Hobbes Posted January 16, 2015 Share Posted January 16, 2015 My 82 year old mother in law is currently visiting in WA. She is currently here on a 651 visitors visa. What is the best way for her to stay permanently. Regards Hobbes Link to comment Share on other sites More sharing options...
Ken Posted January 16, 2015 Share Posted January 16, 2015 Depends on the conditions on her current visa. If it has a "No Further Stay" condition then she must leave the country and apply for a new visa offshore. If it doesn't have that condition she can apply for an Aged Parent Visa onshore and apply for a bridging visa while the application is processing (last I heard it was taking over a decade). If needing to apply offshore there is a hugely expensive (around $60,000) Contributory Parent Visa which still takes a couple of years to process. Link to comment Share on other sites More sharing options...
Parley Posted January 16, 2015 Share Posted January 16, 2015 She could probably refuse to leave and just stay. I doubt whether they would deport an 82 year old. But she wouldn't get any assistance from the government unless a dire emergency I expect. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 16, 2015 Share Posted January 16, 2015 Ignoring any suggestion that she should stay illegally, the only way she would be able to stay permanently is if she is eligible to apply for an Aged Parent visa. The basic eligibility requirement is that she must pass the 'Balance of Family' test which requires that at least half of her children are Australian citizens or PRs and are living in Australia permanently or that more of her children live permanently in Australia than in any other country. If she doesn't meet the BoF test, she will not be eligible to apply for a Parent visa and will not be able to stay permanently. She must also meet health requirements. http://www.immi.gov.au/migrants/family/balance-family.htm Balance of Family test Aged Parent visas come in two basic 'flavours' - Contributory and non-contributory. A Contributory Aged Parent (Residence) Visa (Subclass 864) costs around $50,000 and can be expected to take 12-24 months to be processed. An Aged Parent (Permanent) (Subclass 804) visa costs $5585 and the current processing time is estimated to be in excess of 30 years. When an application is lodged in Australia for either visa, applicants are granted a Bridging visa that enables them to stay in Australia while their application is being processed. http://www.immi.gov.au/migrants/family/parent-inside.htm Onshore Parent visa options For both visas, an Assurance of Support bond is also required - the amount and length of time the bond is held depends on the visa. https://www.immi.gov.au/media/fact-sheets/34aos.htm AOS When an application has been lodged for a permanent visa (both visas are permanent), the applicant becomes eligible for full Medicare coverage. Link to comment Share on other sites More sharing options...
Quoll Posted January 16, 2015 Share Posted January 16, 2015 First question - does she actually want to stay or is it just for your convenience? The older people are, the harder it is for them to start afresh, leaving all their social and emotional connections, financial security etc and consign their ending years to a life of isolation and financial constraint in a foreign country. If she's young enough to make her own new connections and really wants to be there then the CPV is definitely quickest (and Immigration certainly have been known to deport older people so not really a wise risk.) not many 80 yr olds I know would be up for it. Link to comment Share on other sites More sharing options...
HappyHeart Posted January 16, 2015 Share Posted January 16, 2015 30 years for a non-contributory??? Wow. Am kind of expecting one or both of my parent say want to join us in future years but contributory is out of the question.... Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 16, 2015 Share Posted January 16, 2015 30 years for a non-contributory??? Wow. Am kind of expecting one or both of my parent say want to join us in future years but contributory is out of the question.... The other problem is that from 2 June 2014, the non-contributory Parent visas were repealed and closed. The Senate then passed a Disallowance motion and from 25 September 2014, it again became possible to lodge an application for those visas but to be realistic, it's only a matter of time before the government works out a way to repeal them again in such a way that they stay repealed.. Link to comment Share on other sites More sharing options...
HappyHeart Posted January 16, 2015 Share Posted January 16, 2015 The other problem is that from 2 June 2014, the non-contributory Parent visas were repealed and closed. The Senate then passed a Disallowance motion and from 25 September 2014, it again became possible to lodge an application for those visas but to be realistic, it's only a matter of time before the government works out a way to repeal them again in such a way that they stay repealed.. Yes thought had heard something similar. So basically parent visas will cease to exist unless you pay your way in> Was hoping there may be a way for my folks to come in their older years if necessary.. Link to comment Share on other sites More sharing options...
