Parents are already in Australia on visitor 600 visa

[Gav15]

Hi 

My parents are already in Australia on a visitor 600 visa. They have 8501 condition, and a no further stay condition on their visa. My father is aged 69, and my mother is aged 63. 

Three children are in Australia, while 1 is overseas.

We want to apply for a non-contributory visa. 

What options we have for my parents  to stay here permanently?

Thanks in advance.

 

[Marisawright]

I'm sure someone else with more experience will chime in but here's how I understand it.

The big problem with a non-contributory visa is that the waiting period is over 30 years, so there's no point in applying from the UK and waiting for it to come through.  So what people do is arrive on a tourist visa, then apply for the parents' visa while they're in Australia.  That means they will get a bridging visa, which means they can stay in Australia while they wait.  

Your parents may not be allowed to do that on their current visa, because I think the "no further stay" condition would prevent it. But they could wait until the end of that visa, then come back on an ordinary tourist visa and apply then.

There are major downsides to that strategy though.  It's vital to consult a reputable migration agent and get them to explain all the pitfalls.  It's not an easy road to choose. 

The problem is that once they're on that bridging visa and they've sold up in the UK, they are no longer UK residents.  Their investments and pensions left in the UK are mostly taxed as if they were foreigners. Their British pensions will be frozen forever at whatever the rate is when they leave the UK - they'll never get any increases, and they''ll lose any additional benefits they may be getting.

It gets worse.  Because they'll be on a bridging visa, not a permanent visa, they're treated as foreigners in Australia as well.  They'll have to jump through hoops to buy a property because they'll be "foreign investors".  They are entitled to Medicare through the reciprocal agreement, but that only covers essential treatment.  They can't get ordinary health insurance, they have to pay for the (more expensive) overseas visitors' health insurance.  They are not entitled to the Australian pension or any old-age benefits or aged care.  

No one likes to think about their parents getting old and dying, but if you're planning this road, you really need to consider it.  I'm in my sixties and I'm all too aware how health costs rise as we get older, and in Australia, medications are expensive and not everything is covered by Medicare.  Your parents will be facing old age without any of the safety nets offered to the elderly in Australia, on frozen pensions. I hope you are rich.

I believe there are also restrictions on travelling outside Australia while on the bridging visa, someone else may  know better.  Some bridging visas don't allow you to leave the country at all.

 

[Marisawright]

If you're thinking (as many do) how harsh the Australian government is, denying parents the right to join their children - think again.

If the tables were turned, and you were an Australian wanting to bring your parents to the UK, it would be even worse.  The only way you can bring a parent to the UK is if they're so infirm they can't look after themselves.  A lot of other countries are equally as strict.

[Gav15]

3 minutes ago, Marisawright said:

I'm sure someone else with more experience will chime in but here's how I understand it.

The big problem with a non-contributory visa is that the waiting period is over 30 years, so there's no point in applying from the UK and waiting for it to come through.  So what people do is arrive on a tourist visa, then apply for the parents' visa while they're in Australia.  That means they will get a bridging visa, which means they can stay in Australia while they wait.  

Your parents may not be allowed to do that on their current visa, because I think the "no further stay" condition would prevent it. But they could wait until the end of that visa, then come back on an ordinary tourist visa and apply then.

There are major downsides to that strategy though.  It's vital to consult a reputable migration agent and get them to explain all the pitfalls.  It's not an easy road to choose. 

The problem is that once they're on that bridging visa and they've sold up in the UK, they are no longer UK residents.  Their investments and pensions left in the UK are mostly taxed as if they were foreigners. Their British pensions will be frozen forever at whatever the rate is when they leave the UK - they'll never get any increases, and they''ll lose any additional benefits they may be getting.

It gets worse.  Because they'll be on a bridging visa, not a permanent visa, they're treated as foreigners in Australia as well.  They'll have to jump through hoops to buy a property because they'll be "foreign investors".  They are entitled to Medicare through the reciprocal agreement, but that only covers essential treatment.  They can't get ordinary health insurance, they have to pay for the (more expensive) overseas visitors' health insurance.  They are not entitled to the Australian pension or any old-age benefits or aged care.  

