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Immigration Forum / Australia and NZ / February 2005



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139=pr???

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jackie/steve - 06 Feb 2005 20:19 GMT
Hi,
I was wondering if anyone out there could confirm for me that the 139
visa is permanent residency as soon as you arrive permanently in
Australia.
i thought i knew but now im starting to doubt myself,
Jackie
Alan Collett - 06 Feb 2005 22:10 GMT
> Hi,
> I was wondering if anyone out there could confirm for me that the 139
> visa is permanent residency as soon as you arrive permanently in
> Australia.
> i thought i knew but now im starting to doubt myself,
> Jackie

It is a permanent residency visa that is valid so long as you pass
through immigration clearance before the required Initial Entry Date
shown on your visa.

Best regards.

Signature

Alan Collett of Go Matilda, http://www.gomatilda.com

Karenp - 07 Feb 2005 09:20 GMT
> Hi,
> I was wondering if anyone out there could confirm for me that the 139
> visa is permanent residency as soon as you arrive permanently in
> Australia.
> i thought i knew but now im starting to doubt myself,
> Jackie

Hi Jackie

I see you have already had an answer from Allan re the 139.

I am also applying for the 139 - can you tell me how your application
has gone? Anything I should know? - I am right at the beginning.

Cheers, Karen
Alan Collett - 07 Feb 2005 09:25 GMT
> Hi Jackie
>
[quoted text clipped - 4 lines]
>
> Cheers, Karen

A point to watch ... make sure your Assurer has the required level of
assessable income as per his/her/their Tax Assessment Notices issued by
the Australian Taxation Office for the last two income tax years.
You'd be surprised at how many people think all is well, and then find
it isn't ...

Best regards.

Signature

Alan Collett of Go Matilda, http://www.gomatilda.com

jackie/steve - 07 Feb 2005 09:40 GMT
> A point to watch ... make sure your Assurer has the required level of
> assessable income as per his/her/their Tax Assessment Notices issued
[quoted text clipped - 3 lines]
>
> Best regards.

Thanks for that Allan, i think we have that sorted my sisters husband
will be joint assurer he is a fireman,she also works but is self
employed but toghether they should be o.k,we have four children and we
think the income they should earn is $45000.Jackie
jackie/steve - 07 Feb 2005 09:36 GMT
> Hi Jackie
>
[quoted text clipped - 4 lines]
>
> Cheers, Karen

Hi Karen,
We have been looking at the 139 for a few months now,but we cannot apply
until feb 06 as my husband is just finishing his pgce and for the 139
you need to be in paid employment for 6 mths before applying althought
we will get an agent in nov and get his skills assessed,so when the six
mths is up we can apply with hopfully no hold ups,
Jackie
Karenp - 07 Feb 2005 09:58 GMT
> Hi Karen,
> We have been looking at the 139 for a few months now,but we cannot
[quoted text clipped - 3 lines]
> when the six mths is up we can apply with hopfully no hold ups,
> Jackie

Hi and thanks Jackie (also hi to Alan!)

We have not started the process yet either as are just trying to decide
which route to take in and also are waiting to hear from a potential
job offer for my husband. We have the points so can do it that way and
I have an aunt who is most willing and keen for us to go out. On the
centre link website it says that an assurer must have an income greater
than the threshold - do you know what that threshold is? Also am I
correct in understanding that my aunt would have to pay a refundable
bond of $5000 for me and my husband that would only be refunded after
30 months??

Karen
jackie/steve - 07 Feb 2005 10:27 GMT
> Hi and thanks Jackie (also hi to Alan!)
>
[quoted text clipped - 9 lines]
>
> Karen

Hi
I  think the threshold depends on the children you have i think it
around $45000/$47000 for us we have four.Althought my info comes from
this website and the immi website.(The assurrer does not have to be the
same person as sponsor)
Yes your aunt will get the info when she goes for her centrelink
interview it is refundable after 2 yrs, i think.
You will need full birthcertificates of you, your aunts and i think your
mum's to show the family link for the 139.
My friends just went out to w.a on job sponsor it took about 2 months in
all she had already had police/medical checks done beforhand though she
loves it. Jackie.
Karenp - 07 Feb 2005 11:13 GMT
> Hi
> I  think the threshold depends on the children you have i think it
[quoted text clipped - 8 lines]
> in all she had already had police/medical checks done beforhand though
> she loves it. Jackie.

Thanks Jackie

No children yet - just the 2 of us.
Many thanks and good luck

Karen
brian0 - 07 Feb 2005 18:52 GMT
> Thanks Jackie
>
> No children yet - just the 2 of us.
> Many thanks and good luck
>
> Karen

Here's a link to a thread that talks about assurer income levels. The
levels depend both on how many people are in your family as well as how
many are in your assurers family (dependents).

http://britishexpats.com/forum/showthread.php?t=278799&highlight=-
aos+income

Note also that if you have dependent children over age 18 that are going
with you then your bond will also include an additional $1500 for each
child over 18. For most families the bond is simply $5000 as there are
no children in this situation. The bond is $3500 for the primary
applicant and $1500 for the spouse on the application, so if you are
single the bond would only be $3500.

Cheers,
Brian
Karenp - 07 Feb 2005 20:59 GMT
> Here's a link to a thread that talks about assurer income levels. The
> levels depend both on how many people are in your family as well as
[quoted text clipped - 12 lines]
> Cheers,
> Brian

Thanks Brian

If I understand it correctly then. My aunt + her partner (0 dependants)
+ me and my husband (0 dependants) means she needs an income of about
$35 000 and the $5000 bond.

