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Contributory Aged Parent Visa: againsts human rights? My mother cannot apply for it


Tony Giglio

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I'm an Italian born citizen who has also become Australian citizen.

 

I would like my mother, who is alone and has no relatives, to come to Australia to stay close to me but, to my great surprise I've just found out that the normal Aged Parent Visa is cancelled from the 1st of June and therefore there is only Contributory Aged Parent Visa. But it would cost us 50,000 dollars and we don't have all these money to spend.

 

Don't you htink that this visa, providing the normal one has been cancelled, is against human rights?

 

Family to me is very important and I don't think is fair that only people that can afford to spend so much money can have their parents joining them.

 

My mother has her pension so she will be financially indipendent and won't need any help from the Australian Government. On top of that she will live with me and I'm an ayurvedic medicine consultant so she will be under my care.

 

Why can't I have my mother coming to Australia with me?

 

I don't think it is fair...

 

Any suggestions? I'm seriously htinking that this is in violation of human rights. What do you think? Are there any human rights lawyers that could give me a suggestion?

 

Thank you very much indeed,

 

Antonino Giglio

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In what way is it against human rights? If you are thinking that it infringes the right to family life, then I don't think there is a case. There is still a route for your mother to move to Australia (albeit an expensive route), and the Australian government isn't stopping you going to Italy to be with your mother.

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Guest The Pom Queen

Tony has it ceased now? Chat with @Alan Collett as soon as you can or George Lombard.

At the end of the day they will say that if your family is so important why did you move away from them, they will say they didn't force you to move away from your mother.

I hope you get something sorted.

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There is plenty of anecdotal evidence on the parent's thread that people are prepared to sell their homes to finance the contributory parents visa. If there is really no chance of raising the money for the contributory parent visa and you are already an Australian citizen, I wonder why you had not already sponsored your mother for the 103 Visa, given the waiting list of 10-15 years?

 

Yes, it's disappointing, and sad,desperately so for your mother who presumably did not choose to be left alone in Italy.

 

A violation of human rights? Of course not.

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Whilst it may be upsetting to have your plans suddenly change no there is no violation, how can it possibly be a violation, you were not forced to emigrate that was your choice. If you have the money to being her over on the Contributory Visa then do it. If not then you have the opportunity to go back to Italy and look after her. The whole point of removing the non contributory parent is because they are a drain on the Australian resourses. As an Aussie tax payer why should we support your Mother ?

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Personally if I was your Mum I would be staying put, why would I pay money to move to the other side of the world at a time when I need my friends and familiar things around me. She will be a fish out of water here unless she speaks fluent English. Is not easy for aged people to move and its a lot harder if they are coming from a non English speaking country.

 

Older people lose an awful lot by moving to be with children. I think holidays with children are a better option. Losing everything we have where we live is terrible. Of course I am not the baby sitting all the time type so it would certainly not suit me if anyone had that in mind. :wink:

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I am not sure if it is against human rights in the legal sense but it doesn't sound like a nice policy. Lots of suggestions that no on forced OP to move. I am sure there are very good reasons why he moved to oz and also that he is making a positive contribution to the country. But I would have thought that Australia would want happy citizens and happiness can be greatly increased by having close family nearby.

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happiness can be greatly increased by having close family nearby.

 

The cost of providing healthcare to aged family members also greatly increases as they get older. Costs are even greater for those that haven't paid a penny in taxes into the system. Hence the high visa cost.

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I am not sure if it is against human rights in the legal sense but it doesn't sound like a nice policy. Lots of suggestions that no on forced OP to move. I am sure there are very good reasons why he moved to oz and also that he is making a positive contribution to the country. But I would have thought that Australia would want happy citizens and happiness can be greatly increased by having close family nearby.

 

Australia wants 25-32 year old migrants who speak English and have an in demand skill/occupation. On top of this they want control over who is and isn't eligible. There always has to be some form of Parent, partner or other family migration streams, but it will never be their priority. Harsh as it may be on people like the OP, they won't be changing that policy in a hurry.

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I am not sure if it is against human rights in the legal sense but it doesn't sound like a nice policy. Lots of suggestions that no on forced OP to move. I am sure there are very good reasons why he moved to oz and also that he is making a positive contribution to the country. But I would have thought that Australia would want happy citizens and happiness can be greatly increased by having close family nearby.

 

Australia wants residents who contribute more to the tax base than they draw in benefits and services. Retired people don't typically fit this, whereas working age skilled people do. Hence they put their priority in the skilled migrant and partner visas categories. Australia can only afford to have the population grow at a controlled rate, so they are very specific who they will let in.

