jstrosh Posted June 29, 2014 Share Posted June 29, 2014 Hi, I have an Austarlian PR visa and am planning to move to Australia in September 2014. My mother is a widow and is dependent on me. I am searching for ways in which I can get her to stay with me without any interruption of having to return to india every year. Only way possible is PR but here is the problem. I was first thinking of filing her Visitor Visa(subclass 600) and getting her to OZ and then filing for her PR (subclass 884 or 864) . Then filing Bridging till the result of PR is out so she could stay with me without having to return to India. Biggest Problem here is that the Visitor Visa(sublass 600) has 'No Further Stay' condition imposed on it, and this condition prohibits anyone to file any further Visa on top of it. Thus filing PR after getting her on Visitor is not an option. Thus the second thing I am thinking is filing her PR first and then getting her on Visitor Visa. PR would take 12 to 24 months and on visitor visa she can stay with me for 12 months so that at least reduces the PR visa waiting by 0 to 12 months. But I am not sure if this option is allowed. Can anyone tell me if I can apply for her PR and then get her to OZ on Visitor Visa? Please also let me know if you know of any other solution so I can have my mother stay with me without having to return to India. Any help much appreciated. Link to comment Share on other sites More sharing options...
Adam Grey Posted June 29, 2014 Share Posted June 29, 2014 ........If your mum is applying on the basis of you being her child, you will also need to be a 'settled' resident (generally 2 years legal residence in Australia) before your mum can apply. You'd be surprised nowadays how many tourist visas can be granted without the no further stay condition. I've seen it left off quite a few times with Indian parents. It's fine to get a tourist visa after a parent visa has been applied for, but the usual genuine temporary entrant issues will still be a factor. She can be eligible for an extended tourist visa as she's the parent of an Australian resident, but it will be a max 12 month stay in any 18 month period and come with a no further stay condition. Link to comment Share on other sites More sharing options...
jstrosh Posted June 29, 2014 Author Share Posted June 29, 2014 ........If your mum is applying on the basis of you being her child, you will also need to be a 'settled' resident (generally 2 years legal residence in Australia) before your mum can apply. You'd be surprised nowadays how many tourist visas can be granted without the no further stay condition. I've seen it left off quite a few times with Indian parents. It's fine to get a tourist visa after a parent visa has been applied for, but the usual genuine temporary entrant issues will still be a factor. She can be eligible for an extended tourist visa as she's the parent of an Australian resident, but it will be a max 12 month stay in any 18 month period and come with a no further stay condition. apologies that I forgot to mention that my sister too is PR holder and its she who would be applying for my Mother's PR as she has been living in Oz for 2 years now. Regarding tourist Visa, if my Mother gets one with No further Stay condition, will she able to apply for PR while in Oz and can I then apply for bridging Visa so that she doesn't has to leave Oz. Second question is, lets say I apply for her tourist visa and she gets one with a No further stay condition, can I still apply for her PR if she doesn't travel to Oz? Because what I understand is she cannot apply for any other Visa while she is in Australia on a Tourist Visa with No Further stay condition. But can she apply for PR if she doesn't even travel to Australia on her Tourist Visa? Link to comment Share on other sites More sharing options...
Adam Grey Posted June 29, 2014 Share Posted June 29, 2014 I don't really understand your question. There's offshore contributory parent visas and there's onshore aged contributory parent visas, she can apply for any one she's eligible for but she'll only receive a bridging visa if the application is made onshore. *Edit - I should clarify, only the 'aged' parent visa application onshore grants a bridging visa. Technically you can apply for the sc143 visa onshore but as you must be offshore at the time of decision there's no bridging visa granted* Link to comment Share on other sites More sharing options...
