Contributory Aged Parent (Residence) Visa (Subclass 864)
I have 2 aged parents... and being an only child i am now thinking of how to get them over here for their last years...
dad was born in 1916 and mum 1920....
if they came over on a holiday visa could we apply for this whilst they are here?... would this aged parent visa be the way to go or can anyone else give any other ideas or visas we can try?
Cheers jo.. i had emailed Gill a while ago looking at the normal parent visa...and she gave me a few ideas... however i didn't take age into consideration so i thought i'd better look at other options....
i did think of the retirement one but i don't think they fit the catagory for that.........
we just need to get them over and do it all 'now' as time is slowly ticking... if you get my drift!!
WOW, Just wanted to say..wow, 2 parents at such a ripe old age...blimey, whats the secret to living to such a fantastic old age AND being fit enough to move halfway around the world!! My Nan's only 75 and can't even get a Dr to let her come here on holiday!! (diabetes, vertigo, blood pressure etc!)
Best of luck, sorry no useful advice, just shocked and stunned sat here!!
Can they just be 'naughty' and come on a holiday visa but over stay? Whats the chances of them going back? Or is it not that simple (v. naughty I know...but if they are desperate to come!!)
__________________ Visa granted 2/11, got here 1/2/08 GOING HOME 30/6 Dave (electrician) Lisa, Holly 5, Samuel 3
WOW, Just wanted to say..wow, 2 parents at such a ripe old age...blimey, whats the secret to living to such a fantastic old age AND being fit enough to move halfway around the world!! My Nan's only 75 and can't even get a Dr to let her come here on holiday!! (diabetes, vertigo, blood pressure etc!)
Best of luck, sorry no useful advice, just shocked and stunned sat here!!
Can they just be 'naughty' and come on a holiday visa but over stay? Whats the chances of them going back? Or is it not that simple (v. naughty I know...but if they are desperate to come!!)
They keep active... mum was and still is a dancing teacher and professional adjudicator...
im bumping this up again as i haven't had an answer yet... sorry!
I know.. but i also think there may be other folks who might like to know the answer too..... also i don't want to be bothersom..(can't spell bothersom/son!!! lol)
I'm really sorry for the delay in responding to you. Unfortunately, you need to absorb a lot of information about this, so I had to wait for enough time to give you a thoughtful, coherent response instead of trying to give you a quick answer and confusing you totally with it. I plan to break this reply down into different sections, which will hopefully help to clarify things as well.
Settled Sponsor
Honey, your Parents can't sensibly apply for any of the visas in the Parent group until your own lifestyle in Oz has become "settled." The reason is because you will have to Sponsor M&D's application. The Sponsor undertakes that if the Parents should fall on hard times during their first two years in Oz, the Sponsor will provide them with an adequate home, food, clothing and enough money for their day to day living expenses, so that the Parents will not need to claim (or become eligible for) Special Benefit instead during their first two years out in Oz. The Sponsor cannot realistically give this undertaking unless the Sponsor's own lifestyle is settled.
It is a time-of-application requirement that the Sponsor must be a settled permanent resident of Australia. If you jump the gun on your Parents' behalf, the risk is that DIAC will refuse the visa on the ground that you had not become sufficiently settled in Oz by the time the application was made. Now - you might appeal against such a refusal and you might win in the Migration Review Tribunal if you do, but it is safer to avoid the risk of a visa refusal, I would suggest. Nobody needs the emotional stress that an Appeal would inevitably cause.
Alan Collett of Go Matilda has recently produced a very good article about this issue, which is here:
Read the two cases that Alan has cited very carefully indeed, and in particular study the Badcock case, which is the more recent one and also it is closer to your own circumstances than the Sampson case, in as much as you did not make a rekky visit between the grant of your visa and your move out to Oz.
However, the fact remains that you did not activate your PR visa till about 2 months ago. If you read what DIAC have to say about demonstrating that the Sponsor is settled, the people in charge of the Policy which underpins the legislation would prefer it if prospective Sponsors live in Oz for around two years before trying to Sponsor other members of their families for migration to Australia as well. Please see Page 16 of Booklet 3, which is here:
The Policy textbooks acknowledge that the facts may support either a lesser or a greater waiting period than the general two-year “rule of thumb” and the cases prove that the Tribunal is willing to consider exceptions to the general rule.
