Jump to content

Aged Parent with 143 application (Wrong Visa?)


Bilby47

Recommended Posts

My wife and I have a 143 application (29.05.2016) ongoing, but as we are Aged Parents should we have applied for visa 864 in one of our regular visits to Oz over the past 10 years?  We did not realise that it was possible to apply Onshore during our visits.  A change of application is probably not an option even given that the 864 waiting time is allegedly shorter!  What are the options for going to Oz and waiting for the 143 to be awarded?   Any help would be gratefully received.    

Link to comment
Share on other sites

143.4    Circumstances applicable to grant

143.411

If the applicant is, at the time of application:

(a)      the holder of a Subclass 173 (Contributory Parent) (Temporary)) visa; or

(b)      the holder of a substituted Subclass 600 visa; or

(c)  a member of the family unit of an applicant who holds a substituted Subclass 600 visa; or

(d)  an applicant:

(i)  who is a member of the family unit of a person who is the holder of a Contributory Parent (Temporary) (Class UT) visa; and

(ii)  to whom paragraph 143.311(b) applies;

the applicant may be in or outside Australia, but not in immigration clearance, when the visa is granted.

 

43.412

If clause 143.411 does not apply to the applicant at the time of application, the applicant must be outside Australia when the visa is granted.

Link to comment
Share on other sites

You could apply for a 600 visitor visa to spend up to 12 months  in Australia a bit nearer the time.  You would need to keep immigration informed so that you can go offshore when the visa is granted (a holiday to Bali or New Zealand etc would suffice.  If you have a look at the parent visa thread

there are some parents who are doing just that so you might get more information by asking some of them who have done this.

  • Like 1
Link to comment
Share on other sites

Hello Bilby47.

Your options for spending time in Australia while you wait until - most probably - 2019 for the granting of subclass 143 visas are:

>  Long stay visitor visas, as noted above.   See also: http://www.gm-parent-visas.com/visitor-visas-for-contributory-parent-visa-applicants/

>  Consider an 864 visa strategy, as you have noted.   Processing times are about a year presently - so visa grant would most probably be sooner than with your present visa application.   The downside of this strategy is the need to pay the 1st Visa Application Charges to the Department of Immigration again.

>  Apply for new temporary parent visas when they come into being later this year.   The processing timeline for these visas is not presently known, but if you are one of the first applicants you may well be granted visas quickly.

>  A combination of the first and the third dot points above.

Hope this helps.   Feel able to send a PM to me with your name and email address if you would like me to add your name to a database of people receiving information about the new temporary parent visa as and when details become known, and/or advise your phone number if you would like me to telephone you to discuss strategy.

Best regards.

Link to comment
Share on other sites

  • 2 months later...

We have applied for the contributory parent visa sub class 143. We are now on visitor visa sub class 600. We are elderley parents and the visa stipulates that we need to be out of the country for 6 months in every 18 months. We are finding it rather hard and expensive to be out of the country for this amount of time. Is there any way around this or do we need to keep doing this until our visa is granted, which seems to be a wait of  three years. 

Thank you

maureen

Link to comment
Share on other sites

15 minutes ago, Roger Vanstone said:

We have applied for the contributory parent visa sub class 143. We are now on visitor visa sub class 600. We are elderley parents and the visa stipulates that we need to be out of the country for 6 months in every 18 months. We are finding it rather hard and expensive to be out of the country for this amount of time. Is there any way around this or do we need to keep doing this until our visa is granted, which seems to be a wait of  three years. 

Thank you

maureen

You could consider applying for subclass 864 visas - assuming you don't have an 8503 condition on your visitor visas.

Best regards.

Link to comment
Share on other sites

I think that Alan Collett's advice to apply for the 864 as you are actually in Australia is a good idea.  We are going out in December with an E600 visa and may well apply for the 864 visa while we are there.  Another application fee will be required.  Other people who have done this have been given a bridging visa until the 864 is awarded (current waiting time is just over 12 months).  We are also considering a stay in New Zealand for a short(?) time to wait for our 143.  You can keep an eye on waiting times by sending an email to parents@border.gov.au    Just leave the subject line blank.

