804 Closing of this visa

[retirement16]

Can anyone advise us PLEASE... we have applied and been acknowledged  our application now on a "A" visa       Should they cap and cease this Visa within the 20-30 year period what happens to us  if we are residing in Australia with no extra spare cash to upgrade to any other would w have No Rights at all all answers gratefully received

 

[MaggieMay24]

If they cap & cease, then they would also give information at the time about what happens to applicants.  Sometimes they've simply closed visas to new applicants but existing applicants are still processed.  Sometimes they've cancelled the visa subclass and it's been as if the application was never made, and applicants have to submit a request for a refund of the fee.  Although it's hard to predict what the government may do, I don't expect they would ever eliminate the parent visa completely and if they did, they would be unlikely to stop processing applications that have already been submitted.

[VERYSTORMY]

Impossible to say if they will and if they did how they would do it. But I do tell people to be very cautious of possible negatives in this respect. About a year ago, they closed a visa class known at cat 5. These were skilled occupation visas for low priority and so very long processing times. They announced without warning that people who had applied would have their applications cancelled and would need to provide original receipts for a refund and that was that. Many had been living in Oz on bridging visas for years. 

I think given that they have announced to cut the visa classes dramatically next year I think it very likely this one will get the chop. 

[Nemesis]

3 hours ago, VERYSTORMY said:

Impossible to say if they will and if they did how they would do it. But I do tell people to be very cautious of possible negatives in this respect. About a year ago, they closed a visa class known at cat 5. These were skilled occupation visas for low priority and so very long processing times. They announced without warning that people who had applied would have their applications cancelled and would need to provide original receipts for a refund and that was that. Many had been living in Oz on bridging visas for years. 

I think given that they have announced to cut the visa classes dramatically next year I think it very likely this one will get the chop. 

Which is why its never a good idea to move and put oneself on a Bridging Visa for years. 

[Alan Collett]

I'm happy to be corrected on this, but my recollection is that the cap and cease provisions have only ever been applied to a sector of the onshore skilled visa cohort a few years ago.

These provisions have never been applied in the family visa area.

Best regards.

[Alan Collett]

48 minutes ago, Nemesis said:

Which is why its never a good idea to move and put oneself on a Bridging Visa for years. 

If I might say, that is an easy comment to make when you are not separated from your children and grandchildren who are living/growing up in Australia.

The risk issue here is primarily political.  As things stand, the only party that has sought to withdraw the 804 subclass was the Coalition in May 2014.   That measure was thrown out in the Senate a few months later.

The Coalition now has a more tenuous hold on power, and while the withdrawal of this visa subclass may eventuate during 2018 in an effort to "simplify" the visa program I do not see the Government having the numbers to disadvantage existing parent visa applicants.

Best regards.

 

[Nemesis]

45 minutes ago, Alan Collett said:

If I might say, that is an easy comment to make when you are not separated from your children and grandchildren who are living/growing up in Australia.

T

You are talking to someone who had to go home to the Uk in order to be with her husband after oz denied him a visa. I KNOW only too well how hard family separations are, I know what its like having to leave the country one has lived in for years at fairly short notice following a refusal/cancellation/etc and we both know how hard it was trying to get him a good job when on a provisional visa. On a Bridging Visa he would've had no chance at all.

[retirement16]

To Nemesis did your husband not have his visa when he arrived in Australia  why then did they  then  deny him a visa when there

Are we talking about the 804 or a visa for a working age person    The 804 is a Permanent Visa with work rights  the |Bridging visa "A" which you get issed for 30years also has work rights should you use them  a majority on the 804 Visa are over 65 and do not take this option up  if they do they are not looking for a Good job they would be looking at a part time job to help with finances usually

 

[Nemesis]

3 hours ago, retirement16 said:

To Nemesis did your husband not have his visa when he arrived in Australia  why then did they  then  deny him a visa when there

Are we talking about the 804 or a visa for a working age person    The 804 is a Permanent Visa with work rights  the |Bridging visa "A" which you get issed for 30years also has work rights should you use them  a majority on the 804 Visa are over 65 and do not take this option up  if they do they are not looking for a Good job they would be looking at a part time job to help with finances usually

 

My case has nothing to do with an 804. I was merely replying to Alan' comment about it being an 'easy suggestion'  to say that I am not totally ignorant of what ts like to have your family split due to visa requirements, nor am I without feelings for those who may be affected. 

Thats why I only quoted that part of his reply.

[Alan Collett]

7 hours ago, Nemesis said:

My case has nothing to do with an 804. I was merely replying to Alan' comment about it being an 'easy suggestion'  to say that I am not totally ignorant of what ts like to have your family split due to visa requirements, nor am I without feelings for those who may be affected. 

Thats why I only quoted that part of his reply.

Noted - thanks for clarifying.

Can you advise though: was yours an employer sponsored visa that didn't eventuate, or a parent visa application?

Best regards.