Will check with her re income (provable via tax returns).

Cheers, Karen
brian0 - 07 Feb 2005 22:01 GMT
> Thanks Brian
>
[quoted text clipped - 5 lines]
>
> Cheers, Karen

Actually, you would be covered by the row that contains "2 0 34985 2 0
5000 39985". This means that there are 2 adults and no dependents on the
assurer side, and 2 adults and no dependents on the assuree (your) side.
The $5000 part is not the bond, but the amount that the assurers income
must go up by to cover your size family, so $39985 is the required
income level for the AoS. The bond will be $5000 no matter how many
dependents there are or the size of the assurer family, all it depends
upon are the number of "adults" (ie: children over 18 count as adults).

Cheers,
Brian
jackie/steve - 08 Feb 2005 07:46 GMT
> Actually, you would be covered by the row that contains "2 0 34985 2 0
> 5000 39985". This means that there are 2 adults and no dependents on
[quoted text clipped - 8 lines]
> Cheers,
> Brian

Hi Brian,
There does not seem to be on your chart
2,adult+4,children+2,adult+4,children,im just asking as im hoping i have
not got it wrong,my sister+husband will be our assusers they also have 4
childrenbut he is a fireman over there and i don't think there pay is
great.
sorry also i think 2 of the children(my sisters husbands) are over
18,does this matter? Jackie.
JAJ - 08 Feb 2005 11:39 GMT
> Hi Brian,
> There does not seem to be on your chart
[quoted text clipped - 4 lines]
> sorry also i think 2 of the children(my sisters husbands) are over
> 18,does this matter? Jackie.

Problems are likely to arise if *your* children are 18, or about to turn
18 - not theirs.
The income requirements to do a mandatory Assurance of Support are fixed
and not flexible.

Jeremy

Signature

This is not intended to be legal or professional advice in any jurisdiction

brian0 - 08 Feb 2005 14:34 GMT
> Hi Brian,
> There does not seem to be on your chart
[quoted text clipped - 4 lines]
> sorry also i think 2 of the children(my sisters husbands) are over
> 18,does this matter? Jackie.

Hi Jackie,

Here's the wording directly from the CentreLink AoS Factsheet which is
available on the CentreLink web page:

"In all other bonded and unbonded cases the minimum amount of income is
based on the Family Tax Benefit (Part A) income threshold. Currently the
annual income is $32,485.

These amounts include the first child of the assurer and are sufficient
to provide an assurance for one assuree. They are further increased
according to the number of other adults and children who are dependent
on the assurer for support and the number of adults and children who are
going to be covered by the Assurance of Support. The amounts are
increased by $2500 for each adult and $1250 for each child. An assurer?s
partner is not considered to be dependent on the assurer and is not
included in calculating the amount of income required for an Assurance
of Support to be accepted."

Reading this through again I think that the info I gave previously
might have been wrong (can Jeremy confirm this?). The way I read this
now, an assurer with no dependents but with a spouse has an income
basis of $32485, onto which the $5000 additional income requirement
for two adults would be added, giving a total of $37485. This differs
from Datamile's figures inthe spreadsheet he put up as he seemed to
add to the income level for the assurer's spouse, which doesn't seem
to be required.

If this is correct then I think that Jackie's case would be as follows:

- Assurer: 2 adults ($32485) + 2 dependent children ($1250x1) = $33735
- Assuree: 2 adults ($2500x2) + 4 dependent children ($1250x4) = $10000
- Total Income Level Required: $43735

The bond level of course would still be $5000 so long as all Jackie's
children are under 18 throughout the entire application process.

Cheers,
Brian
jackie/steve - 08 Feb 2005 15:05 GMT
> Hi Jackie,
>
[quoted text clipped - 38 lines]
> Cheers,
> Brian

Thanks for that Brian,you have made it really clear,and we should be ok
with our assurer.Jackie
JAJ - 09 Feb 2005 04:35 GMT
> Hi Jackie,
>
[quoted text clipped - 38 lines]
> Cheers,
> Brian

The rules are complex enough so as to require professional assistance in
many cases, especially if the declared taxable income is marginal.

Note it's *taxable* income as per ATO assessments that counts - many
assurers who have packaged part of their salary into fringe benefits or
taken advantage of tax schemes can get caught out in terms of
eligibility to be an assurer.

The income thresholds for a mandatory AOS are not flexible - at all.

Jeremy

Signature

This is not intended to be legal or professional advice in any jurisdiction

woody1cruiser - 28 Feb 2005 19:45 GMT
> The rules are complex enough so as to require professional assistance
> in many cases, especially if the declared taxable income is marginal.
[quoted text clipped - 7 lines]
>
> Jeremy

Sorry to throw a spanner in the works but could somebody please clarify
one point for me.  This income is for the 2 years prior to applying.
does that mean that the figure is the total earned over the 2 years or
that they must beearning this amount per year for the past 2 years.

I hope this makes sense as had a bad day so a bit fuzzy.

Debs
JAJ - 08 Feb 2005 01:59 GMT
> Here's a link to a thread that talks about assurer income levels. The
> levels depend both on how many people are in your family as well as
[quoted text clipped - 12 lines]
> Cheers,
> Brian

If you have children aged 18+ included in the application - or who are
going to turn 18 during processing - then bear in mind that there is a
legal limit of two adults per assuror (including joint assurances) and
you might need to find another assuror.

Overlooking this issue regularly causes a crisis at a late stage of
sponsored applications.

Jeremy

Signature

This is not intended to be legal or professional advice in any jurisdiction

 
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