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Alan H

Need input into Parental Immigration Plan

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Hi Everyone

It's been awhile since I have been on here and when I was on here evaluating Australia this was very helpful and I loved the community. Fast forward a couple years and I have got Permanent residence in Australia now and i'm looking to bring my parents out. I have put together a detailed plan on what I want to do and now I want to run it by the experts here to get your input. Below is the details of my situation, the plan and then questions I have.

 

Thanks everyone for taking the time to review this.. I really REALLY appreciate it.

Details:

 

  • Parents have a Multiple Entry Tourist Visa that Expires Dec 15, 2014 (They used it to visit Australia from Dec 26 to Jan 14th)
  • Parents age is 60 (Sept 1953) and 62 (March 1951) (By the time we qualify for Sponsorship there is a good chance they qualify for “Aged Contributor Parents”)
  • They have one daughter in Italy and me in Australia (Meaning they meet the Balance of Family Requirements I believe)
  • We will be making enough money between my wife and I so we are confident we will be able to demonstrate we can support them

 

 

Plan:

 

  1. Dec 26th, 2014-- Our Family landed and became permanent residents
  2. Dec 26th, 2014 -- Parents also arrived on their Multiple Entry tourist visa
  3. Oct/Nov 2014 -- Parents come to Australia on their current Multiple Entry Visa
  4. Dec 1st, 2014 -- Parents submit an application to extend their Tourist Visa for another 12 months
  5. Dec 1st, 2015 -- Parents leave the country to go back to Canada (Because I assume you can’t extend again or you can’t ask for a new tourist visa while on your old one?)
  6. Dec 16th 2015 -- Parents submit an application for Visitor Visa
  7. Dec 30th 2015 -- Visa Granted
  8. Jan 15th 2015 -- Parents come back to Australia
  9. Dec 27 2016 -- We submit a Aged Temporary or Contributory Parent visa (subclass 884) for them (Because as of December 27th, 2016 we meet the 2 year requirement and they will be 65 (Father) and 62.5 (Mother) by then)
  10. Dec 29 2016 -- We submit a Bridging visa B – BVB – (subclass 020) (This is so they can leave the country to visit their daughter, when necessary)
  11. Dec 27 2017 or 2018 -- Parents get Aged Temporary/Contributor Visa (12 – 24 months Later)

 

 

Questions:

 

  1. Any holes in this plan ?, Anything we can do to improve this plan so we don’t have to be apart ?
  2. Can anything be done about steps 4,5 & 6 to reduce or eliminate that step (Can they request a new visitor Visa while living in Australia even though they extended their old visa)
  3. Do we really need to wait 2 years or can we do steps 8 & 9 after step 3
  4. My wife read somewhere that while you’re on a Tourist visa you can only stay in Australia for a maximum of 3 months at a time is this correct ?, I haven’t been able to find evidence on that myself but you would know.
  5. I read somewhere, where I can apply earlier than the 2 year waiting period and then appeal to the Migration Review Tribunal (MRT) and they can possibly reverse the decision. Have you or any of your colleagues had any experience with this process and what was the out come ?
  6. Does applying for Temporary Contributor Visa take the same (12-24 month) period as the non-temporary Contributor visa ?
  7. Reading through the temporary Contributor and it states “You can apply for this visa only if you are outside Australia. If you are in Australia, you can only apply if your temporary visa allows you to apply for another visa while you are in Australia. You must be outside Australia when the visa is decided.” I don’t see anything on their visitor visa that says they can or cannot apply for visas. What are your thoughts on a standard visitor visa and what it can and cannot do ? and what is this part about they must be outside the country when the visa is decided, how would they know when to leave the country ?
  8. Are there any negatives or positives to applying as an “Aged Parent Contributory” versus “Non Aged Parent Contributory”. Does it cost more or less ? Does it take more or less time ?

 

 

Thanks everyone for taking the time to read through my plan.. We are really trying to be as through as possible.. We have already gone through a sponsorship process with bringing my Parents to Canada and with our permanent residence visas in Australia so we are definitely very familiar with government immigration processes.