Ozmaniac Posted January 16, 2015 Share Posted January 16, 2015 If some future government thinks it will reward them politically to make it easier and/or cheaper to get parents to Australia, it's a pretty simple thing for them to open it up again and/or provide more non-contributory visas to shorten the queue. Of course, there's no way of knowing if that will ever happen but I wouldn't be at all surprised if it does. I'm sure that Australia must already be losing good potential immigrants when they see that the only way their parents can hope to join them at some time in the future is by paying over $50,000 per parent. Link to comment Share on other sites More sharing options...
tonyman Posted January 16, 2015 Share Posted January 16, 2015 my mil came over on a Contributory visa and yes it cost around 70,000 pound another $10,000 bond that is gaining some interest plus the shipping , selling and buying .....a massive move for her to be with her loved ones ......i would have done what you are suggesting but mil is a magistrate and has to do things by the book .........at 82 i would agree with parsley and keep her here under your loving wings ........good luck Link to comment Share on other sites More sharing options...
Hobbes Posted February 3, 2015 Author Share Posted February 3, 2015 We have now been advised by a Lawyer to apply for a " Age Relative Visa-Subclass 838 " does anyone know about this Visa. My mother in law would definitely like to stay on Oz permanently but only has one daughter here and four sons in England. Only one of the sons is able to give her board but is only doing it for the money he receives in rent and really is not a " good son ". He is even charging her rent whilst she is here in Oz. Her situation is that she lived in Greece for 15 years until her husband became very ill and was then forced to return to the UK for better medical care plus she was no longer able to look after her husband. Her husband has since passed away and now she is unable to return to Greece. Any advice would be welcome. Hobbes Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 3, 2015 Share Posted February 3, 2015 Here's a link to info on the 838 Aged Dependent Relative visa. From what you've written, it doesn't sound as if she will meet the dependency requirements. http://www.immi.gov.au/Visas/Pages/838.aspx See Visa applicants > Who could get this visa? for eligibility. Link to comment Share on other sites More sharing options...
Freesia Posted February 3, 2015 Share Posted February 3, 2015 @HappyHeart- the 103/804route is open with a long waiting time- they can sit on the application until it suits them to move ... &/or swap to the contributory version in future years if it suits. Better than waiting for it to be repealed again & wishing they'd tried? Link to comment Share on other sites More sharing options...
Roberta2 Posted February 3, 2015 Share Posted February 3, 2015 I doubt the Australian government thinks there is any risk in "losing good potential immigrants" via the cost of contributory parent and contributory aged parent visas. Older people are by definition likely to be a burden on the health, pensions and aged care systems, while contributing little in taxes etc. For example, it costs the government $100,000 to install a pacemaker in a patient who will be getting it free in the public health system. Moreover, the Australian government spends millions of dollars a year topping up frozen UK pensions. For example, my neighbour's mother emigrated from the UK in the 1950s. Her UK state pension is the princely sum of $8 a week. The Australian taxpayer must pay for her pension to be topped up. The government's primary obligation is to Australian taxpayers, present and future, not to millions of people around the world who would like to emigrate to Australia. How could it be otherwise? Moreover, overall immigration is still at very high levels- 190,000 a year. This in a country of just over 23 million. The economy is slowing rapidly, because the mining boom is over. Iron ore prices have halved this year, for example. With the baby boomer retiring in droves, the population is ageing rapidly. These high levels of immigration - of all kinds- cannot possibly last. Link to comment Share on other sites More sharing options...
mungbean Posted February 3, 2015 Share Posted February 3, 2015 30 years for a non-contributory??? Wow. Am kind of expecting one or both of my parent say want to join us in future years but contributory is out of the question.... Well if they give a bridging visa while this alleged 30 years waiting time is passing then it's kind of a joke right? You just stay there on the bridging visa, or is it not that simple? Link to comment Share on other sites More sharing options...
Que Sera Sera Posted February 3, 2015 Share Posted February 3, 2015 Well if they give a bridging visa while this alleged 30 years waiting time is passing then it's kind of a joke right? You just stay there on the bridging visa, or is it not that simple? I 'think' I read that you can do this at the moment but the Government are trying to stop it. They did stop it last year but it was repealed but they are expecting the Government to try to stop it again. Link to comment Share on other sites More sharing options...
Freesia Posted February 4, 2015 Share Posted February 4, 2015 Well if they give a bridging visa while this alleged 30 years waiting time is passing then it's kind of a joke right? You just stay there on the bridging visa, or is it not that simple? the Bridging visa does not apply to the 103 - only the 804 which is for Aged applicants . They can apply onshore & stay till grant. Link to comment Share on other sites More sharing options...
wrussell Posted February 4, 2015 Share Posted February 4, 2015 We have now been advised by a Lawyer to apply for a " Age Relative Visa-Subclass 838 " Was the lawyer who advised you, a registered migration agent? Link to comment Share on other sites More sharing options...
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