Rena Tan Posted May 1, 2019 Share Posted May 1, 2019 My aunty is in Australia on tourist visa now. Her only child wants to apply Aged Parent Visa 804 for her. She doesn't mind submitting the application for the future. However, she is reluctant to move as yet. She was told by friends she has to stay once her application is accepted & she can no longer travel on tourist visa. She was told she will be granted BVA automatically & she has to apply for BVB & give reasons to go home. Is this true? Her tourist visa is for multiple entries for a yr & each stay not exceeding 3mths. If she travels out of Australia in her tourist visa within 3mths, will she have violated any rules on her visa 804? Can she apply & goes in on tourists visa agn once it expires? She needs urgent advice now. Thank you very much for your kind response Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted May 1, 2019 Share Posted May 1, 2019 I could be confused, but, a 804 is only available to parents of PR holders, so not sure how she could even apply for it. Quote Link to comment Share on other sites More sharing options...
Rena Tan Posted May 1, 2019 Author Share Posted May 1, 2019 4 hours ago, VERYSTORMY said: I could be confused, but, a 804 is only available to parents of PR holders, so not sure how she could even apply for it. Oh, i forgot to mention her son is an Australian now. She satisfies all the criteria for Aged Visa 804. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 1, 2019 Share Posted May 1, 2019 10 hours ago, Rena Tan said: My aunty is in Australia on tourist visa now. Her only child wants to apply Aged Parent Visa 804 for her. She doesn't mind submitting the application for the future. However, she is reluctant to move as yet. If she is not ready to move, then her child must not apply for the 804 visa for her. If he applies while she is in Australia, she will get a bridging visa BVA. But under that visa, she will not be allowed to leave Australia. She can apply for a BVB (permission to travel), but that will enable her to leave for a maximum of three months only, then she must return. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted May 1, 2019 Share Posted May 1, 2019 If she lodges an 804 application, she will be issued a BVA which will sit in the background as long as her existing visitor visa is valid. If she overstays one of the 3-month entries on the visitor visa, then the visitor visa will expire and the BVA will take effect. The BVA allows her to remain legally in Australia while the 804 is processed. If she wants to travel overseas, she would need to apply for a BVB (BVA does not have re-entry rights but the BVB does). The BVA is granted pretty readily these days due to the lengthy processing times of other visas, and it may be valid up to 6 months (I'm not sure if getting a longer one is possible so perhaps check with a migration agent). As long as returns to Australia before any BVB expires, she could then apply for a new one to travel again. There may be advantages to applying for the 804 sooner rather than later (avoid future fee increases, apply while her health is good, apply while the visa still exists in case the government changes the rules, etc.) so I'd suggest she and her son speak with a migration agent to get all the ins and outs of the process and then they can decide on a strategy. Quote Link to comment Share on other sites More sharing options...
Rena Tan Posted May 2, 2019 Author Share Posted May 2, 2019 Thank you marisawright & MaggieMay for your responses. However, both are contradictory. Her wish iss exactly as what MaggieMay stated, to travel on tourist visa ech time but have the & BVA sitting in the background so her 804 application remains until such time when she's ready to join her only son. H as anyone gone through this experience, pls share . Thank you so, so much Quote Link to comment Share on other sites More sharing options...
Marisawright Posted May 2, 2019 Share Posted May 2, 2019 (edited) 4 hours ago, Rena Tan said: Her wish iss.... to travel on tourist visa each time but have the & BVA sitting in the background so her 804 application remains until such time when she's ready to join her only son. H They are not contradictory but answering a different part of your question. She has a tourist visa now. If she applies for a 804, she will get a BVA,, but it will not take effect until her current tourist visa expires - so she can travel back and forth until then. However, once the BVA is in effect, she cannot get any more tourist visas. She must be in Australia when the BVA takes effect (if she is not, it may be cancelled). Then she must stay in Australia until she can get a BVB. She will have to apply for a new BVB every single time she wishes to go overseas. Each time, she must have a specific reason why she must go overseas, e.g. a wedding, illness of a family member, sale of a house. The department will grant a BVB of a few weeks to a few months, depending on what reasons she has given. Each time, she must return to Australia before the expiry of the BVB or she will lose her visa. So you see, if she applies for a 804, once she gets her BVA, she will have to spend most of her time in Australia with only a few short trips home each year. It doesn't sound as though that's what she wants. Edited May 2, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
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