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ryanstone

sponsored family visitor visa for wifes brother

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3 hours ago, ryanstone said:

hi, my wife got her PR in september last year. She wants to sponsor her brother to come to Australia for a short holiday. Can I sponsor him, or does she need to do it?

thanks

Welcome to the Australian Visa Forum,

For a sponsored family visitor visa the sponsor must be an Australian citizen or Australian permanent resident and relative of the applicant  

To be a relative, you must be an applicant's:

  • partner, parent or child
  • brother or sister
  • grandparent or grandchild
  • aunt or uncle
  • niece or nephew
  • the step equivalent of the above

A sponsor can't be a:

  • fiance
  • in-law
  • cousin
  • friend 
  • New Zealand citizen

As an in-law you would not be able to sponsor your brother-in-law for a sponsored family visitor visa. You wife can, but there is also a requirement that she must also be settled in Australia, which requires that she be lawfully resident in Australia for a reasonable period. A reasonable period is considered to be 2 years. Periods of temporary residence, as well as permanent residence can be counted towards making up the two year requirement. 

If I was in your situation I would perhaps be considering a visitor visa under the tourist stream which would included two letters of support from both yourself and your wife.   


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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25 minutes ago, ryanstone said:

thank you afv. 

is it possible for him to be granted a 12 month tourist visa. We would be willing support him for the whole 12 months.

It is possible to be granted a 12 month visitor visa, however any period of stay granted is at the discretion of the decision maker. It helps to provide a reason why a 12 month period of stay is requested.

Can you provide a brief overview of your brother-in-laws circumstances: age, employment, family ties in own country etc.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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4 hours ago, AFV said:

It is possible to be granted a 12 month visitor visa, however any period of stay granted is at the discretion of the decision maker. It helps to provide a reason why a 12 month period of stay is requested.

Can you provide a brief overview of your brother-in-laws circumstances: age, employment, family ties in own country etc.

sure thanks. he is 32 from the Philippines. he is not currently working. his mother is still alive and his two sisters work in Doha. as I said I will fully supporting him with money and accomodation for 12 months if visa is possible.

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7 minutes ago, ryanstone said:

sure thanks. he is 32 from the Philippines. he is not currently working. his mother is still alive and his two sisters work in Doha. as I said I will fully supporting him with money and accomodation for 12 months if visa is possible.

In my opinion his circumstances would most probably not lend themselves to a favourable decision to grant him a visitor visa. He is unemployed, from a high risk country, and more members of his family reside outside of the Philippines than within. I think the Department will take the view that there is not a great incentive to return to the Philippines before his visitor visa expires if granted. Whilst the offer of support from both yourself and your wife is helpful to satisfy the adequate funds criteria, I feel that it may not be enough here, as it is primarily an assessment of the applicants circumstances that will determine whether he meets the criteria for the grant of a visitor visa. 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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1 minute ago, ryanstone said:

but he need to care for his mother in the Philippines so this would be his reasons to go back home. also I will guarantee to the government that he will return home at the end of the visa

Firstly, it is a bit hard to put forward that he needs to care for his mother in the Philippines whilst asking for a period of stay 12 month in Australia on a visitor visa.

Secondly, you cant guarantee that he will not breach a condition of his visa if granted.  


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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We have friends in the same situation. The person who was helping them thought showing that they can support the person would be good enough. However the department saw it was more reason that the person would refuse to head back so they got refusal. The Brother really needs to get a job and hold it for 2 years this would be my suggestion. The Aunty of my wife applied also she owns a small house, in philippines but she had not worked in 5 years. the refused her stay. However she then got work and applied again two years later and was granted a 3 month stay. 

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7 hours ago, Bws1975 said:

The person who was helping them thought showing that they can support the person would be good enough. However the department saw it was more reason that the person would refuse to head back so they got refusal

It's generally not enough to show that you can support them, what you need to be able to do is show evidence that you have been supporting them to a similar amount for an extended period of time.

Actions speak louder than words. 

7 hours ago, Bws1975 said:

The Brother really needs to get a job and hold it for 2 years this would be my suggestion.

It may help, but there is no requirement for them to have a job, also showing that you have supported the brother for a similar time would also.

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