Jas2u Posted September 27, 2014 Share Posted September 27, 2014 Hi everyone, I read few articles on this forum regarding aged parents migration. We are surprised & shocked, by not able to find any solution to my parent's circumstances. I am only child, married, have kids, working & citizen of Australia from long time. Father is 1945 born & Mum is 1946 born, both living overseas. They have a small family business overseas which they want to run for 5-6 years more. After that, they intend to live permanently with us in Australia. They wanna visit & apply for aged-parent visa(subclass 804) onshore but "No further stay" condition is a threat. Q1. Does anyone know how to avoid this restriction? Q2. If they become successful to apply subclass 804 onshore, how can they travel overseas to stay 5-6 years & wind-up their business in the meantime? Parent visa (subclass 103) is out of equation due to longer waiting time. We are between a rock and the hard place. Any advice or guidance is highly appreciated. Quote Link to comment Share on other sites More sharing options...
Petals Posted September 28, 2014 Share Posted September 28, 2014 There is a thread in the Migration Section about older people migrating to Aus. There is no guarantee, the medicals are very strict. Its not easy as so you are one of many many many people who want to have their parents come here and consideration is given to how much your parents are going to cost the tax payers of the country. A migration agent should be able to help you but I think your parents could not live here and run a business somewhere else but I might be wrong in that. I do know that people do live here whilst waiting but the requirement is "living here"usually on a bridging visa. Its a big consideration these days whether to migrate or not if we have family who we with to come with us. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted September 28, 2014 Share Posted September 28, 2014 Non contributory parent visas have been stopped at the moment, although there is a chance this might change. Look on Go Matilda's website they have some good info on parent visas. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted September 28, 2014 Share Posted September 28, 2014 Hi everyone,I read few articles on this forum regarding aged parents migration. We are surprised & shocked, by not able to find any solution to my parent's circumstances. I am only child, married, have kids, working & citizen of Australia from long time. Father is 1945 born & Mum is 1946 born, both living overseas. They have a small family business overseas which they want to run for 5-6 years more. After that, they intend to live permanently with us in Australia. They wanna visit & apply for aged-parent visa(subclass 804) onshore but "No further stay" condition is a threat. Q1. Does anyone know how to avoid this restriction? Q2. If they become successful to apply subclass 804 onshore, how can they travel overseas to stay 5-6 years & wind-up their business in the meantime? Parent visa (subclass 103) is out of equation due to longer waiting time. We are between a rock and the hard place. Any advice or guidance is highly appreciated. 1. It is not possible to avoid a No Further Stay condition if it would have been imposed anyway. They're far less likely to get one if they're from a low risk country and come on a 3 month ETA or eVisitor visa. If they're from a high risk country, I think a 3 month 600 Visitor visa would also have a lower likelihood of getting one given that they have the incentive of a business to run to motivate them to leave Australia. 2. Even if they can lodge an onshore 804 application, they will not be able to leave Australia for 5 or 6 years. On a Bridging visa A, they should be able to get a BVB to leave for 3 months and may be able to get one for 6 months but I think it would be impossible to get one for much longer. The rock is the regulations but the hard place is largely of their own making. If they close or sell the business now or get a manager in to run it, the hard place disappears and they would be able to stay in Australia if they can make the onshore application. Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 28, 2014 Author Share Posted September 28, 2014 Thanks for the quick response. @Petals - Parents don't wanna stay here now & want to go back for 5-6 years while remaining in aged-parent queue. - Do they consider my paid tax as well? which i can prove, paid above 170,000 by now. Also, is it possible if parents apply subclass 103 now from offshore & apply subclass 804 on their visit to Australia next year? Can both sub-classes 103 & 804 be applied or continue simultaneously? Regards. Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 28, 2014 Author Share Posted September 28, 2014 Thanks Ozmaniac. Your point 2 is very helpful & crystal clear. Yes, I also suspected that they will have hard time to stay out of Australia after 804 application. Does anyone know the actual, real difference between subclass 103 & 804 queues? Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 28, 2014 Author Share Posted September 28, 2014 Thanks Petals. Yes, its a pain to live apart later from older & suffering parents. I have also booked a migration agent tomorrow. Its worth to pay for precise advice, i think as well. Quote Link to comment Share on other sites More sharing options...
blossom Posted September 28, 2014 Share Posted September 28, 2014 Non contributory parent visas have been stopped at the moment, although there is a chance this might change. Look on Go Matilda's website they have some good info on parent visas. They reopened applications on the 25th of this month. :-) OP, they don't take into account what taxes you pay, they took that into account at the time of giving you a visa. Quote Link to comment Share on other sites More sharing options...
