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    1. #1

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      Last Remaining Relative Visa

      Hi all,

      I know for certain that I am eligible for the LRR visa but just have a few questions to help with the timing of my trip to Oz over the next couple of years and applying for the LRR Visa.

      Firstly, I will be going out to Oz on a 12 month tourist visa - what happens if the Tourist Visa runs out before the LRR is granted - i.e do i get a bridging visa to remain in the country? How long does the bridging visa last?

      If my Tourist Visa runs out before I actually apply for the LRR visa I know I will have to leave the country (assuming no employer sponsorship etc). What is the requalifying time to re-enter Oz on a further tourist visa.

      Finally, if my Tourist Visa has run out and say, 3 months later I apply for my LRR visa, can I get a long term visa at the time to stay in Oz?

      The reasons for the questions are due to the fact that my parents are applying for a CPV and I can only apply for the LRR visa once theirs is granted so need to know the implications if it is either delayed or sooner than expected.

      Thanks again.

      Frizz

    2. #2

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      Hello Frizz

      What is the date on which your parents CPV application was formally lodged at the POPC, please? Armed with that information, I will be able to give you a fairly good guess at when they can expect their CPVs to be granted assuming that the Minister does not increase the CPV quota next year.

      The easiest way to do this, by miles, would be for you to wait until your Parents move to Oz and then launch an offshore Remaining Relative subclass 115 visa the following day. There is no reason why you can't shave the timescale as I suggest. Once you lodge the sc 115 application with DIAC in London, they will able to give you a fairly accurate estimate of how long they think it will take to process the application.

      If you apply for the offshore Remaining Relly visa, sponsored by your sister, DIAC would have no objection to granting you a 12 month stay in Oz on a long stay tourist visa so that you can go out to Oz and be with your family whilst your Remaining Relly application is processed.

      If you explain, at the time when you apply for the tourist visa (on paper), that you hope to line up some job interviews and hopefully get sponsorship for a temporary 457 visa during the waiting period for your Remaining Relly visa, I reckon DIAC would desist from imposing Condition 8503 - no further stay - on the tourist visa.

      If DIAC do not impose Condition 8503 then you would be able to stay in Australia in order to apply for a 457 visa and you would not have to leave Oz in order for the 457 visa to be granted. You would have to go offshore for a few days so that your Remaining Relly visa can be granted but a few days in any of Bali, Singapore, Fiji or Auckland will do for this purpose (or even Noumea in New Caledonia.) Whichever is closest and cheapest.

      My suggestion is clean, elegant, simple and it does not involve trying to mislead DIAC in any way. My way will encourage them to bend over backwards to help you.

      Your own rather garbled plan is a camel of an idea, frankly! You are trying to put the cart before the horse, Frizz!

      To answer your questions:

      Firstly, I will be going out to Oz on a 12 month tourist visa - what happens if the Tourist Visa runs out before the LRR is granted - i.e do i get a bridging visa to remain in the country? How long does the bridging visa last?
      No - if you apply for a subclass 115 Remaining Relative visa, you will not be able to get a Bridging visa when your tourist visa expires. You would have to apply for another tourist visa or for a student visa. You would have to be outside Oz in order to apply for a student visa and outside Oz when it is granted. Whether or not you would be able to get a new tourist visa without leaving Oz depends on whether or not Condition 8503 has been imposed on the first one. If it has, then you would have to leave Oz in order to make an offshore application for a new tourist visa:

      The DIAC website is down at the moment. They are doing something major to it over the course of this weekend. When it comes back up, go to the Home page. On the bottom left of the Home Page it says "Media Centre" or similar. Click on that. Then select Fact Sheets. 52b describes Condition 8503 and its effects.

      If my Tourist Visa runs out before I actually apply for the LRR visa I know I will have to leave the country (assuming no employer sponsorship etc). What is the requalifying time to re-enter Oz on a further tourist visa.
      There is no set rule. However DIAC baulk at the idea of people trying to use back-to-back tourist visas as a means of "living" in Australia when there is no evidence that the person intends to apply for any other visa for Oz. The rest is common sense.

      Finally, if my Tourist Visa has run out and say, 3 months later I apply for my LRR visa, can I get a long term visa at the time to stay in Oz?
      Yes. Please see my explanation above.

      Best wishes

      Gill

    3. #3

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      Hi Gill,

      Thanks again for your advice!

      It might help to explain the circumstances;

      1. Parents will apply for CPV in a couple of weeks time i.e 1 Dec 2008.
      2. I will be leaving the UK in March 2009 to go travelling and I will be arriving in Oz in Nov 2009 (at the same time as my parents) to see my sister and hubbie.
      3. I will apply for a 12 month tourist visa this would expire in Nov 2010.
      4. Estimating parents receive CPV in 18 months time i.e June 2010.
      5. I apply for Last remaining relative visa (estimating time to wait is 4 months based on a friend of mine having had hers granted within this time last month).

