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scott&sal

30yo wants to join us in Oz

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We migrated to Brisbane over 7 years ago with our two daughters and became citizens in 2016. My wife's son decided he did not want to come with us as he was settled with a girlfriend and job. He has visited on 3 occasions on a tourist visa. He has since became ill over in the UK and is now receiving disability benefits as he is unable to work at certain times making it difficult for him to find any kind of employment. He now is expressing a wish to join us permanently out here but I'm not sure that is possible. He has very limited options of people to care for him the UK and we feel his health would improve if he lived out here with us. Accepting that a permanent move may not be possible he was looking at a 12 month visa . We were wondering because of his condition whether there would be questions regarding his health and this would affect the granting of a 12 month visa, and if so would this information then go against him if he wanted to apply just for the 3 month tourist visa. I know it's a pretty confusing set of issues but any advice would be greatly appreciated.

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We migrated to Brisbane over 7 years ago with our two daughters and became citizens in 2016. My wife's son decided he did not want to come with us as he was settled with a girlfriend and job. He has visited on 3 occasions on a tourist visa. He has since became ill over in the UK and is now receiving disability benefits as he is unable to work at certain times making it difficult for him to find any kind of employment. He now is expressing a wish to join us permanently out here but I'm not sure that is possible. He has very limited options of people to care for him the UK and we feel his health would improve if he lived out here with us. Accepting that a permanent move may not be possible he was looking at a 12 month visa . We were wondering because of his condition whether there would be questions regarding his health and this would affect the granting of a 12 month visa, and if so would this information then go against him if he wanted to apply just for the 3 month tourist visa. I know it's a pretty confusing set of issues but any advice would be greatly appreciated.


Unlikely. Even if his skills met the need, the fact that he is getting disability benefits pretty much rules him out as he would cost the Australian tax payer too much. You could run it past one of the agents who specialize in medical conditions but on the face of it I'd say his chances are close to zero
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7 hours ago, Quoll said:


Unlikely. Even if his skills met the need, the fact that he is getting disability benefits pretty much rules him out as he would cost the Australian tax payer too much. You could run it past one of the agents who specialize in medical conditions but on the face of it I'd say his chances are close to zero

I think the same, cannot see how he could get a permanent visa.  I also think if he could get a 12 month tourist visa then that would almost be worse as he’d just have to return in the end and try and pick up where he left.  I’d suggest to speak with a migrant agent just to see if there are any options. The only other option is for you to return to the UK to care for him, I wish you well.

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Correct me if I'm wrong, but I think the OP has accepted he can't get a permanent visa.   They're asking about a 12 month visa, which I assume is the 600 visa.

The trouble is that once the 12 months is up, what will he do?  He can't just apply for another 12 month visa. 

Anyway, I believe they sometimes ask for a medical clearance for visas over 6 months, so that could be a hurdle. 

He should also check whether his disability payments would be affected by leaving the UK for an extended period.  I know that in Australia, if you leave the country for more than a few months, the benefits are stopped - I have no idea how it works in the UK.

 

 

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Correct me if I'm wrong, but I think the OP has accepted he can't get a permanent visa.   They're asking about a 12 month visa, which I assume is the 600 visa.
The trouble is that once the 12 months is up, what will he do?  He can't just apply for another 12 month visa. 
Anyway, I believe they sometimes ask for a medical clearance for visas over 6 months, so that could be a hurdle. 
He should also check whether his disability payments would be affected by leaving the UK for an extended period.  I know that in Australia, if you leave the country for more than a few months, the benefits are stopped - I have no idea how it works in the UK.
 
 
Thanks to everyone for their replies. Agreed that we thought a permanent move would not be an option. Thanks for the info regarding the medical clearance, the immigration website is not that clear on who needs medicals etc . I don't know if anybody has asked this before , but let's say he is refused the 12 months on the 600 visa would this then go against him if he applied for the three month tourist visa?? If it's safer just to apply for that then that may be the easier course of action. Regards to benefits in the UK we believe it's 3 months out of the country and then you have to go through the process again.

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Thanks to everyone for their replies. Agreed that we thought a permanent move would not be an option. Thanks for the info regarding the medical clearance, the immigration website is not that clear on who needs medicals etc . I don't know if anybody has asked this before , but let's say he is refused the 12 months on the 600 visa would this then go against him if he applied for the three month tourist visa?? If it's safer just to apply for that then that may be the easier course of action. Regards to benefits in the UK we believe it's 3 months out of the country and then you have to go through the process again.
Just read this on the immigration website, was wondering whether anyone on here has applied for 12 months on the 600 visa but only been granted 3 months??Screenshot_2019-01-13-11-43-31-176~2.jpeg

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1 hour ago, scott&sal said:

 Regards to benefits in the UK we believe it's 3 months out of the country and then you have to go through the process again.