jstrosh Posted June 30, 2014 Author Share Posted June 30, 2014 I don't really understand your question. There's offshore contributory parent visas and there's onshore aged contributory parent visas, she can apply for any one she's eligible for but she'll only receive a bridging visa if the application is made onshore. *Edit - I should clarify, only the 'aged' parent visa application onshore grants a bridging visa. Technically you can apply for the sc143 visa onshore but as you must be offshore at the time of decision there's no bridging visa granted* The Biggest problem with Contributory Aged Parent visa (subclass 884 or 864) is the first requirement [h=3]Requirements[/h]Visa Summary Requirements You might be able to get this visa if you: are in Australia when then say you are in Australia, does this mean when my mother is in Australia. Now only other way my mother can be in Australia is on Tourist Visa(subclass 600, however, Tourist Visa has a 'No Further Stay' condition, and any Visa that has a No Further Stay condition doesn't let you apply for another Visa. So how do I apply this Visa for my mother if the requirement says she has to be in Austarlia? However if this means that the child has to be in Australia then I understand that my sister, A PR holder who would be completing 2 years of Stay in Oz in January, can file this Visa from Onshore. Coming back to my original requirement. Let me frame my question in more detail. Me and my sister are Australia Permanent Residents. My sister will complete her 2 years in Oz this January and I also plan to go to Oz in next 6 months. My mother is widow and completely dependent on me and my sister. My mother is currently staying with me. Now if I too go to Oz then she will be left behind alone. So I am looking at ways she can stay with me in Oz while her PR is being processed. I know I can apply for her PR (subclass 143 or 173) but this takes 12 to 24 months and I am hence looking for means so that she can stay with us in Australia while her PR is being processed. I can think of 2 possibilities although do not find any official documentation stating whether this is allowed. Possibility 1 My sister applies for her Visitor Visa (subclass 600) now. However I do not call her to Oz. Then in January, my sister applies for her PR as my sister completes 2 year in australia (subclass 143 or 173) . Once this PR is applied, I then get her to visit Australia on her Visitor Visa so she can stay with us for 12 months while her PR processing is happening in parallel. She then leaves Australia at the end of her 12 months stay on Tourist Visa and returns back to India. She then stays in India for 6 months and comes back to Oz either on tourist or PR whatever comes earlier. If PR doesn't come in 6 months and she comes back to Oz on tourist and if PR gets granted after she comes here, then she leaves back for India and comes back on PR. Possibility 2 If I can get her to Australia on such a Visa that lets me file for her PR onshore and then later lets me file for her bridging visa so she doesn't needs to leave Oz at all. However only non-PR that would let her come to Australia is a Visitor Visa, and Visitor Visa has a 'No Further Stay' applied on it, which means I cannot apply for any other Visa while she is in Australia. So Possibility one is the only possibility I see however I am not sure if applying PR after she gets a Visitor visa is allowed. and secondly, can I get her to travel to Oz on Visitor while her PR processing is in progress? Third possibility you said was I apply for her contributory Aged PR (subclass 884 or 864) however the first requirement says you have to be in Australia. Now I am not sure you means the child or the parent. Could you please help if you are aware of answers to any of these. I do not want to risk my Mothers PR chances as she is completely dependent on me and my sister and both of us wish to settle in Australia along with her. Link to comment Share on other sites More sharing options...
Adam Grey Posted June 30, 2014 Share Posted June 30, 2014 Yes the requirement to be in Australia applies to her, she must be onshore to apply for a contributory aged parent visa. First thing is that she cannot apply for a visitor visa with the intention of applying for another visa onshore, she must be a genuine temporary entrant. Also as I mentioned above if you apply for a longer stay visitor visa (12 month stay period) it will come with a no further stay condition, whereas a standard visitor visa (with a 3 month stay period) can be granted without it and I've seen this a few times recently with Indian applicants in this exact situation. I really think the first thing you should do is run all the details past a Registered Migration Agent because it sounds like you're a little unsure of all the requirements, and there's no point in applying for anything at all right at this moment given the timeframes. Visitor visas are never guaranteed either so you should be prepared for a degree of flexibility in any plans. That being said: 1) Yes you can do this (if she's eligible for the visas of course) 2) Yes if she has a temporary visa without a no further stay condition, is in Australia, and meets the contributory aged parent visa criteria, she can lodge an onshore application. The bridging visa is automatically granted and comes into effect upon expiry of the visa held. Whatever you do is your decision, I can't advise you. Link to comment Share on other sites More sharing options...
Quoll Posted June 30, 2014 Share Posted June 30, 2014 If she is dependent upon you why did you not list her as a dependent when you submitted your visa application? Another way would be for her to apply for her CPV off shore and you to stay where you are, with her, until her CPV comes through. Much the easiest, if your sister fulfils all the residence requirements. Link to comment Share on other sites More sharing options...
jstrosh Posted June 30, 2014 Author Share Posted June 30, 2014 If she is dependent upon you why did you not list her as a dependent when you submitted your visa application? Another way would be for her to apply for her CPV off shore and you to stay where you are, with her, until her CPV comes through. Much the easiest, if your sister fulfils all the residence requirements. I did not list her as dependent because I was told only Spouse and Children can be listed as dependent and parent can only get PR under the parent category and that too only when one of the child has stayed in Australia for 2 years. regarding the another way you said, yes I agree as that's risk free but I wish to move ASAP so that I can settle down earlier. Secondly she doesn't has any issues if she has to stay away for 6 months or so, and that's why I keep asking whether I can get to Australia on Visitor Visa (subclass 600) after I apply her PR visa offshore. that way she can stay with me for 12 months on Visitor Visa while her PR is being processed in parallel Link to comment Share on other sites More sharing options...