      Depending on how long the CPV visa takes, how long the LRR visa takes and whether or not my tourist visa has expired, varies we what do next. Obviously, I would like to stay in Oz after the 12 months tourist visa expires but unless I have got my LRR visa, I cant see I can do this.

      I am well over the age of 30 so cant do the WHV and the student visa option is very expensive.

      I am leaving the UK to go travelling round the world in March next year so wont be back in the UK after this time and will arrive in Oz in November so hence the reason for trying to plan everything in advance! If i do have to return to the UK, I need to make some provisional plans etc before I leave in March.

      Hope that clarifies the reasons for my questions - any ideas? I cant delay the trip as its all booked or do I just have to come to terms with the fact that it is likely that I will have to return to the UK?

      Thanks again!.

      Frizz

    4. #4

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      Hi Frizz

      I admire your plans to ditch the day job and go travelling! Very sound move that is, in my book. FAR better than gathering dust sitting in an office so I really do applaud you for this bit.

      If your Parents' CPV application is not launched until December 2008, and the Minister des not increase the quota of CPVs again with effect from 1st July 2009, then it is very possible that your Parents may not be able to get their CPVs until sometime after December 2010.

      The latest information from the POPC is that they think that everyone who applied for a CPV before mid-October 2007 should be able to get their CPVs sometime between now and 30th June 2009.

      They reckon that applicants who applied after mid-October 2007 will not get their visas till after 1st July 2009 but the POPC are not suggesting exactly when they might get them. The POPC also said that people who have applied after 1st October 2008 should expect to wait around 2 years.

      ll this assumes that the Minister will not increase the CPV quota again with effect from 1st July 2009. As yet, the possibility is nowhere near the Minister's radar. He is unlikely even to consider the question until April or May 2009. I think it is impossible to guess. The CPV was new in 2003 and the quota was set at 3,500 visas. On 1st July 2008 it was increased from 3,500 to 6,500 visas a year. I do think Senator Evans, the current Minister, has been a good friend to Parents so far but I think that is all one can safely say at this stage.

      I think that if you apply for a 12 month stay on a tourist visa it is very likely that DIAC will impose Condition 8503 on it. Retired parents are one thing in DIAC's eyes. Their working age offspring are quite another!

      Whichever way you do this, it will be a gamble. Remember that if you ask for a 12 month stay in Oz, DIAC will require evidence that you can support yourself in Oz for 12 months without working. In addition to imposing Condition 8503, they might also make your visa valid for single entry to Oz only.

      The bumph about Condition 8503 is here:

      Australian Immigration Fact Sheet 52b. Waiving Visa Condition 8503 - 'No Further Stay'

      It is impossible to predict what DIAC will do. In many ways it is easier to wait until you have obtained your sc 676 visa and we can see what they have actually done. Then at least we would know what we are dealing with.

      Best wishes

      Gill

    5. #5

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      Gill,

      Thanks again for this.

      I was given the option of redundancy from my job of 19 years so decided to take it - hey you only live your life once and thought this is the opportunity to try and move to Oz with my Sister etc.

      Not an easy decision at the time but I have to say I am not looking back now!!.

      I will be applying for the 12 month visa in January next year and will be able to show I have the funds available due to the redundancy payment and will have to see then whether they apply condition 8503.

      Sounds to me that the CPV visa will take 2 years anyway which means that unless I got sponsored for a job from an employer, I will have to leave and come back to the UK after the 12 month tourist visa expires - not the end of the world but would have been nice to remain if I could. At least I can now plan for that and make sure I have somewhere potentially to stay.

      All very exciting but just wish it could be done sooner!.

      Will keep you updated as things progress and no doubt we will have some questions when we put in Mum and Dads application for CPV over Xmas.

      Frizz

    6. #6

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      Hi friends i have issues as well,

      My case is like this, We have 1 brother who is a australian resident, and is eligible for a sponsorship and I have plans to apply for "Remaining Relative" Visa type. But there are 4 of us relatives were left here in the philippines (3 brothers, 1 mother).

      So, the plan is this I'll the main applicant of the said visa application, and i'll make my 2 brothers and my mother as my dependants? will this be acceptable application or not?

      My 2 brothers is above 18 yrs old. and they are totally dependent with me in terms of financial support. because of medical conditions thus they are incapable to work. and also my mother is certified senior citizen (above 60 yrs. old) here in country.

      What should I do?

      Thanks in advance!!!!

      Mark T.

    7. #7

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      Hello Mark T

      Welcome to Poms in Oz.

      I don't think your plan is likely to succeed, to be honest.