Quoll Posted September 28, 2014 Share Posted September 28, 2014 If they are running a business they could apply for the CPV when the time comes, surely. Then they won't need to lie about their intentions when arriving on a tourist visa. Quote Link to comment Share on other sites More sharing options...
wrussell Posted September 28, 2014 Share Posted September 28, 2014 Hi everyone,I read few articles on this forum regarding aged parents migration. We are surprised & shocked, by not able to find any solution to my parent's circumstances. I am only child, married, have kids, working & citizen of Australia from long time. Father is 1945 born & Mum is 1946 born, both living overseas. They have a small family business overseas which they want to run for 5-6 years more. After that, they intend to live permanently with us in Australia. They wanna visit & apply for aged-parent visa(subclass 804) onshore but "No further stay" condition is a threat. Q1. Does anyone know how to avoid this restriction? Q2. If they become successful to apply subclass 804 onshore, how can they travel overseas to stay 5-6 years & wind-up their business in the meantime? Parent visa (subclass 103) is out of equation due to longer waiting time. We are between a rock and the hard place. Any advice or guidance is highly appreciated. Condition 8503 cannot be imposed on an ETA. You have imposed so many restraints that there is probably no visa strategy that would accommodate all of them. With the recent changes to parent visa regulations, you would be well advised o consult a registered migration agent for advice about developing an optimal strategy. Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 28, 2014 Author Share Posted September 28, 2014 Thanks to all for helping clear some doubts. Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 29, 2014 Author Share Posted September 29, 2014 My Father and Mum decided to lodge Parent Visa subclass 103 at this point. They have no dependent aged 18 years or over. Is it necessary to complete Form 47A? (Details of child or other dependent family member aged 18 years or over) I tried contacting the deptt. twice, but even holding for an hour each time, no one turned up on phone (in general enquiries) If anyone knows, please help. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 30, 2014 Share Posted September 30, 2014 Are you sure this is the best option? The 103 currently has a processing time of over 30 years. While they may gain a bridging visa if they apply on shore, there are major issues with this. Most importantly, there may be issues with health care, pensions, earnings and others. I would strongly recommend you consult an agent such as wrussel who has posted above. Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 30, 2014 Author Share Posted September 30, 2014 Well, no one one knows when they gonna suddenly shut the window again. On other side, parents can't visit on short notice. So, subclass 103 at the moment. Will apply for subclass 804 when they come here to visit, if the window still remains open. Only risk is the fee which i think should be transferable. What you guys think of this strategy? Paying for Contributory Visa is out of reach for us. Quote Link to comment Share on other sites More sharing options...
mr luvpants Posted September 30, 2014 Share Posted September 30, 2014 Need to be aware guys that if a bridging visa is granted then the bridging visa does not allow you to go out of Australia HOWEVER you can apply for another bridging visa which allows you to go of Australia for UP TO 3 months per year and no more. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted September 30, 2014 Share Posted September 30, 2014 The 804 is currently showing as a 13 year wait period. However, some of the most experienced agents are saying it will be significantly longer and it is likely to close to applicants anyway within 6 months. So I don't think your strategy will work. As as I said, being stuck on a bridging visa with some very important negatives is an issue. They will not be entitled to full Medicare, only reciprocal cover which is significantly more limited. There are major pension issues. They will have no work rights. There are potential issues with pensions. They are not permitted any Australian benefits such as social security / pensions. I really think you need professional advice. All of the good agents will speak to you for an I titian assessment for free. Quote Link to comment Share on other sites More sharing options...
Quoll Posted September 30, 2014 Share Posted September 30, 2014 They also run the risk of being sent back if they enter on a tourist visa not intending to be tourists with a resultant 3 yr ban. My guess is that entries will be heavily scrutinised in the period before this option closes again because they will be predicting a flood now it has reopened. You could use the time before they intend to move permanently to save for the CPV. With all the uncertainties about medical cover etc it's not something I would be risking at my age (close to your parents' age) Quote Link to comment Share on other sites More sharing options...
Jas2u Posted September 30, 2014 Author Share Posted September 30, 2014 I did consulted a local migration agent this Monday. He has suggested this strategy to go for subclass 103 first. In the meantime, bring parents in & lodge subclass 804. He said that he can request for fee adjustment between the visa subclass changes later but can't guarantee. So fee is a risk. By the time parents have time to decide to wind-up early or lease or loose the business (whatever). Isn't one in hand better than two in bush? Also, we are not looking into pension aspect or hopeful to get it at any stage. Basically because Australia seems to be a sinking ship (constant rising unemployment, commodities crashing, widespread corporate greed, small businesses closing, commercial vacancy rising, banks monopoly ... & so on). We want them closer, i will get build granny for them in my huge backyard. Any other likely strategy, please let us know. Thanks for your contributions. Quote Link to comment Share on other sites More sharing options...
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