 

Regards,

Alan.

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I don't know much about parent visas so can't answer most of your questions, however I can offer the following:

 

- Should your #1 and #2 be Dec 2013? You say 2014 which doesn't make sense to me with your timeline

- Many visitor visas do indeed say multi-entry but also go on to say something about visits being no longer than 3 months at a time. I don't remember the exact wording but it should be pretty clear on their visas if this is the case.

- If the visitor visa has a No Further Stay condition, then they wouldn't be able to apply for another visa while onshore. So keep an eye out for that condition if it's applied to their visitor visa.

 

It sounds like you've done a lot of research. Unfortunately it's always possible rules and processes will change along the way so you may need to make modifications if that happens. Good luck!

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yes correct I meant Dec 2013... built this nice scheduled and messed up from the begining :-)

Thanks for the tips on the exact visa.

I will review it again..

 

Yes lots of research but still lots of questions as you can see..

Hoping someone has gone through parts or all of this before.

 

Thanks for your comments appreciate it.

 

Alan.

 

I don't know much about parent visas so can't answer most of your questions, however I can offer the following:

 

- Should your #1 and #2 be Dec 2013? You say 2014 which doesn't make sense to me with your timeline

- Many visitor visas do indeed say multi-entry but also go on to say something about visits being no longer than 3 months at a time. I don't remember the exact wording but it should be pretty clear on their visas if this is the case.

- If the visitor visa has a No Further Stay condition, then they wouldn't be able to apply for another visa while onshore. So keep an eye out for that condition if it's applied to their visitor visa.

 

It sounds like you've done a lot of research. Unfortunately it's always possible rules and processes will change along the way so you may need to make modifications if that happens. Good luck!

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I had a 12 month visa issued in 2008 and I could stay for 12 months, in fact I could have left the country and come back in on the last day of the visa and stayed another 12 months.

I'm not sure which visa it was as I washed my passport :mad:


IELTS sat 30/6/12 L8.5,R9,W8.5,S8.5 Ave 8.5, TRA sent 20/06/13, 1st stage assessment passed 15/07/13, 2nd stage 22/07/12 in Glasgow. TRA passed 29/07/13. EOI submitted 29/07/13, SS received 5/08/13, ITA received 08/08/13, 190 Visa applied for 14/08/13, Medicals 23/08/13, PCC uploaded 11/9/13, CO 26/9, VISA GRANTED 17/10/2013

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I thought the general rule was that you cannot 'live' in Australia on tourist visas.

 

Parents can now get visitor visas with long periods of validity (18 months to 5 years) but they still have to spend at least 6 months within every 18 month period out of the country. They certainly won't be able to get back-to-back visitor visas as per your plan.

 

Check out this page for more details of the longer validity Parent visitor visa - look under the tabs 'Visa Applicants'/ 'Who Could Get this Visa'/'Tourist Stream'.

http://www.immi.gov.au/Visas/Pages/600.aspx

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I agree with wrussel. This needs proffessional advice. For your info, wrussel is a highly recomended migration agent

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With regard to the visitor visa, I think it would depend on which type of visitor visa your parents are granted. If they have a No Further Stay condition on the visa then they will not be able to apply for another visa while in Australia. I am not sure about 'extending' the visitor visa, as the maximum stay period is normally 12 months. If Immigration suspect that your parents are trying to live in Australia on visitor visas then their visa may be refused.

 

I would wait the full 2 years before sponsoring your parents as Immigration are usually quite strict about this.

 

The Aged Contributory Parent visa can be applied for onshore, in Australia. There may be a slightly quicker processing time than for the offshore visa, but as I said only if their visitor visa does not have a No Futher Stay condition on it.

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I'm not sure where the $100,000 comes from ? 2 people are not going to cost that much money..

Am I missing something ?

 

If you are going to spend $100 000+ take some professional advice.