That said, though, there are sensible arguments to support DIAC’s own views about this. The evidence is that a percentage of migrants to Oz get there and find that Oz is not for them after all. A high number of them leave Oz rather than trying to stick it out. The factual evidence is that the majority of migrants who decide not to stay leave Australia within two years of arrival.
Just to give you some examples of people whom you “know” via Poms in Oz, Muppetbro went to Adelaide full of hope in 2007, but he has recently left Oz after only about 7 or 8 months there. I think John (Essex to Aus) was there for about 9 months but he has also recently come home. Aldo has certainly not been there for 2 years but he has now put his house on the market and seems to plan to leave Oz fairly quickly once his house has been sold. There are several others as well if you look through Poms in Oz threads and also read the “Going Home” section or whatever it is called on British Expats. The Policy makers are definitely right about the idea that the migrants who decide not to stay in Oz have generally left Oz before two years have elapsed since they migrated.
Obviously it is sensible to discourage people from trying to get their families to join them until it has become clear whether or not the first member of the family will actually stay in Australia long term him or herself. It would be particularly wrong to uproot elderly Parents in haste, and for them to hot foot it to Oz on a very expensive visa only to get there and find that their child is as miserable as sin and wants the whole family to return to the UK. The Oz Govt won’t prevent the Parents from leaving, but the current cost of a CP visa for a couple is $64,500 to DIAC and a further $14,000 Bond in connection with the Assurance of Support. Trying to get the Bond released before the 10 years that it is normally held for has expired would not be easy and the Government will not return any part of the $64,500 no matter what anybody tries to beg of them.
Therefore the whole family does need a chance to give the child time in which to find his/her feet in Oz and to make sure that the child’s early enchantment with Oz is not just a “honeymoon period” which might wither and be replaced by much less enthusiasm for the place given more time.
Last edited by Gollywobbler; 13-05-2008 at 09:59 PM.
Reason: Addition of Title
This question is actually further complicated by today’s as-yet-unclear announcement from the Minister about the quota of Parent visa places for the 2008/9 Program year. The current number of Parent visas available each year is 4,500 in total. Of these, 1,000 are reserved for non-contributory Parents and 3,500 are available for Contributory Parents.
The Minister – with a singular lack of clarity – has announced today that as of 1st July 2008, for the 2008/9 Program Year, there will be a total of 8,500 “Parent Visas” – an increase of 4,000 on top of the existing quota. However, whoever wrote the Press release has not seen fit to tell us what the breakdown is between the non-contributory and Contributory Parent visa places. You could try ringing Simon Dowding, the contact named in the Press release, but my guess is that he will not be able to give you the breakdown. I suspect that he is a Press Officer who has simply turned a set of notes into something media friendly and that he does not have any details himself.
I think the best bet is to leave it to Alan Collett to ask the POPC tomorrow. They will know the breakdown and Alan has promised that he will confirm it as soon as he knows it for sure. There is no point in everyone phoning the POPC. One phone call or e-mail between Alan & the POPC will be enough for us all. Alan has been actively campaigning for 4,000 additional Contributory Parent visas a year, and he has done a huge amount, un-sung, unpaid and behind the scenes, to try to get the Australian Government to go along with his views about this. We will see what tomorrow produces.
If the whole of the extra 4,000 visas has been allocated to the Contributory Parent scheme then we should see the processing times for CPVs come back down to around 9-12 months. This would be in line with the Ministerial Target for processing times, as recorded in the 2006-7 DIAC Annual Report. If so, then it will have a knock-on effect on which visa you choose for your Parents and what they do before it will be safe for them to apply for CP or CAP visas sponsored by you.
So for the moment we have to leave this part of the question on “hold” really until we have confirmation of the breakdown and can therefore calculate the likely processing times for CPVs and CAPVs. Meanwhile, please see this thread because Alan may update it before I am up tomorrow morning:
I will post a further reply to you on this point once we can work out the processing times reasonably accurately, but my feeling is that we cannot do that just yet. I’d rather wait for Alan to confirm whether the increase has been split or just what is going to happen.
In the meantime, I think it would be very risky for you to try to launch any application for Parent migration for your Parents just yet anyway, because of the “settled” issue.
Min, please study the two case-reports carefully, please. How close do you reckon you are to being able to satisfy the question of whether or not you have become “settled” in Oz? Your answer on this point is absolutely crucial to helping you to work out how best to play the visa-ball on your Parents’ behalf.
