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MatSilver

405 Retirement Visa & BOF test when moving off of visa

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Hi, I'm new to this forum and putting it out there to see if any advice, similar experience or 'backdoors' are available.

 

I've joined here on behalf of my mother, she is 79 years old and currently the holder of a Subclass 405 visa, she is on the verge of having to renew this visa for a third term. She lives in QLD.

Both of my parents moved out to Australia almost 8 years ago to live nearer to my sister and famnily who are now citizens, at the time I was living in Australia on a PR visa which has now expired as I reside in the U.K with my young family with no intention of returning in the immediate future.

My parents we're married for 40+ years and had two children(myself and citizen in Oz sister). From prior marriage they both had children my mother 2 and my father one. Sadly at the start of 2013 my father passed away in Australia and his subsequently buried there. In terms of BOF test this leaves my mother with 3:1 in the U.K. Not ideal. My step brothers and children are 57 & 59 years old(irrelevant I know).

 

We know we don't have a hope in regards to BOF test otherwise she would have applied for PR years ago along with my father, the challenge she know faces is since my fathers passing and post last 405 issue she doesn't meet the $50k/annum earnings. So is a little bit stuffed either way so has found her self in a bit of a pickle.

 

She is 80 in December, a new widow who's husband is buried near her home. She owns a house outright with zero debt in Australia and enough income to easily survive on her own. Her daughter lives 3 streets away and they are naturally close. With the $AU tumbling her assets are not very good in regards to a return to the UK or is the desire. The QLD government hold a bond of $250k at the moment and she owns a house work a fair amount.

Here are the questions that I sincerelty hope you can help or adivse as best you can on.

 

- Is there such a thing as a compassionate ground for a visa being granted? Or has anyone ever heard of this.

- Is it possible for me to pledge a sum per month in a legal document that can correct the earnings requirement. I am a business owner and am willing to do this for her as it's looking like between my sister and I we will financially aid her in her later years.

- Are there any avenues we've missed.

- How do they 'actually' check the BOF test and is there any scope for a potential declaration of non-intent. (Again I know the relationship is irrelevant).

 

I've spoken to immigration and they say the BOF is based on significant ties to Australia so hoping or rather clutching at straws that somehow a husbands grave, a home, 5 grandchildren and almost 8 years of life is a good or significant enough tie to Australia.

Is there 'ever' a case where it's not box ticking but circumstantial. We hope there is as she is in an awful situation at her stage of life.

 

I think we know where we are but there is some great information on here and some knowledgable people so would love any input whatsoever.

 

And I'm new here so please be kind.

 

Thanks in advance. If I've missed anything please don't hesitate.

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She's in a very precarious position. I would talk to a good registered migration agent. There's a lot on the line here. Best of luck to your mother - I hope you can find a way for her to stay.


Applied for PMV 300: 18 April 2013 (Washington, D.C.) Police Checks: Front-loaded. Medicals: 3 June 2013 Meds Referred: ? Meds Cleared: 8/2013 PMV GRANTED: 03 JAN 2014! Married: March 2014. Applied for 820: 28 April 2014. 820 GRANTED: 07 July 2014!

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How stringent are immigration when your parents have renewed previously?

we luckily are on the old 410 retirement visa and it's basically just rubber stamped, we haven't had to reprove income.

I really don't know the answer but do you have to have the same level of income as a single person, if the visa was originally for a couple? Or is the 50.000$ the amount for 1 person. Just a thought.

I know it's a very expensive visa to keep up and wish you all the best.

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From what you have posted, there is probably a workaround.

 

Do NOT play games with the DIBP, such as falsifying BOF or any other information. In any case, they already know the BOF particulars.

 

May I suggest that you consult a registered migration agent for advice about possible visa strategies?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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The original visa was effectively for a single person with my mother named on it. She has had to declare my fathers passing so the visa has shifted to her for the duration of the term.

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Not looking to play games per se just wanted to know if there were ANY circumstances it can be looked at differently.

 

We hoped for a workaround but without spending thousands it is hard to get any advice, hence trying this place to see if anyone has heard of or knows of a similar case.

The Immigration agent approach is a minefield sadly. if this were a case you had yourself for a client would you think it's workable? If so we will engage with you. Sadly there are a fair few 'pop-up' agents who wouldn't know enough to consider work arounds.

Not asking for a strategy just if you think it is a case you would look at or want to look at? If so let's talk.

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