Case Background

The sponsor is a permanent resident of Australia and he had spent most of his time conducting business activities in foreign countries. He has lodged a parent visa and had subsequently received the invitation to comment on the criteria of being a ‘usual resident’ in Australia.

We note that he had the following underlying issues:

• The Parent Visa requires for the sponsor to be a usual resident in Australia for at least four years.
• The Sponsor’s movement records show that he had spent more than half of his time outside Australia in the relevant 4 years’ period.

Case Deliberations

• Despite of the applicant spending more than half of his time outside Australia, all his family members are in Australia, along with his parents who had been waiting for the results of their parent visa applications whilst onshore.
• The applicant had significant business ties in Australia, where most of his offshore business activities had been undertaken to generate income for the businesses in Australia.
• The applicant has had most of his earnings issued from his businesses in Australia.
• Despite of his time spent outside of Australia having been more than the time that he had spent in Australia for the past 4 years, he had spent those times in different countries where the time that he had spent in a particular country had been more than the time he had spent in Australia.

Case Outcome

The parent visa under subclass 864 was approved successfully.