subclass 600 Visitor Visa/Aged Parent Visa query

[rosiedoe]

Hi

 

I'm new to this forum!

 

I have a question relating to my mother-in-law who is currently in Oz on a 12-month stay subclass 600 visitor visa.

 

The visa was initially granted in June 2015 giving her multiple entries of 12-months each up to June 2016. She initially entered in November 2015. We visited Singapore in May this year, which gave her another one-year period, ending in May 2017. She is due to reach 65-years of age in June 2017, and she would like to apply for the Aged Parent Visa onshore at that time, but obviously she will fall just short of this date when her current visa expires.

 

We are of the understanding that, as she will have been in Oz for 18-months in total on her 600 visa, she will need to go back to the UK for a period of time before reapplying for an eVisitor to come back?

 

Could anybody give us some advice on the best period of time to be offshore in this circumstance please?

 

For info, my partner is Aus citizen and I am on partner visa.

thank you in advance

[Leanne Stevens]

Hi Rosiedoe, it's possible that your mother in law in fact is not supposed to remain for more than 12 months in any 18 month period on a tourist visa; check to see whether condition 8558 is on her visa.

[rosiedoe]

Hi Leanne

 

Thanks for your reply.

 

the only conditions attached to her visa are:- 8101 - No work & 8201 - Max 3 months study.

 

i have also just checked Vevo. This states:

 

Visa Grant Date - 11 June 2015

Visa Expiry Date - 23 May 2017

 

any further advice would be greatly appreciated!!

[rosiedoe]

Also, for info, her 65th birthday is 23 June 2017.....just a month off her 600 expiry!!

[SOMV]

I assume that you are on a permanent partner visa, not a provisional one? I am asking this just to make sure that she will actually qualify for a parent visa once she does turn 65?

 

You could send your mum back to the UK earlier, so that she does qualify for another visitor visa (even if it is just the ordinary 12 month but 3 months at a time visa) around June next year?

 

Alternatively, since she does not have a no further stay condition, you could try to apply for an extension of her visa onshore:

 

https://www.border.gov.au/Trav/Visa-1/600-/Visitor-e600-visa-online-applications

 

but the risk with that is that the policy is:

 

"Parents who have already spent 12 of the last 18 months in Australia would generally be expected to leave Australia and wait 6 months before being granted (on application and if eligible) another Tourist stream visa and returning to Australia. This manages the risk of their seeking to establish de facto residence and is consistent with condition 8558, which applies to longer stay/travel period Tourist stream visas."

[rosiedoe]

I assume that you are on a permanent partner visa, not a provisional one? I am asking this just to make sure that she will actually qualify for a parent visa once she does turn 65?

 

You could send your mum back to the UK earlier, so that she does qualify for another visitor visa (even if it is just the ordinary 12 month but 3 months at a time visa) around June next year?

 

Alternatively, since she does not have a no further stay condition, you could try to apply for an extension of her visa onshore:

 

https://www.border.gov.au/Trav/Visa-1/600-/Visitor-e600-visa-online-applications

 

but the risk with that is that the policy is:

 

"Parents who have already spent 12 of the last 18 months in Australia would generally be expected to leave Australia and wait 6 months before being granted (on application and if eligible) another Tourist stream visa and returning to Australia. This manages the risk of their seeking to establish de facto residence and is consistent with condition 8558, which applies to longer stay/travel period Tourist stream visas."

 

 

Thank you you for your reply.

 

to clarify, it is my partner's mother (he is Australian Citizen). And 3 of her 4 children all reside in Australia.

 

our intention is to send her back to the UK around March next year and then apply for standard eVisitor/ETA for her to potentially return in June 2017.

 

is there a recommended period of time for her to be offshore for prior to applying for another tourist visa?

 

thanks