Adam Grey Posted June 30, 2014 Share Posted June 30, 2014 The difference in processing times between an onshore or offshore visa in this case is staggering. Onshore visas are being processed within a few months, offshore it's more like 18 months. Big consideration. Link to comment Share on other sites More sharing options...
jstrosh Posted June 30, 2014 Author Share Posted June 30, 2014 Yes the requirement to be in Australia applies to her, she must be onshore to apply for a contributory aged parent visa. First thing is that she cannot apply for a visitor visa with the intention of applying for another visa onshore, she must be a genuine temporary entrant. Also as I mentioned above if you apply for a longer stay visitor visa (12 month stay period) it will come with a no further stay condition, whereas a standard visitor visa (with a 3 month stay period) can be granted without it and I've seen this a few times recently with Indian applicants in this exact situation. I really think the first thing you should do is run all the details past a Registered Migration Agent because it sounds like you're a little unsure of all the requirements, and there's no point in applying for anything at all right at this moment given the timeframes. Visitor visas are never guaranteed either so you should be prepared for a degree of flexibility in any plans. That being said: 1) Yes you can do this (if she's eligible for the visas of course) 2) Yes if she has a temporary visa without a no further stay condition, is in Australia, and meets the contributory aged parent visa criteria, she can lodge an onshore application. The bridging visa is automatically granted and comes into effect upon expiry of the visa held. Whatever you do is your decision, I can't advise you. ok thanks Adam, so the Aged Contributory Visa is out of question as she would not be onshore. Secondly, if the Visitor Visa is only for genuine temporary entrant then I would not want to get her in on a temporary Visa and then apply for a PR. So I am left with just one choice. First apply her off shore Contributory parent Visa (subclass 143 or 173) and then get her to Australia on a visitor Visa (subclass 600 sponsored parent visa) so she can stay with me for 12 months while her PR is being processed. Hopefully this process is allowed as I am not hiding anything from DIAC and my intentions are clear. Which is to get her to Australia using a Permanent Residency Visa , however since this would take 12 to 24 months, I would get her on Visitor Visa since she is dependent on me and so that she can stay with me while her PR is in progress. I wish I could get this confirmed from DIAC officially. Let me try and find any helpline number where I can call and confirm whether such a process is allowed i.e. get her to Oz on a visitor visa while her PR processing is in progress. Link to comment Share on other sites More sharing options...
jstrosh Posted June 30, 2014 Author Share Posted June 30, 2014 The difference in processing times between an onshore or offshore visa in this case is staggering. Onshore visas are being processed within a few months, offshore it's more like 18 months. Big consideration. Ok that's a big difference I agree, but I cant find a way to apply her visa onshore, because as you pointed out earlier, getting her to Oz on a visitor visa and then applying for a PR is kind of violation of the intention of the visitor visa which is meant for tourism purpose. Link to comment Share on other sites More sharing options...
Adam Grey Posted June 30, 2014 Share Posted June 30, 2014 I don't think you've understood what I've written mate. The above posts confirm everything you need to know. Link to comment Share on other sites More sharing options...
jstrosh Posted June 30, 2014 Author Share Posted June 30, 2014 did you mean I can try and get her on a Standard visitor Visa , which is for 3 months and which generally comes with 'No further Stay' clause and then apply for her Contributory Aged Parent Visa onshore? Link to comment Share on other sites More sharing options...
sunnysingh Posted January 9, 2016 Share Posted January 9, 2016 I wish I could get this confirmed from DIAC officially. Let me try and find any helpline number where I can call and confirm whether such a process is allowed i.e. get her to Oz on a visitor visa while her PR processing is in progress. Hi jstrosh, So did you called DIAC guys, is this a valid way? I am seeking parent visa for my mom & need to know this. Thanks. Link to comment Share on other sites More sharing options...
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