Gordon Watterson

Thanks to Marisa, Westly and Linda - in summary it looks like you are not entitled having applied for an 804 - but the situation is less clear with the 864, as you point out.The guidance note is badly drafted which presumably explains the ambiguity.

If the blue/temporary Medicare card had clearly been available on the 864 route that might have swayed me that way - but without clarity I have to assume that the entitlement is for the reciprocal card only on a BVA, with both the 804 and  864 applications - at least I now know the lack of clarity wasn't down to me - maybe I will get used to the frustrations as things progress

Thanks

Douglas

On 04/04/2019 at 10:22, Skani said:

 And if you are having trouble locating the "report" button  (which is not immediately obvious) - it's the little arrow icon at the top right hand corner of every post. 

Thanks Scani  - it worked

On 04/04/2019 at 09:49, Marisawright said:

You can hit the "report" button and use that to send a message to the moderators.

If you still want to look for answers here rather than speak to Alan, here's the extent of my knowledge (but remember I'm not an expert):

The "correct" way to apply for a visa is to apply from your home country and wait for it to be granted. However, because of the long waiting times, many parents are choosing to "jump the queue" by getting a tourist visa on the pretence they're coming on holiday - then once they've arrived, applying onshore.   

A small snag is that if you arrive on a one-way ticket with all your worldly goods, you may be grilled about your intentions by Immigration on arrival.   It is not illegal to come to Australia with the intention of applying for a permanent visa.  It is illegal to arrive with the intention to remain permanently.  It's up to the official who interviews you - if he feels you are determined to stay in Australia regardless of the outcome of any visa applications, he could deport you and impose a ban.  I imagine it would be a distressing experience.  For that reason, it's commonly suggested to arrive looking like a tourist, with an appropriate amount of luggage and a  return ticket, so that you don't attract the attention of Immigration at all. However that is up to your own  conscience!

I may be wrong, but I suggest you check whether you are truly a "temporary resident" on a BVA.  I think you are still classed as a "visitor",  which means you are treated differently for things like tax, access to services and benefits, and buying property.  You are effectively in limbo, because you are not legally resident in the UK, nor are you legally resident in Australia.

Property - I do know that if you wish to buy property, you are classed as a "Foreign Investor" and subject to the FIRB regulations.  That means you must apply for permission to buy the property (and pay a fee to do so).  You also pay a higher stamp duty rate, and you cannot rent out the property unless it's brand  new.

Medicare - this is something you need to check with an agent. On most bridging visas, you are not entitled to Medicare.  I don't know what the situation is for the bridging visa for the 864.  As a UK resident, you are lucky, because as a "visitor", you are entitled to basic Medicare cover anyway, under the reciprocal agreement with the UK.     That covers essential treatment only - not elective surgery, for instance. 

You will cease to be a UK resident, so you will lose access to the NHS.  Being a UK citizen is irrelevant, and because you are not legally resident in Australia, you can't get access to the NHS on the basis if living in Australia either. So if you need elective treatment that isn't covered by Medicare, you can't pop back to the UK to have it done.   So private health insurance would be advisable.   

Travel - I understand that your bridging visa does not take effect until your existing tourist visa expires.   So you might have time for a quick trip back, IF your tourist isa is multiple-entry (be careful though, because some multiple-entry tourist visas have a "no further stay" condition, which means you can't apply for the 864 on those visas). 

Once the bridging visa takes effect, you are stuck in Australia until you are able to get a BVB.  

When you apply for a BVB, you must have a specific reason to justify the need to travel.  The examples often given are a wedding, a funeral, business.  I'm not sure whether "visiting family" would be regarded as specific enough.  My concern would be that if you're applying two or three times a year, every year, they might start rejecting them, and then you'd be stuck.  Again, an agent would know better than I.  There are no emergency provisions and if you leave the country without a BVB in place, you will then have to wait in the UK for your 864 to come through before you can return. wait time

Wait time for 864 - I have heard that the waiting time for the 864 is now being brought into line with the 143 visa.

One more point to consider:   when your visa application finally comes up for consideration, you will have to undergo a medical.  With a 100-year-old mother, you may be one of those genetically blessed people who will still be hale and hearty when the time for the medical arrives. However, if you fail the medical, you will have to leave Australia and re-establish your life in the UK (though there is a Medical Treatment visa which might enable you to hang on for a while).  

It is a very big decision to uproot yourself from your established home in the UK and come to live in limbo in a foreign country, probably for several years, with the prospect of having to uproot yourself again at an advanced age if things don't work out.  In the process, you'll incur substantial costs and significant inconvenience.  You may feel it's all worth it, but I would repeat my advice to speak to an agent so you understand the implications thoroughly before proceeding.

Thanks Marisa for going to all this trouble - much appreciated - I will contact Alan - yours was the only response I got - probably because it originally got posted to the wrong thread and was overly long.I may decide to repost it or redraft it ,to target specifics.Maybe someone who has been through the 864 process will assist ?

Thanks again

Thanks Allan and Marisa - the post appears in Family/Partner Visas - obviously a mistake by me - can you advise how i can transfer the post to the Parent Visa thread ?

Hello 

My wife and I are considering an application for an 864 Aged Contributory Parent Visa ,for which we qualify. We are both 67 years old, UK residents/ homeowners. We currently spend 5 months a year in Australia, staying in a granny annex at our daughters house in Casuarina ,northern NSW - 2 x 2.5 month visits on 651 Visitor Visas.

I have undertaken a lot of research - then found Poms in Oz - what a great website and hopefully I'll get some good feedback.

In a nutshell my understanding is that you apply for the 864 Visa 'onshore' ie in Australia. You are then immediately granted a bridging Visa - BVA - entitling you to remain permanently in Australia until the 864 Visa is determined/ granted - maybe 3 or 4 years. During this waiting period you require a BVB Visa to leave Australia.Is this basic summary correct ? If so my specific questions relate to possible deal breaking issues for us.

1. We would want to buy a property as soon as possible following our 864 application and the grant of a BVA. I believe we would then sorrybe classed as 'Temporary Residents' - defined as holding a Visa allowing a stay for more than 12 months. As a Temporary Resident you are entitled to purchase an 'established dwelling' for your main residence ie. it does not have to be a new build. However you must apply for an Established Dwelling Certificate costing $5,500 for a house >$1M and $11,000 for >$1M. - is this all correct ? - we would not be interested in applying for an 864 if we cannot purchase a house at the commencement of the BVA period or are restricted to buying only a new property.

2 The 864 requires an onshore/in Australia application. What does this mean ? Can we enter on a 651 Visitor Visa and apply while here - if a BVA is then immediately granted would we then be locked in, requiring a BVP to return to the UK ?  - if that is the case we would presumably need to buy single, rather than return air tickets, for the visit during which we intend to make the 864 application ?

3. I have a 100 year-old mother residing in the UK - while she is still with us, we would expect to make frequent visits back to the UK - perhaps two visits a year for 2 to 3 months. This would be subject to BVB provisions. I believe there is a restriction of 3 months for any one trip but no limit to the number of trips in a year - is this correct and is there perhaps flexibility with the rules on compassionate grounds ? What happens if you need to leave immediately in response to an emergency - there would be no time to go through the BVB application process ?

4. I believe we would be entitled to full Medicare cover during the BVA waiting period.Is this the case ?. In any event we would probably purchase private health insurance.

5. What is the current wait time for an 864 Visa ?

Sorry for the length of this - I hope the answers are simple but something tells me they won't be !!

Thanks

Gordon