Guest Granada Posted December 30, 2012 Share Posted December 30, 2012 Hello All Haven't been around here for some time as we have been in Sunny Brisbane for 2 years and thought all the drama was over but oh no ! I have an issue with my parents 804 visa ( well a few issues really) and would really appreciate some help. Well we all arrived here in August 2010 and despite an ongoing rollercoaster ride we are all settled and life is good. Mum and dad (in their 80s) came with us and we followed advice to the letter. Onshore 804 visa was lodged in Sept 2010 and life was peachy till mum threw a homesick tantrum in Sept 2011 and insisted she and dad take a trip home so she could "feel English soil under her feet - I swear she should have been on the stage ! All good we applied for a bridging visa for 3 months and off they went. However when it was time for her to come back she started pulling the illness card and said she couldn't travel all that way. So the 3 months passed and they were still there. That I thought was the end of the story, bridging visa would lapse. Turns out mum was right about being ill this time as a scan in June revealed she has lung cancer ... oops !! Trouble is at her age they can't do a biopsy so can't say for sure what type or how bad. She has had a course of Radio and is now as right as rain. Whatever it is has shrunk but no-one knows when or if it will be back. She is not on any treatment now .. the doctors are just "waiting and watching" So I assume the visa has lapsed until 18th of December this year when I received the request for Medicals and Police Checks so they can be added to the queue. As you can imagine this has raised a few questions that I am hoping someone can help me out with. Firstly and perhaps most importantly, should the visa even still be processed as they are not here? I did call immigration when she first delayed the return and they were quite helpful advising that if she came back with medical evidence for the delay the visa may be re-instated but as yet that hasn't happened. Secondly (assuming they are still planning to process further) I am guessing mum would automatically fail the medical? Is it the case that if mum fails that dad would be rejected too? I suppose my main concern is dad who is desperate to come back, this will be even more important if mum is not around. I almost hate to suggest that the answer is to continue with dads application alone but I have to be realistic. However I am also wary that mum is doing OK and there is a possibility she may have a few years yet and she has mentioned coming back. I don't really know what to do and would appreciate some clarity which I know you are great at. Thanks as always for reading my ramblings. Happy New Year from Sunny Brisbane Jen x Link to comment Share on other sites More sharing options...
lebourvellec Posted December 30, 2012 Share Posted December 30, 2012 It may be best to speak to a registered migration agent regarding your situation. As far as I know if you go offshore after an onshore visa has been lodged, the application will still be processed, but will need to go back onshore to get the visa granted. It will be very difficult for them to get back onshore with a tourist visa until a decision is ready to be made on their visa. Try George Lombard. Link to comment Share on other sites More sharing options...
Guest Granada Posted January 1, 2013 Share Posted January 1, 2013 It may be best to speak to a registered migration agent regarding your situation. As far as I know if you go offshore after an onshore visa has been lodged, the application will still be processed, but will need to go back onshore to get the visa granted. It will be very difficult for them to get back onshore with a tourist visa until a decision is ready to be made on their visa. Try George Lombard. Thank you for your reply. Yes I am aware of George, great idea, I have emailed him and will see what he suggests. Thanks Again Jen Link to comment Share on other sites More sharing options...
Rupert Posted January 1, 2013 Share Posted January 1, 2013 Yes I think George is the best person to speak to. I must admit, I fear that your mother would not pass the medicals with her illness being so recent and I also believe this would rule out your father as well, as one fails all fail and even nonmigrating dependents have to pass medicals.. Link to comment Share on other sites More sharing options...
Guest Granada Posted January 1, 2013 Share Posted January 1, 2013 Yes I think George is the best person to speak to. I must admit, I fear that your mother would not pass the medicals with her illness being so recent and I also believe this would rule out your father as well, as one fails all fail and even nonmigrating dependents have to pass medicals.. Thanks Rupert I will see what George says but I am not expecting good news. Being honest it was a surprise to hear that they were progressing to the queue so I guess its just grasping at unexpected straws really. Thanks Again Jen x Link to comment Share on other sites More sharing options...
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