Regards,

 

Link to comment
Share on other sites

  • 7 months later...

Dear Alan Collett

thank you for your reply . Our visitor sub class 600 was granted on 7th November 2016. This visa is valid for 3 years. In every 18 month period we have to be absent for 6 months from Australia. We do have condition 8503. And 8558.  We are 80 ans 75 years of age. Is there any other visa that we can apply for that will allow us to stay without this 6 month restriction. We lodged our papers for a 143 visa in June 2016.this was lodged offshore.

thank you for your help

Roger Vanstone

 

Link to comment
Share on other sites

2 minutes ago, Roger Vanstone said:

Dear Alan Collett

thank you for your reply . Our visitor sub class 600 was granted on 7th November 2016. This visa is valid for 3 years. In every 18 month period we have to be absent for 6 months from Australia. We do have condition 8503. And 8558.  We are 80 ans 75 years of age. Is there any other visa that we can apply for that will allow us to stay without this 6 month restriction. We lodged our papers for a 143 visa in June 2016.this was lodged offshore.

thank you for your help

Roger Vanstone

 

Hello Roger.

There is no straightforward option for you.

This is the unfortunate consequence of going for a long stay visitor visa - the visa conditions were known when you headed to Australia.

The only change since you came out to Australia is the increasing waiting time for the granting of permanent residency visas.

The temporary parent visa may fill a gap, as and when it becomes available.

Best regards.

Link to comment
Share on other sites

Hi Roger,

                 My wife and I came out on the E600 visa in Dec 2017 having already applied for the 143 visa in May 2016.  On arrival we applied onshore for the 864 visa,  which entailed cancelling our 143 application and paying another application fee.  That was quite easy as all the previous documentation from the 143 was acceptable and did not have to be repeated.  I have not been given a bridging visa as yet but I have had two separate notifications about a month apart.  One confirmed that my 864 application was accepted and the latter confirmed that my 143 application had been cancelled due to my now current 864 application.   

Regards,

Jack (Bilby47) 

Link to comment
Share on other sites

Hi Jack.

Roger has a condition 8503 attaching to the subclass 600 visitor visa, which prevents  an application being made for 864 visas.

I anticipate that your Bridging Visa A grant notices were issued at the same time that your 864 visa application was receipted - they are usually pages 6 or so onwards in the visa acknowledgment letter.

Best regards.

Link to comment
Share on other sites

  • 2 months later...

Hi, my parents are in the same boat, do you know if they are allowed to apply for another e600 visa once the 18 months is over so they can stay for another 12 months in an 18 month period? They are currently waiting for the 143 Visa.

Thank you 

Leana

Link to comment
Share on other sites

Hi Leana,

               Alan Collet is the expert in all things "visa".  Just follow his advice.  Certainly the E600 visa operates for 12 months in any 18 months.  It also states that you are allowed 12 months from each arrival.  A bit confusing as it was suggested by some that strangely you could leave for a short time and come back to have a fresh 12 month period!!  I did not wish to risk that and so when I arrived on my E600 visa I applied for an onshore visa 864 (I had to cancel my 143 application at the same time).  I received a bridging visa about 5 weeks later.  I suspect that the grant of a permanent visa will be no quicker but at least we do not have to worry about renewing visas or leaving and coming back.

Jack

Link to comment
Share on other sites

On 29/03/2018 at 17:07, Alan Collett said:

 

This is the unfortunate consequence of going for a long stay visitor visa - the visa conditions were known when you headed to Australia.

The only change since you came out to Australia is the increasing waiting time for the granting of permanent residency visas.

Hi Alan,

Wondering if there is any way to cancel the existing long stay visitor visa and get a new short stay visa ? That might allow to apply for 864. We are in the same situation as well. 

Regards

 

Link to comment
Share on other sites

26 minutes ago, Kaybee said:

Hi Alan,

Wondering if there is any way to cancel the existing long stay visitor visa and get a new short stay visa ? That might allow to apply for 864. We are in the same situation as well. 

Regards

 

You could try going offshore and applying for an e651.

Remember the need to be a genuine visitor.

Best regards.

Link to comment
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

×
×
  • Create New...