      If one or both of your brothers is/are unable to work because of a medical condition, the chances are high that the Medical Officer of the Commonwealth willl say that one or both brothers does not meet the health requirement for permanent migration to Australia. In this situation, the probability is that DIAC would then apply the "one fails, all fails rule." The effect of that would be that the whole visa application would be refused - for all four of you.

      and also my mother is certified senior citizen (above 60 yrs. old)
      Your mother's age does not automatically make her wholly or substantially dependent on you financially. My mother is 89 but she has more money than I have.

      However it sounds to me like your brothers' medical conditions are likely to be a bigger problem than Mum.

      Westly Russell is a Registered Migration Agent who contributes to Poms in Oz. I am told that Westly has provided advice about Aussie visas to other people from the Philippines. He may respond to this thread anyway but if not, he can be contacted via this link:

      http://www.pomsinoz.com/forum/members/wrussell.html

      If you need to, click on the down arrows beside where it says "infractions", which will produce your options for contacting Westly. He does not charge anything for an initial appraisal of your situation. If you tell him what your brothers' medical conditions are, Westly would be able to give you an informed, experienced opinion about whether their medical problems are likely to stop the show as far as possible migration to Australia is concerned.

      Best wishes

      Gill

    8. #8

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      Quote Originally Posted by mtenchavez View Post
      Hi friends i have issues as well,

      My case is like this, We have 1 brother who is a australian resident, and is eligible for a sponsorship and I have plans to apply for "Remaining Relative" Visa type. But there are 4 of us relatives were left here in the philippines (3 brothers, 1 mother).

      So, the plan is this I'll the main applicant of the said visa application, and i'll make my 2 brothers and my mother as my dependants? will this be acceptable application or not?

      My 2 brothers is above 18 yrs old. and they are totally dependent with me in terms of financial support. because of medical conditions thus they are incapable to work. and also my mother is certified senior citizen (above 60 yrs. old) here in country.

      What should I do?

      Thanks in advance!!!!

      Mark T.
      Well my first reaction was how on earth could you be a last remaining relative if you are planning to bring along two brothers and your mother! However I paused to read through on Department of Immigration & Citizenship and inded it is possible to bring dependent relatives (other than children) along. So I think the key point of this application would be upon gathering evidence to prove that dependency, that will not be easy. I think if I were you, I would ask a MARA agent to assist .

      When you ask "what do you do", what aspect are you referring to particularly?

    9. #9

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      Hi Gill,

      First of all Thanks for the advice, i really appreciate it! ;)

      Quote Originally Posted by Gollywobbler View Post
      If one or both of your brothers is/are unable to work because of a medical condition, the chances are high that the Medical Officer of the Commonwealth willl say that one or both brothers does not meet the health requirement for permanent migration to Australia. In this situation, the probability is that DIAC would then apply the "one fails, all fails rule." The effect of that would be that the whole visa application would be refused - for all four of you.
      I apologize if i did not elaborate the type of Medical Condition of my 2 brothers. to be specific the medical conditions that my brothers have is not like its a dreaded disease of some sort (cancer,diabetes,High-blood etc.) or a physical one (missing limbs,eyes,hand etc.) but actually, its more like suffering from post-traumatic stress due to life threatening experience they've been through. Though, i have supporting documents, a doctors recommendation in writting, that advises both of them to rest and recover for 8 to 12 months with continous medications. This will explain their current unemployment. hence, they are wholly dependent with my financial support (medications and basic commodities) for the time being....

      For my mother's case in which i forgot to mention that's she's receiving a monthly pension from our government. but still not enough to cover for her basic needs at some point. which makes her substantially dependent with me for financial support from time to time.

      Actually, the truth is i can apply for a Skilled Migrant Visa for which i have the qualifications and eligibility . But what about my 3 dependents?

      Granting, if i apply for skilled migrant visa on my own, and i passed. later on I will also have to power to sponsor (same as my other brother) a remaining relative, the question still remains on which of my 2 brothers and my mother. will be the main applicant of the "Remaining Relative" application?

      The way i see it, is that neither of them cant be the main applicant. because all of them are my dependent. also, none of them can declare a dependent in the application. since obviously they are all dependent. Unless its possible to create 3 seperate remaining relative visa application for each and one of them?

      I hope you can help me shed some light on this matter...

      Thanks in advance!!!

      -Mark T
      Last edited by mtenchavez; 27-12-2009 at 09:34 PM.

    10. #10

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      You can't have three last remaining relative applications from three members of the same family. It is a contradiction in terms.

      Gill made the very good point which I missed, that if your brothers are dependent upon you because they are unfit to work, then they are likely to fail the medical anyway. I don't think it matters whether the illness is psychological or not, it still costs money and that will be considered. Then on the other hand, if you are saying that your brothers just need 8 months off work, then they are not dependent upon you. It goes round and round. I cannot see how this plan will work, but will reiterate, I think you need migration agent assistance to consider your options.

     

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