[retirement16]

On the 804 topic again                                  we were given a BV"A" in  May 2017 after our . 804 application was acknowledged.  We traveled on our  651 Visitor Visa back to the UK and will return to OZ on the same    651 .VV before it expires end of March 

Will we need to reapply then for a re-instatement of B V "A" or does this automatically kick back in  If we have to re apply who do we re apply to  Det of Imm. or to Perth Parents centre  any guidance on this would be gratefully received thanks

[Misplaced]

Hi - I hope you don’t mind me picking your brains. My Mother in Law is looking to come over next year and will apply for the 804 visa. She will probably not return to the UK. My question is how long in to the travel visa did you apply for the 804 visa?

Thanks,

Mis

[retirement16]

About 1 week  after we arrived.......applied and got our acknowledgment within 2 days plus a Bridging Visa A.  Everybody expects the 804 to be stopped so apply as soon as you can while it is still available in my opinion

[Misplaced]

About 1 week  after we arrived.......applied and got our acknowledgment within 2 days plus a Bridging Visa A.  Everybody expects the 804 to be stopped so apply as soon as you can while it is still available in my opinion

What makes everyone think they are going to stop the 804?

PS - thanks for the heads up

[retirement16]

A lot of agents feel that immigration will tidy up Parent Visa's  and as one new one has just started (5year/10year) one that because of the estimated 30 year wait on the 804 that  they will most probably  curtail the 804   we are just worried as we are 6 months into the 804 that they will abolish it completely........ not just close it  but nobody knows until it is announced    Agents seem to be saying they will close it.

[Alan Collett]

1 minute ago, retirement16 said:

A lot of agents feel that immigration will tidy up Parent Visa's  and as one new one has just started (5year/10year) one that because of the estimated 30 year wait on the 804 that  they will most probably  curtail the 804   we are just worried as we are 6 months into the 804 that they will abolish it completely........ not just close it  but nobody knows until it is announced    Agents seem to be saying they will close it.

The new temporary parent visa is not yet available to applicants.

Best regards.

[Alan Collett]

1 hour ago, Misplaced said:

 

What makes everyone think they are going to stop the 804?

PS - thanks for the heads up

Remember that the Government tried to withdraw the subclass 103 and 804 visas in 2014.   The measure was overturned in the Senate.

The Government has even less control over the Senate now than it did 3 years ago.

Best regards.

[Misplaced]

A lot of agents feel that immigration will tidy up Parent Visa's  and as one new one has just started (5year/10year) one that because of the estimated 30 year wait on the 804 that  they will most probably  curtail the 804   we are just worried as we are 6 months into the 804 that they will abolish it completely........ not just close it  but nobody knows until it is announced    Agents seem to be saying they will close it.

Normally, they will honour the visa that you applied on but as it’s government anything could happen.

Has anyone got any ideas when the decision is likely?

[Misplaced]

Remember that the Government tried to withdraw the subclass 103 and 804 visas in 2014.   The measure was overturned in the Senate.
The Government has even less control over the Senate now than it did 3 years ago.
Best regards.

Hi Alan - we seem to speak a lot on this subject...lol

The MiL has her house up for sale now so she is moving in the right direction. I hear what you are saying and whenever I search 804 it only returns the decision from 2014 in the Senate. There is no indication that they changing or stopping the 804. Normally they put a “leak” out that would indicate what is happening.

We may have to see about bringing her over before the sale and take it from there. All fun and games.

Craig

[Quoll]

7 hours ago, Misplaced said:

 

Hi Alan - we seem to speak a lot on this subject...lol

The MiL has her house up for sale now so she is moving in the right direction. I hear what you are saying and whenever I search 804 it only returns the decision from 2014 in the Senate. There is no indication that they changing or stopping the 804. Normally they put a “leak” out that would indicate what is happening.

We may have to see about bringing her over before the sale and take it from there. All fun and games.

Craig

 

So how are you going to get her there? Surely she isn’t going to lie about her intentions to DIBP and say she is going to be a tourist? If she’s selling a house, why not just apply for the CPV? More reliable all round I would have thought. 

[Misplaced]

So how are you going to get her there? Surely she isn’t going to lie about her intentions to DIBP and say she is going to be a tourist? If she’s selling a house, why not just apply for the CPV? More reliable all round I would have thought. 

Just because she is selling a house doesn’t mean she isn’t a tourist. If it transpires that she would rather stay then there is the option of applying for the 804. Or she could return and move in with family. Don’t assume you know all the facts.

[rammygirl]

9 minutes ago, Misplaced said:

 

Just because she is selling a house doesn’t mean she isn’t a tourist. If it transpires that she would rather stay then there is the option of applying for the 804. Or she could return and move in with family. Don’t assume you know all the facts.

 

True enough.  We sold our house in the UK and rather than rent for a while we went to Florida and lived in my sisters holiday home for a couple of months on a tourist visa.  Hubby worked from home anyway so he just continued to do work for clients remotely as he had done on other holidays.  Our intention was never to stay and there wasn’t an option to anyway, but I guess that scenario would pass muster providing a return ticket was bought.