LaLa Posted June 8, 2012 Share Posted June 8, 2012 Hi everyone, I would appreciate your help with my dilemma. My family and I moved to oz in 2008 but had to return to the uk in 2010 ( just short of 2years) as my parents fell ill. Unfortunately my mother died of cancer last year. We now live with my elderly father (80 yrs old)in England. He had a heart attack last year but has recovered well. he also has mild vascular dementia and is registered disabled. I am my fathers carer. Our pr visas run out next year and don't know whether we will able to renew them. if we can't renew them would there be anyway to get a visa for my father to come and live with us in oz? He would be happy to move there with us. His doctor has said he would be able to manage the flight and move. He does have a another child but they do not speak and haven't done for years. He also has step children but they rarely contact him. None of the other relatives in the uk would be prepared to look after him. He depends on me for meals, drinks, medication and transport/outings. He is financially independent and owns his house. It is a hard decision to make as my family are desperate to get back to oz but we want to care and keep my father happy until the end of his days. Any advise please? Thank you : ) Link to comment Share on other sites More sharing options...
lebourvellec Posted June 8, 2012 Share Posted June 8, 2012 Regarding your visa it would be best to discuss your case with a Registered Migration Agent - as the DIAC have changed some of the rules for RRV. From what you have posted regarding your father - he might not pass the balanced family test as step-children are included in the balance family test. Also there would be major issues in him passing a medical. From your other posts - you were on a spouse visa - is your OH an Australian citizen?? If you were not eligible for a RRV, (it is difficult to get them when you apply when not in Australia) you would still apply for another partner visa once you were ready to move back to AUstralia. Link to comment Share on other sites More sharing options...
LaLa Posted June 8, 2012 Author Share Posted June 8, 2012 Thank you for your reply. No my husband is not a citizen we are all on a pr visa. He is short of 5weeks to be able to apply for citizenship. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 8, 2012 Share Posted June 8, 2012 Does his visa run out the same time as yours?? Were you sponsoed on a spouse visa? https://www.ecom.immi.gov.au/citz/startIntervalCalc.do The resident requirements for citizenship. Link to comment Share on other sites More sharing options...
LaLa Posted June 8, 2012 Author Share Posted June 8, 2012 Yes his visa runs out same time as ours. he has already had his visa extended as we had to come back to the uk. The embassay in brisbane extended his visa to match our dates. I think I was sponsored by husband. Link to comment Share on other sites More sharing options...
Rupert Posted June 8, 2012 Share Posted June 8, 2012 Yes his visa runs out same time as ours. he has already had his visa extended as we had to come back to the uk. The embassay in brisbane extended his visa to match our dates. I think I was sponsored by husband. I have never heard of visas being extended before. They expire (you know the travel bit) and then you have to get a new visa was always my understanding. It might not be relevant anyway, but on the other hand it might be good to double check and clarify the situation. I think your father will pass the balance of family test, the step children are presumably the children of now deceased mother, in which case they do not seem to meet the definition of step children in DIAC terms, i.e. they are not children of current partner (he doesn't have one) and I am presuming they are not under 18 either. http://www.immi.gov.au/migrants/family/balance-family.htm#b Medical could be an issue though, perhaps you could all go over "on holiday" and whilst there apply for the non contributory aged parent visa, which takes about 10 or 15 years to process and in the meantime he will be on a bridging visa. Link to comment Share on other sites More sharing options...
Kazzarazza Posted June 8, 2012 Share Posted June 8, 2012 Thank you for your reply. No my husband is not a citizen we are all on a pr visa. He is short of 5weeks to be able to apply for citizenship. You should speak to the Consulate Office in London, but is there any possibility of you husband returning to Australia for a few weeks so he could apply for his citizenship as soon as he becomes eligible. That way, you should then be able to re-enter with him on a spouse visa. Might be worth the sacrifice if all else fails. Good luck, Kazza Link to comment Share on other sites More sharing options...
barbaitch Posted June 8, 2012 Share Posted June 8, 2012 I suggest you go to 'Poms in Adelaide' and seek out Gollywobbler, who is a mine of information where elderly parents' migration is concerned. Just start a new thread on PIA along the lines of the one you posted here on Poms in Oz, and I'm sure Gollywobbler will come to your aid. She's absolutely brilliant! Good luck! Link to comment Share on other sites More sharing options...
barbaitch Posted June 8, 2012 Share Posted June 8, 2012 You should speak to the Consulate Office in London, but is there any possibility of you husband returning to Australia for a few weeks so he could apply for his citizenship as soon as he becomes eligible. That way, you should then be able to re-enter with him on a spouse visa. Might be worth the sacrifice if all else fails. Good luck, Kazza Sounds like a good idea! All the best. Link to comment Share on other sites More sharing options...
