Parents visiting on a regular basis

Hi,

Hope someone can give me some advice ? I moved to Oz in 2006 and hold permanent residency. I have an extremely close relationship with my parents who have been visiting since our arrrival using the 676 visa. Up until receiving their latest visa they have been granted a stay each time of up to 6 months but this time we were able to get them a stay of up to 12 months with mutiple entry. They have had confirmation from the immigration department that this visa allows them to stay for up to 12 months at any one time, they have also been advised that if they leave Oz and then return before the expiry of their visa in Oct they will be entitled to a further 12 month stay which is great. Problem we have is this is the only way that they are going to be able to keep visiting Oz as they will not qualify for the aged parent visa due to the balance of family test. My Dad was married previously and had 4 children who all reside in the UK. Subsequently he and my Mum married and had myself and my brother. My brother has since died but apparantly the children from my dad's marriage are taken into account. This seems such an unfair disadvantage as my dad has no contact with his previous children and their life is totally dedicated to myself and their grandchildren who are now living in Australia. I am sick with worry that they will be refused the tourist visa at some point but what other choice do they have. My Dad is 68 and my Mum is 60. They do not have the money to come in on the investor retiree visa which requires $750,000 to be put in a designated investment as well as having to show a further $750,000 plus proof of annual income of around $60k. The visas they have been granted to date have all been done by me on line and the last one took longer to process and required proof of their savings etc. Am I worrying unnecessarily as the thought of them not being able to visit me is worrying to say the least? Any advice from people in similar circumstances would be greatly appreciated.

I wouldnt worry. Mine did it for 6 months every year from when they were 64 until they were 80 and decided that they didnt want to make the trip any more. It worked for them and they had a perpetual summer. They may get a bit more suspicious if you want consecutive 12 month visas with little or no time in between I suppose.

Hello Paula

Welcome to Poms in Oz.

We were in exactly the same boat as you for several years so I know exactly how you feel. My later father and his first wife had a daughter, who lives in the UK. Dad & his first wife divorced and then Dad married Mum. Mum & Dad had two more daughters. My sister lives in Oz. I live in the UK so it was 2:1 in the UK.

The brutal short answer is that if your father dies first then your mother will become eligible for a Parent or Contributory Parent visa after his death. My own mother was 85 by the time her Contributory Parent visa was granted in 2006. If your mother goes first then Dad's best bet would be to dispose of his capital and income and become an Aged Dependent Relative.

Dad died in 1991. We had to wait for a change in the legislation to be confirmed in 2003 before DIAC were prepared to accept that Mum's step-child ceased to be one of her own "children" at the point when my father died. We found out about it in 2005, having more or less abandoned all hope of a Parent visa for Mum by then because the negative situation had persisted for so long by then. I found out about the change in the law by sheer chance in 2005 so we nipped in and grabbed a Contributory Parent visa for Mum before DIAC could get a chance to do any more tinkering with the question of how to treat the step-child in a situation like ours.

So it was that Mum spent 12 or 13 years shuttling between Oz and the UK each year until her Contributory Parent visa was eventually granted in 2006.

This seems such an unfair disadvantage as my dad has no contact with his previous children and their life is totally dedicated to myself and their grandchildren who are now living in Australia.

 

I know how you feel.

I am sick with worry that they will be refused the tourist visa at some point but what other choice do they have.

 

We were in exactly the same boat so I know how this feels as well.

Am I worrying unnecessarily as the thought of them not being able to visit me is worrying to say the least?

 

DIAC might baulk if they get the idea that Mum & Dad are trying to use back-to-back tourist visas as a means of "living in Oz" as opposed to "just visiting."

Has Condiiton 8503 - no further stay - been imposed on the tourist visas? Really DIAC can give themselves all the protection they could possibly need or want by using Condition 8503 so the worrying that their staff do is not always logical.

If your parents use the device which their current visa allows so as to be able to spend two years with you in Oz, more or less, you might find that DIAC may become difficult if you apply for another long-stay visit on another tourist visa soon after the current visa expires.

If they do become difficult then the way round it will be to apply for a Student Visa next time. Find a two or three year course in something or other - as long as it is CRICOS registered it does not matter what the course is:

Commonwealth Register of Institutions and Courses for Overseas Students - Courses Search

You sometimes find that if you sweet talk the college in a situation like yours they may well allow either Mum or Dad to do the course and only pay local rates for it. The price of the course is between you & the college - it is no business of DIAC's.

A Student visa would permit both Parents to do paid work for up to a maximum of 20 hours' a week if they want to. They could start their own business in Oz if they wish. Should this business become wildly successful then it could actually provide a route to PR in the end but it is madness to start a business in the hope of this happening. I'd do it solely as a means of making the course pay for itself and with a bit of luck contribute to Mum & Dad's living expenses in Oz as well.

What is their work background? Do you reckon they would enjoy running a business in Oz? It could be whatever sort of business they like.

This will be the only way to do it if DIAC get sticky next time around so in your shoes I would give the idea serious consideration nearer the time, just in case you find you need a Plan B.

Best wishes

Gill

Thanks for your reply, I hope this is the case with mine. Just spoke about it this morning again with my parents, they will be going home for around 3 months and can still show that they have a house, pay the bills etc in the UK and are not just nipping over to Bali to abuse the system. The law here is absolutely ludicrous, with all the issues in the econonmic climate you would have thought that having tourists come here, spend their money, not ask for anything back in any shape or form would be welcome not made difficult. We'll just have to hope each time we get a case officer with a little bit of understanding.

Gill

Thanks for your response. It helps to know that I am not the only one who is experiencing the methods of madness regarding the immigration rules here. The family balance test is quite frankly the most ludicrous rule I have ever heard. My Dad's children (or grown adults) to be more exact will have no intention of assisting him or my parents as they get older. The relationship has been estranged for over 25 years as my Dad's ex-wife would not allow them to have anything to do with him. What significance is it that you may have more kids therefore in the UK that here? I just would love for someone in immigration to answer this and give me a valid reason for this rule. My parents would have no issues paying the contributory parent visa and then would get medical care etc, they have their own pensions etc so what are they taking from this country. It is madness, my Dad's 2 brothers live here are citizens but he has 3 sisters in the UK still so this does not hold any weight. Part of me wishes that I had not declared my unknown and never been in contact ' step brothers and sister' on our application form as I have since talked to several people who have come on the contributory parent visa that has simply not declared their 'step children' but of course I have always believed that honesty is the best policy and now my poor family is punished from a relationship that occured over 40 years ago. Sorry I seem to be making a big deal of this and people will say 'well you chose to leave the UK' but Australia, why make it so difficult for genuine people who don't want anything but to be with their family yet there seems to be no questions asked for aslyum seekers that will cost the country money and resources. I just pray that they can keep getting tourist visas even if it only ends up being for 3 months at a time. It is just not the same though as having them here and whilst they are pretty fit and healthy now this is not going to be the case as time goes on and the flight etc is a worry. It just seems so wrong, goodness we have the same Queen yet this doesn't hold any weight at all. Thanks for your help anyway, I may pick your brains again for advice as I need it if this is ok.