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If they apply for contributory parent visas it will. Have you checked these out on the immigration website?


So many wineries ......so little time :yes:

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Well they currently have a visa. Here are the details

 

Applicant Type Main Applicant

Visa Class Visitor (class FA)

Visa Subclass Visitor (subclass 600)

Visa Subclass Stream Tourist

Client Name XXXX XXX

Date of Birth XXX

Client ID XXXXX

Visa Grant Number XXXXX

Visa Grant Date 13 December 2013

Passport Number XXXXXXXX

Must Not Arrive After 13 December 2014

Stay Period 3 month(s) from the date of each arrival

Travel Facility Multiple

Visa Conditions

8101 - NO WORK

8201 - MAXIMUM 3 MONTHS STUDY

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Read the small print there is a secondary applicant charge of around $42k per applicant plus an assurance of support which they will eventually get back of around $10k I think. What you have stated is just the visa application processing fee.

 

it is there because they will not have paid into the welfare system in Australia but will be taking out. Seems fair as protects the Australians who have paid in from retires taking all the resources for free.

 

however it is a serious amount of cash.

 

you need to do more homework. Have a look on the parent threads.

 

i would provide a link but can't really fiddle on my phone but if you read all the stuff under the fees table it is there.


So many wineries ......so little time :yes:

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Rammygirl is correct about the second VAC that is payable.

 

Check out this thread:

 

http://www.pomsinoz.com/forum/migration-issues/77756-brand-new-pio-parents-visa-thread.html

 

and also do a search for contributory parent visa as there is a wealth of information on the site. The charges that you see on the website are the initial charges and the second VAC is per applicant, not per application if that makes sense?

 

I do feel that you would be wise to take up WRussell's advice of getting some professional advice from a MARA registered migration agent as it's a lot of money involved and that's before you have to take in to account such things as AoS (Assurance of Support) bonds etc.


Husband's Spouse Visa Offshore Application 309/100 Sent 24/09/13

Application Received at Australia House, London 25/09/13 @ 07:49

Payment taken 26/09/13

CO assigned 05/11/13 (WP)

Visa Subclass 100 Partner Migrant Visa granted 30/05/14

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I'm not sure where the $100,000 comes from ? 2 people are not going to cost that much money..

Am I missing something ?

 

An Aged Contributory Parent visa for 2 people will cost $5280 at the time of application plus another $84,440 just before the visa is granted (i.e. within 2 years) - all up $89720.

 

It's possible to spread that out a bit by first applying for a Contributory Aged Parent (Temporary) subclass 884 visa followed by a Contributory Aged Parent (Residence) visa (from subclass 884 to subclass 864) application before the 884 has been held for 2 years. In that case, it's $3690 upon application for the 884, $58,260 just before the 884 is granted, $420 to apply for the permanent visa then another $33,770 before the grant of the permanent visa - all up $96,140.

 

The cost of medicals and PCCs must be added to all of the above.

Edited by Ozmaniac

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Has this put a spanner in the works?

 

sorry if this has been bad news.

 

There re is a possible loophole but there are some issues with it.

 

it is possible to arrive as visitors then if they decide to stay lodge a non contrib aged parent visa. It takes many years to grant so they will be given a bridging visa to allow them to stay but this is restrictive.

 

there are some threads on this on poms in Adelaide where I can see you have posted the same question. I think there is also something on Go Matilda's web site a fact sheet possibly.

 

worth checking out though.


So many wineries ......so little time :yes:

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http://www.gm-parent-visas.com/factsheets/

 

Yes, please see the factsheets at this webpage.

 

Best regards.


Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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I'm not sure where the $100,000 comes from ? 2 people are not going to cost that much money..

Am I missing something ?

 

Subclass 864

Lodgement fee primary applicant $3,520

Lodgement fee secondary applicant $1,760

2ndVac fee primary applicant $48,550

2nd Vac fee secondary applicant $48,550

Assurance of support primary applicant $10,000

Assurance of support secondary applicant $4,000


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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