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Australia already has its own ageing population hence the preference for young working families. To draw in more ageing people who are not financially able to support themselves just does not make sense as harsh as it seems. I worked in Aged care here and many need lots of rescources a scary amount in some cases, A home help, 2 care aides a day, meals etc etc.

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I think that if prospective migrants want their family around them then they need to stay where they are, migration in Australia has never been kind to any aged family who wish to come over or any with no skill for that matter. Some of course do come but their family have to pay for them fully and how many migrants are in that position, not a lot I would think else they would not migrate.

 

We always knew this from the time we migrated and that was a long long time ago.

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I am not sure if it is against human rights in the legal sense but it doesn't sound like a nice policy. Lots of suggestions that no on forced OP to move. I am sure there are very good reasons why he moved to oz and also that he is making a positive contribution to the country. But I would have thought that Australia would want happy citizens and happiness can be greatly increased by having close family nearby.
Yay lets all be happy bring our parents then and we can all play happy families with the Australian Tax payer footing the bill. I would love my parents to live round the corner as well, but unfortunately that cant happen, it was my choice to move away from them and if I was so upset being without them I would move back simple!
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- That's as may be idoctor, but the question was about infringement of human rights, not about the 'niceness' or otherwise of the aussie govt change of policy. They are presumably trying to do their best by the majority. I'm sure you are right and that OP had good reasons to move - just as our daughter did ten years ago. Speaking of one of the abandoned elderly (cough cough) I feel that if I want to join my daughter (my only child by the way) its up to me to make it happen by jumping through whatever hoops are deemed necessary by the Australian government of the day - because you see, they don't owe me a thing. I would cough up the money like a shot, despite already being on the 103 list, because I don't want to wait ten years or so to make the move. However, my family is really important to me and I choose not to leave my ninety three year old mum behind.

 

We all have to make our own choices in these things, its an intensely individual thing. Not, however, an issue for human rights.

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Lots of interesting ideas here about this topic. I'm a live example of Australian citizen by conferral who is just moving back for a while to take care of his parents. Yes I'm going back to the country I was born in ( I don't call it home as I spent most of my life here in Australia, so here is home for me ). I have asked my parents to provide me with the necessary documents so I can apply for their PR for so long, but they just hesitated and did not want me to do so. The reason was, they were 100% sure that they can not live here, not because they don't like Australia, but because they can not communicate with anyone as English is not their first language. They do not have any friends or family (except me) and they will definitely suffer from those things.

 

At the end the one who decided to go back and take care of them is me. As mentioned already here, at least I do have this choice to make and Australian government does not stop me in any ways in that regard.

 

Therefore I also believe it is NOT the violation of human rights at all and I truly believe that If we want to get something we have to loose something.

Everything in this world has a price. The price for me was to give up the kind of lifestyle I have here, get the hell out of my confirm zone and go and start a new life close to my family for sometime at least and see how it goes.

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jmartin

 

I applaud your courage. We were living in another (European) country until five years ago, when we made the same choice to come back and care for mum. Its been tough in some ways - we have settled here well as we always visited and made great efforts to make new friends and contacts - joined everything for a trial period, got part time jobs we didn't really need and generally worked at settling in. Its worked well, but don't underestimate the drag you will feel at suddenly having your freedom curtailed by the expectation that you will be in certain places at fixed times.

 

Advice? Try not to get into fixed routines. Don't always do the 'Sunday Lunch' or the 'Friday Shop' ... try to vary it a bit. Its a difficult choice to make but I couldn't have lived with myself if I hadn't made it. Good luck!

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I don't think people should migrate with the expectation that there will be options for their remaining family to join them at any time in the future. Visas change, people's priorities and lives change, there is extended family (other siblings, etc.) to consider. So if you choose to migrate, that's great. But realise that it's your choice and at some time in the future you may have second thoughts or may need to shuffle commitments or make sacrifices to make it work for the others in your life.

 

When I migrated, my son was starting university in Canada and didn't want to migrate with me. We agreed that was the right decision, and if he wants to migrate at some point in the future he'll need to be able to do it on his own merits. I can't expect Australia to have a visa option simply because we want to live closer together.

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My family have been affected by the change in immigration visas- namely my mother in law has waited years to pass the balance of family test (for us to make our mind up to emigrate), just as we make the decision to join my sister in law and her family out in Oz so she would be eligible to apply the visas are withdrawn- really bad timing on our part and something we haven't quite faced into yet.

 

Having said that- If I was to look at the scenario from the perspective of being a UK citizen and living in the UK and extend families from abroad wanted to come to the UK in their old age I would have the same reservations about contribution and cost of providing care and support.

 

I see and agree with the rational argument but also equally understand the emotional heartache this can cause. Having said that I do have to agree with previous posts, it isn' against human rights- it just places a tough decision on your shoulders.

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