I'd suggest he needs to go into the office and check it out thoroughly - unless he's in a position where he can lose his benefits and not be too worried about it. 

Like I said, I know nothing about how it works in the UK, but I know Australians who've thought they could retire to Bali, only to find their disability benefits cut off after a certain period - and while they could "go through the process again",  that meant going back to Australia for the extended period it would take to get it all re-approved.   A very expensive exercise!

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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52 minutes ago, scott&sal said:

Just read this on the immigration website, was wondering whether anyone on here has applied for 12 months on the 600 visa but only been granted 3 months??Screenshot_2019-01-13-11-43-31-176~2.jpeg

The way I read that section of the site, it's saying that if he's granted a "multiple entry" visa instead of a "single entry" one, each visit must be less than 3 months.  But all he'd have to do is hop over to New Zealand or Asia for a few days, then come back. 

I do notice it says he has to meet the health requirement.  

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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I'd be worried too about the cost of travel insurance given a pre-existing condition - that might be out of reach and reciprocal Medicare might not cover every eventuality. I hadn't thought about the loss of benefits from being out of the country so long but that, and a changed status with the NHS for a long absence, could be an issue.

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8 hours ago, Marisawright said:

Correct me if I'm wrong, but I think the OP has accepted he can't get a permanent visa.   They're asking about a 12 month visa, which I assume is the 600 visa.

The trouble is that once the 12 months is up, what will he do?  He can't just apply for another 12 month visa. 

Anyway, I believe they sometimes ask for a medical clearance for visas over 6 months, so that could be a hurdle. 

He should also check whether his disability payments would be affected by leaving the UK for an extended period.  I know that in Australia, if you leave the country for more than a few months, the benefits are stopped - I have no idea how it works in the UK.

 

 

The OP stated that the son had

 “expressed a wish to join us permanently but I’m not sure that is possible”

he then went on to ask about 12 month visa options. No where does he say in his post he’s he’s accepted he can’t have a visa, he’s just not sure if that’s possible. You asked to be corrected if you were wrong....... 

Edited by Tulip1
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1 hour ago, Tulip1 said:

The OP stated that the son had

 “expressed a wish to join us permanently but I’m not sure that is possible”

he then went on to ask about 12 month visa options. No where does he say in his post he’s he’s accepted he can’t have a visa, he’s just not sure if that’s possible. You asked to be corrected if you were wrong....... 

Actually he says “accepting that a permanent move may not be possible”

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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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1 hour ago, Marisawright said:

Actually he says “accepting that a permanent move may not be possible”

No, in his original post he says he is not sure that is possible. He may have used the word accepting in response to another users comments later down the page but the original wording was he is not sure if it was possible.  When I commented and when you then commented on what I’d put he had not at that time said anything other than he was not sure if it was possible. Therefore, you had asked to be corrected if you were wrong and my correction still stands. 

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3 hours ago, Marisawright said:

Actually he says “accepting that a permanent move may not be possible”

Having read his post again I note that towards the end he does state what you have quoted above (still using may not be as opposed to he can’t which you quoted earlier).   However, he does state what I have said before that and as he clearly put he is not sure if a permanent visa is possible, it is perfectly reasonable for me to comment on that.  What I don’t think is reasonable is your “correct me if I’m wrong but I think the OP has accepted he can’t get a visa” that is a dig at my comment and not necessary.  I apologise that I earlier said no where did he use the word accepted as I now see he did use that towards the end of his quote, albeit still with the ‘he may not get’ rather then he won’t get. Perhaps you may wish to apologise for the derogatory comment you made about the perfectly reasonable comment I made which was not unpleasant in any way. I even wished them luck.

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5 hours ago, Tulip1 said:

Having read his post again I note that towards the end he does state what you have quoted above (still using may not be as opposed to he can’t which you quoted earlier).  ...  What I don’t think is reasonable is your “correct me if I’m wrong but I think the OP has accepted he can’t get a visa” that is a dig at my comment and not necessary.  

No, it wasn't a dig at your comment.  I made the statement because the OP's post was a bit contradictory (as you point out), so I was not sure whether I'd understood it correctly or not.

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Applicants for a medical treatment visa are not required to undertake a medical examination.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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