如何解决143 担保人2年居住问题

Dear Mr. Li,

I am the officer responsible for processing this application and following my initial assessment I have concluded that the requirement for sponsorship is not met for this application.

I note that the sponsor for this application does not appear to meet the usually resident requirement. Please find additional details in the letter attached and an invitation to comment on the circumstances surrounding this sponsor’s settlement and usual residence.

To be eligible to sponsor, a sponsor must be able to show that they are settled and that they are usually resident in Australia. Being usually resident in Australia is a mandatory requirement for sponsors who are Australian permanent residents.

Yours sincerely,

Jennifer
6006101
移民官认为我的客户不符合居住条件

 

我的回复

Dear Jennifer

re: Client Name Xxxx

date of birth ：

file number: osf2010/073148

 

16.1      Australian permanent residents and eligible New Zealand citizens

1.       Regulation 1.03 defines settled to mean ‘lawfully resident in Australia for a reasonable period’.

2.       ‘Lawfully resident’ includes periods of lawful temporary residence.

3.       Under policy, two years (as at time of visa application) is generally considered to be a ‘reasonable period’. However, when assessing whether or not a person is ‘settled’, each case is to be considered on an individual basis with regard given to the facts of the case, such as extended periods of temporary residence.

Mr xxx   is very well established in Australia and could be considered as settled given the following evidences.

The evidences include:

1.       He bought a house in xxxxx( Notice of council rate is provided)

2.       He worked in  xxxxx pty ltd . The position is a full time permanent position. (Working contract is provided).

3.       He has travel needs to work in China to open the market for SA wine, however his home is in Australia..

4.       He enrolled a master of international business course in Unisa. (offer letter is provided)

5.       He lived in Australia on student visa for a reasonable period of time before getting PR. The lawfully resident should include the period of his temporary residence.ref: pam 16.1(2)）

6.       He bought a car which is another major asset besides the property in Australia.（rego copy is provided)

7.  substantial amount of money is being transferred to Australia (bank statement is provided)

Given the 7 reasons above and assessing on his own merits, xxxx is settled in Australia.

今天收到回信问题解决了。移民官要求体检和放AOS了，不日即可下签

Thank you for the information and documents submitted in support of Mr.xxxx  usual residence and settled status.  Please find below a Request for Information letter asking for additional documents which are required to continue assessing this application.