Settled Usually Resident Definitions Sponsored Visas




 

When applying to sponsor a relative through a number of the Family visa subclasses, the degree to which an applicant is considered ‘settled’ or ‘usually resident’ in Australia will influence the decision by a case officer.

Australian Immigration Law often limits sponsorship of family members to those sponsors who can demonstrate their commitment to Australia. This is contained in the Migration Regulations at (at R1.03) to be one who is ‘settled’ by being lawfully resident for a reasonable period (usually taken by policy guidance to be around two years, depending on the particulars of the case).

Persons with less evidence of permanent ties to Australia may be considered ‘usually resident’. The departmental officers will consider a person to be usually resident by such factors as:

– Their physical presence in country;

– Length of stay;

– Places where they eat and sleep and make usual abode;

– Whether they retain or seek the right to re-enter the country (for example, whilst the holder of PR);

– The demonstrated intent to make Australia their usual country of abode.

To make a stronger case for sponsorship in family visa applications, it is advisable to demonstrate strong ties to Australia through the key areas of employment, family, emotional, assets, cultural and social links. The more documentary evidence that can be provided, the stronger your case will be in showing long term commitment to a life Australia.

Passing the balance of family test requires the applicant to show that the number of eligible children or step children are equal to or greater than the number of ineligible children.




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About the Author:

Paul Sadler is a prominent Sydney based migration law expert. Paul possesses wide ranging experience across a number of visa categories with specialisation in employer sponsored, business skills and complex migration. Paul is highly accomplished in such complex migration cases as waiver requests, responses to notice of intention to consider cancellation, visa cancellation revocation requests, application for release from immigration detention and PIC 4020 appeals, both at Departmental level and the Administrative Appeals Tribunal (AAT). Paul is also fluent in Mandarin and Indonesian. MARN 1382089.
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