Does a parent have to wait 2 years to apply if all children are living in Australia?

[Crossedover]

My dad is very keen to come over but we have only been here 13 months and my brother 7 months. He will probably go the contributory parent visa route. BUT he has not yet gathered any of his paperwork so he is not ready to apply just yet.

[RYLC]

If IMMI says 2 years then it's 2 years.  The rules are the rules.  Based on your other thread it might take him the remaining 11 months to get his paperwork together.

[Jaws]

As far as I understand a parent does not have to wait 2 years before they can apply.  As soon as the majority of children has taken up personal residence in Aus and can proof it, they can start their application.  The processing time for this type of visa is however 2 years, i.e. they have a 2 year backlog.  So, according to me, your dad should have started his application 7 months ago when your brother landed.

[RYLC]

@Jaws this is not true.  Here is the official wording from the immigration website:

 

Your sponsor

You must be sponsored by an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The sponsor needs to have been living lawfully in Australia for at least two years before you apply for this visa. For most applicants, your child or your child's spouse or de facto partner will need to sponsor you.

 

Balance of family test

 

The balance-of-family test measures your ties to Australia. You meet this requirement if either:

• at least half of your children live permanently in Australia
• more of your children live permanently in Australia than in any other country.

You must meet this requirement to be granted this visa. It cannot be waived, even in compelling or exceptional circumstances.

 

So there are multiple requirements for the visa which include number of children permanently in Australia AND sponsor living here for at least 2 years before applying.

 

 

 

[Jaws]

@RYLC, thanks for correcting me there.  There you have it, looks like your dad is gonna have to wait at least another 11 months.

[Crossedover]

Ya thanks, I did read that too, I just heard that if you proved you were settled the timing could be reconsidered.... I was just checking if anyone had such an experience. AND yes once he has all his paperwork he won't have to wait long.