlor of Business in Human Resource Management at Victoria University in Victoria
Expert:  Brisbane-Lawyer replied 2 years ago.
If your mother were to pass away, and your sister is your only sibling, then your sister could apply for the Remaining Relative Visa (Onshore) (Subclass 835). As such her best option is to complete her degree and then apply for the Skilled – Independent (Residence) Visa (Subclass 885).

You can sponsor her, but that will only give her points to help her meet the points test. It doesn't mean she would get the visa for certain.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Customer: replied 2 years ago.
If my mother return back to Mauritius and dont stay on the student Guardian visa anymore, and I look after my sister from now on, is that going to help? because my sister is eventualy now my responsibility and She will need me to look after her. if she returns back, parents are too ol to look after her.
Customer: replied 2 years ago.
My sister is my only sibling, but I have a step brother who is my dad's first wife son. How does that affect my sister's application?
Expert:  Brisbane-Lawyer replied 2 years ago.
If my mother return back to Mauritius and dont stay on the student Guardian visa anymore, and I look after my sister from now on, is that going to help?

That wouldn't influence anything. However, if you don't have a father and your mother passes away, then she would be eligible for the visa I mention above. Otherwise the only path she has to gain a permanent residency visa will be to complete her studies and then apply for a skilled migration visa.

If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Customer: replied 2 years ago.

My sister has a small disability. She walks with a frame, because from her knees downwards is handicapped, but she is a normal person like other people.

 

I have 2 questions here:

 

Can my step brother influence the application for my sister's PR or emaining family visa?

 

what are my sister's chances to apply for PR under skilled migration visa if she has this small disability?

 

 

Expert:  Brisbane-Lawyer replied 2 years ago.
She likely will not pass the health requirement for a permanent residence visa if she has a disability.

I'm sorry, and I wish I had better news for you.

I realize that this answer may not be entirely to your liking, and I regret being the bearer of information that you really don’t want to hear. But it would be unfair to you and unprofessional of me if I were to provide you with anything less than truthful and honest information. As such, if my answer has been helpful or informative to you, even if it wasn't necessarily what you wanted to hear, please hit the Accept button.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you
Customer: replied 2 years ago.
What other options there is?

My parents definitely cannot look after my sister since they are 66 already and by the time sis finish her course etc... parents will be around 70. If my mother return back and I show that my sister has been under my responsibility for a long period of time, then can something be done for me to sponsor her and she can get her residence?
Expert:  Brisbane-Lawyer replied 2 years ago.
I don't think there are any other options. Its a matter of meeting the requirements, including points, health, and character. Sometimes DIAC will process the application with a serious health problem, but only if the person can provide a bond or guarantee that if the person needs medical attention, the guarantor will cover the expense.
Customer: replied 2 years ago.
Can I sponsor my sis and mum on a tourist visa for them to be able to stay with me? What is the maximum period they can stay on tourist visa?
Expert:  Brisbane-Lawyer replied 2 years ago.
6 months is the maximum they can stay on a tourist visa, and if you are wiling to provide them with a place to live it would increase their chance of obtaining a tourist visa.
Customer: replied 2 years ago.
if I want to sponsor my entire family to come and live with me in Australia, can I? Bear in mind that I have a step brother who is still back there in Mauritius. would my mum and dad and sister get residence here? Is there any visa that can allow me to do that?

I appreciate your help with all my questions Alex
Expert:  Brisbane-Lawyer replied 2 years ago.
if I want to sponsor my entire family to come and live with me in Australia, can I?

No. As mentioned already, you sponsoring your sister would only give her additional points. She still would need to meet the points test, and even if she did, she would likely be denied a visa because of her medical condition.

I'm sorry, but its not looking promising.

If you want to spend an hour with an immigration lawyer going through in detail all the visa options and examining them, then if you tell me where in Australia you are I can recommend someone for you to go and see.
Customer: replied 2 years ago.
I live in Point Cook, Melbourne, Victoria
Expert:  Brisbane-Lawyer replied 2 years ago.
Melissa Haag would probably be your best bet in Victoria. She even offers telephone consultations if you can't make it down to her office, but a face to face consultation is probably what you will need to thoroughly explore all options. She can be reached on (03) 9663 0026.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14344
Experience: I did my law degree at the University of Queensland
Brisbane-Lawyer and other Australia Law Specialists are ready to help you

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