Kazzarazza Posted June 8, 2012 Share Posted June 8, 2012 Good suggestion Barbaitch. I can also recommend Gollywobbler very highly. Pomsinoz has not been the same since she stopped posting on here. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 8, 2012 Share Posted June 8, 2012 You should speak to the Consulate Office in London, but is there any possibility of you husband returning to Australia for a few weeks so he could apply for his citizenship as soon as he becomes eligible. That way, you should then be able to re-enter with him on a spouse visa. Might be worth the sacrifice if all else fails. Good luck, Kazza The OP all left Australia in 2010 therefore he would not meet the 4 year resident requirement. "absences from Australia of no more than 12 months in total in the 4 years prior to application, including not more than 90 days in the 12 months immediately prior to application" Link to comment Share on other sites More sharing options...
Rupert Posted June 9, 2012 Share Posted June 9, 2012 Sounds like a good idea! All the best. It is a lovely idea, but it isn't going to work. I have read that they have been out of the country for two years, therefore they are effectively resetting the citizenship clock and will need to live here for three years to get citizenship. (the first year can be the allowed 12 months out of the country) Link to comment Share on other sites More sharing options...
fizzybangs Posted June 9, 2012 Share Posted June 9, 2012 You should speak to the Consulate Office in London, but is there any possibility of you husband returning to Australia for a few weeks so he could apply for his citizenship as soon as he becomes eligible. That way, you should then be able to re-enter with him on a spouse visa. Might be worth the sacrifice if all else fails. Good luck, Kazza Exactly the same advice I would have given Link to comment Share on other sites More sharing options...
LaLa Posted June 9, 2012 Author Share Posted June 9, 2012 Thank you very much for your replies. I will try and contact the person you suggested. We thought about my husband going back over to gain his citizenship but as you said I'm not sure this would possible as we have been out of Australia too long. Link to comment Share on other sites More sharing options...
lebourvellec Posted June 9, 2012 Share Posted June 9, 2012 Thank you very much for your replies. I will try and contact the person you suggested. We thought about my husband going back over to gain his citizenship but as you said I'm not sure this would possible as we have been out of Australia too long. Did your OH enter Australia before July 2007 - if he did he would have been subject to the 2 years a PR citizenship requirement at that time - which changed in July 2007 but with transitional arangements until July 2010. Now everyone will need to pass the 4 years residency requirement. There may be away to get a RRV but any advice you receive from Australia House should be verified by a Registered Migration Agent - as often advice people receive from DIAC is wrong and there visa refused - or dont meet criteria. From what you have posted you may be able to get exceptional circumstances. Ian Harrop is an agent that I have read that is good regarding RRV and for visas of medical issues. Link to comment Share on other sites More sharing options...
sparrow9999 Posted June 9, 2012 Share Posted June 9, 2012 hi lala i had a similar problem to you i came back to the uk with my mother to help look after my elderly grandma, after we got back to the uk my mother had a heart attack and had to wait for bypass surgery and my grandma died, whilst all this was going on my pr visa expired. so i thought that was it and i couldnt go back to australia but then i found out i could maybe get my visa back on compelling reasons because i had to care for my mother, so i applied for the resident return visa subclass 155. and am glad to say that i got my pr visa back and now we are just waiting to sell our house so me my partner and my mother can all go back to oz, so i would check out the info on the immi web site or call and see an agent like i did good luck sparrow Link to comment Share on other sites More sharing options...
barbaitch Posted June 9, 2012 Share Posted June 9, 2012 Did your OH enter Australia before July 2007 - if he did he would have been subject to the 2 years a PR citizenship requirement at that time - which changed in July 2007 but with transitional arangements until July 2010. Now everyone will need to pass the 4 years residency requirement. There may be away to get a RRV but any advice you receive from Australia House should be verified by a Registered Migration Agent - as often advice people receive from DIAC is wrong and there visa refused - or dont meet criteria. From what you have posted you may be able to get exceptional circumstances. Ian Harrop is an agent that I have read that is good regarding RRV and for visas of medical issues. I agree; Ian Harrop & Associates come highly recommended by many people on PIO and PIA. You'll find him easily by Googling his name, and an initial phone call or email won't cost you anything. He'll be only too happy to hear your story and will tell you there and then what your options might be. If anyone can put your mind at rest, Ian (or one of his associates) can. Don't delay. His team are really easy to talk to. All the very best. Link to comment Share on other sites More sharing options...
Rupert Posted June 10, 2012 Share Posted June 10, 2012 You should speak to the Consulate Office in London, but is there any possibility of you husband returning to Australia for a few weeks so he could apply for his citizenship as soon as he becomes eligible. That way, you should then be able to re-enter with him on a spouse visa. Might be worth the sacrifice if all else fails.Good luck, Kazza Exactly the same advice I would have given He is not going to get citizenship within a few weeks. He is not a couple of weeks off getting citizenship, he might have been a few weeks off getting it at the time they left, but he did not get it and so now he is three years off getting citizenship. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.