Contributory Aged Parent Visa 864

[DAVID HUGH]

Hello

I am looking for  any information on this visa class if anyone has details?

We are retirees, our daughter has perm. residency, we can afford the contributions, and appear to tick all required boxes. Is the 864 the best and quickest option for us?

Also we are trying to  understand the application process - do we travel to Australia on a normal tourist visa then apply for the 864? And will  we need a bridging visa for the period up to when the 864 is issued? Also any information on the time taken to process the visa?

Any help appreciated.

[wrussell]

Have you consulted a registered migration agent for an assessmrent of your case?

[Marisawright]

There are two ways to apply for a visa. Note that the visa number may vary, depending whether you want to apply "offshore" (in the UK) or "onshore" (in Australia), so make sure you know which is which.  It's wise to consult an agent like Westly Russell (above), but bear in mind their job is to advise how to get into Australia, not to advise on the practical implications of the various visas on your lives.

Method 1.  Apply from the UK and wait in the UK for the application to be approved.  If you take this route, you can still get holiday visas to visit your daughter while you're waiting. 

Method 2.  Arrive in Australia on a tourist visa and then apply for a parent visa once you're settled. If you take this route, you'll get a bridging visa which allows you to stay in Australia while you're waiting.

Since the waiting time for a Contributory Parent Visa is something like 8 years, it would seem like a no-brainer to choose option 2.  However there are a few snags, so you need to be well aware of them before you make the decision.

While you're on a bridging visa, you are not legally resident in Australia - you are just a visitor, even if you're on that bridging visa for ten years.  That limits your rights and benefits, including things like your right to buy a house or travel, and your access to medical care. At the same time, you will cease to be a legal resident of the UK and lose access to some rights and benefits there (including access to the NHS).  In other words, you're in limbo. 

Personally, I'd say apply while you're still in the UK and wait in the comfort of your own home, with no complications and restrictions.  You can visit your daughter each year on a tourist visa, knowing that by the time you're getting too old for all the travelling, you'll have your permanent visa and can relocate.  Even with the air fares, that's likely to be the cheapest solution.

To provide a bit more detail about restrictions on a bridging visa:

If you want to buy a house, you'll be treated as a "foreign investor". You'll have to apply for special permission to buy a place (for a fee of course), and then you'll have to pay extra stamp duty as well - double, in some states.  We had someone post recently who had to pay an extra $45,000 in stamp duty   

You can't leave Australia.  If you want to leave the country, you have to apply for a separate visa (a BVB). You'll get the BVB for a specific period of weeks or months, and the next time you want to travel, you'll have to apply again.

If you're receiving the British aged pension, it will be frozen forever at whatever rate you're getting when you leave the UK - so the earlier you leave the UK, the lower your pension will be.   While you're on the bridging visa, you won't be entitled to any Australian pension, seniors' benefits or aged care.

 I don't know your ages but it's worth considering that when your application finally reaches the head of the queue, you'll have to pass medicals.  What will your health be like by then?   If you fail the medical, you'll have to pack up and move back to the UK. If there's a risk you might fail the medical, then you have to weigh up the pro's and con's  - on the one hand, you could say that at least you managed to get a few years living in Oz with your daughter, but on the other hand, you might regret having disposed of your home and possessions for a temporary move. 

Finally, medical costs.  This is a grey area, and may or may not be a problem on the bridging visa.  If you read the Immigration website, it says that as a British resident, you will have access to Medicare but only for "essential services", not elective surgery.  That may not sound too bad - but consider,  what if you need a hip replacement?  That's elective surgery.  You can't hop back to the UK to get it done either, because if you're no longer resident in the UK, you'll lose access to the NHS.  So if you're sensible, you'll get private health insurance - but it's not like private cover in the UK, because it only covers part of the cost.  To give you an idea, I had an op on my neck which cost $35,000.  The insurance only paid for $25,000.   However, we've had a few instances recently where parents on bridging visas have been issued with an interim Medicare card and been able to access the full range of treatments. Whether that's a mistake or a loophole I have no idea.

 

Edited July 21, 2019 by Marisawright

[wrussell]

You can’t enrol in Medicare if you’ve applied for an 804 or 103 parent visa. You may have some cover under a Reciprocal Health Care Agreement

[DAVID HUGH]

Marisawright

 

Many thanks for the detailed response. You have given us a lot to think about. The shocker is the 8 year wait for the 864 visa to be processed. I must admit I was expecting a wait of about 2 years but 8 years means there is little point in applying on shore. for us. Can you confirm if the 8 year wait was a one-off or is this the normal time taken?

Many thanks again to everybody who replied.

[Marisawright]

The waiting times have blown out as there are tens of thousands of applications received every year, and only around 6000 granted each year. 

The trouble is that countries do not want to import people who will be a net cost to the taxpayer. Britain, for instance, does not even offer a parent visa for adult children, and New Zealand recently closed their scheme (hopefully just temporarily)

Edited July 22, 2019 by Marisawright