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Getting onto an Aged Contributor Parent Visa from a Visitor Visa with NO "No Futher Stay Clause


Alan H

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Here is a tricky one for the group. Really appreciate your time in reading it

 

We want our parents to come live with us . They meet all the balance of family tests etc so no issue there. Here is the situation

 

Parents have a visitors Visa that expires in June '16

 

My Father is turning 65 years old in March '16 (3 months before the visa is expiring)

 

Given that my Father is turning Penioner age and from what i understand 65 is the golden age from switching to a "Aged" contributor visa and from everything I read, an application for "Aged" can be submitted on Shore (In Australia) and a Bridging Visa can be setup between the visitors visa and the Aged Contributors visa while we wait for the decision on the Visa.

 

Also I understand that you only need the main applicant to be 65 and a secondary application (Aka my mother who is not 65) doesn't have to be penioner age.

 

So do i understand everything correctly or am i totaly out to lunch ?

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If the visit visa has a no further stay clause then they cannot apply for any visa whilst in Australia, they must depart then apply. They can then apply to return on a visit visa whilst their parent visa is being processed.

Don't think they can ship their things either until they have a PR visa though, not as personal imports anyway.

Would they not need to return to UK to sort things out anyway before a permanent move?

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If the visit visa has a no further stay clause then they cannot apply for any visa whilst in Australia, they must depart then apply. They can then apply to return on a visit visa whilst their parent visa is being processed.

Don't think they can ship their things either until they have a PR visa though, not as personal imports anyway.

Would they not need to return to UK to sort things out anyway before a permanent move?

 

Good point on the shipping point.

 

They do not have the "no further stay" clause in their visa.

 

Well right now we are just looking at many options. one of them is coming to australia the other is going back to their home country and another is going off to another country where other family is located.

 

Thank you for your help i really apreciate it

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Alan, the bottom line is that it's illegal to arrive in Australia on a tourist visa with an intent to settle in the country. So you do need to be conscious of that.

 

If they arrive with a valid return ticket, as if they're just coming on a short holiday, then it's unlikely anyone will interrogate them. But if they're unlucky and are questioned, there are all kinds of things that could give them away. Will there be anything in their luggage that they wouldn't take on holiday (for instance, when we migrated, we took all our valuable documents in our hand luggage rather than risk losing them - we certainly wouldn't have brought them on a vacation!)?

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So let me get this straight. You can avoid all the wait of a parent visa simply by applying whilst over on a visitor visa and the bridging visa will cover the years of waiting???

 

That is a bloomin good loop hole :smile:

 

Hmmmm. Not quite. There's big risk involved

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So let me get this straight. You can avoid all the wait of a parent visa simply by applying whilst over on a visitor visa and the bridging visa will cover the years of waiting???

 

That is a bloomin good loop hole :smile:

 

In a way. But has to be weighed up against the feeling of being in limbo for an extended period.

 

Other downsides would include: not having access to full Medicare, having to apply for permission to leave the country (via BVB) every single time, maybe having trouble with financial institutions due to being on a bridging visa, if health deteriorates, not getting the parent visa anyway at the end of it and having to leave.

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In a way. But has to be weighed up against the feeling of being in limbo for an extended period.

 

Other downsides would include: not having access to full Medicare, having to apply for permission to leave the country (via BVB) every single time, maybe having trouble with financial institutions due to being on a bridging visa, if health deteriorates, not getting the parent visa anyway at the end of it and having to leave.

 

 

Nevertheless many are going for the subclass 804 visa, Bungo.

 

The price differential with the Contributory Parent visas is high - and for some the cost of a CP visa strategy is beyond their reach financially.

 

So long as the parents are comfortable with the extended period of living on a BV and understand the risks - and are not being coerced by family already in Australia - I say the 804 visa has its place in terms of available strategies.

 

The main risk that I perceive with the 804 strategy is the consequences of failing the medical examination some time in the future. Yes, a subclass 602 Medical Treatment visa should be available, but access to Medicare to reimburse health costs should be checked.

 

Best regards.

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