No one likes to think about their parents getting old and dying, but if you're planning this road, you really need to consider it.  I'm in my sixties and I'm all too aware how health costs rise as we get older, and in Australia, medications are expensive and not everything is covered by Medicare.  Your parents will be facing old age without any of the safety nets offered to the elderly in Australia, on frozen pensions. I hope you are rich.

I believe there are also restrictions on travelling outside Australia while on the bridging visa, someone else may  know better.  Some bridging visas don't allow you to leave the country at all.

 

Thanks for the info mate. Appreciate it

[Marisawright]

I know the contributory parents' visa sounds like a lot of money, but in the end, it probably works out cheaper - because once they get it, they'll be eligible for full Medicare, all benefits, and after ten years they'll be eligible for the Australian aged pension as well.  Plus no restrictions on buying property or travel.  The waiting time is about five years.

[ramot]

2 hours ago, Marisawright said:

I'm sure someone else with more experience will chime in but here's how I understand it.

The big problem with a non-contributory visa is that the waiting period is over 30 years, so there's no point in applying from the UK and waiting for it to come through.  So what people do is arrive on a tourist visa, then apply for the parents' visa while they're in Australia.  That means they will get a bridging visa, which means they can stay in Australia while they wait.  

Your parents may not be allowed to do that on their current visa, because I think the "no further stay" condition would prevent it. But they could wait until the end of that visa, then come back on an ordinary tourist visa and apply then.

There are major downsides to that strategy though.  It's vital to consult a reputable migration agent and get them to explain all the pitfalls.  It's not an easy road to choose. 

The problem is that once they're on that bridging visa and they've sold up in the UK, they are no longer UK residents.  Their investments and pensions left in the UK are mostly taxed as if they were foreigners. Their British pensions will be frozen forever at whatever the rate is when they leave the UK - they'll never get any increases, and they''ll lose any additional benefits they may be getting.

It gets worse.  Because they'll be on a bridging visa, not a permanent visa, they're treated as foreigners in Australia as well.  They'll have to jump through hoops to buy a property because they'll be "foreign investors".  They are entitled to Medicare through the reciprocal agreement, but that only covers essential treatment.  They can't get ordinary health insurance, they have to pay for the (more expensive) overseas visitors' health insurance.  They are not entitled to the Australian pension or any old-age benefits or aged care.  

No one likes to think about their parents getting old and dying, but if you're planning this road, you really need to consider it.  I'm in my sixties and I'm all too aware how health costs rise as we get older, and in Australia, medications are expensive and not everything is covered by Medicare.  Your parents will be facing old age without any of the safety nets offered to the elderly in Australia, on frozen pensions. I hope you are rich.

I believe there are also restrictions on travelling outside Australia while on the bridging visa, someone else may  know better.  Some bridging visas don't allow you to leave the country at all.

 

Picking up on your comment about paying tax in UK as if foreigners if they leave the UK? We have not lived in UK for 25 years, and have never paid a foreigners rate. Just pay the normal UK rate, no change at all to our income. All our income comes from UK so is taxed at source. However I am fairly sure if you have income generated  in Australia, then some one like Alan Collett is best to ask for advice on the tax situation.

Yes your state pension is frozen when you leave UK. However if you return to UK for a holiday then you advise the pension department of the dates you are there. It is increased to the amount it should be had you not left, and then reverts to the previous frozen amount on your return to Oz. I won’t comment on what I think about this!!!

[Marisawright]

27 minutes ago, ramot said:

Picking up on your comment about paying tax in UK as if foreigners if they leave the UK? We have not lived in UK for 25 years, and have never paid a foreigners rate. Just pay the normal UK rate, no change at all to our income. All our income comes from UK so is taxed at source. However I am fairly sure if you have income generated  in Australia, then some one like Alan Collett is best to ask for advice on the tax situation.

It depends what your investments are.   For many things, foreigners and residents are taxed at the same rate.  For other things, it's different (and of course, it can change).

It doesn't affect me, but I do get the impression that (compared to Australia) there are fewer differences in UK tax between foreigners and residents, so it may be unlikely to affect them. Though I believe the British government is considering abolishing the tax-free threshold for non-residents which would be nasty.

Edited October 24, 2018 by Marisawright