Parent visa application timelines (143 & 173)

[sub7er]

it doesnt matter how long AOS is taking as i dont think they are issuing or finalising the visa 143 till the borders are closed and are expected to open mid next year.

[Alan Collett]

1 hour ago, sub7er said:

it doesnt matter how long AOS is taking as i dont think they are issuing or finalising the visa 143 till the borders are closed and are expected to open mid next year.

I respectfully suggest you research other threads ...

Best regards,.

[cfernandes]

@Alan Collett  For offshore 143 visa applicant's I understand that they have to be offshore at the time of visa application.

Have you in th recent past come across any cases where the parents were onshore and may be stuck onshore due to the covid-19 situation and can't go back or leave AUS. However, the department has still considered this and granted the 143 visa to allow them to continue their stay?

[Alan Collett]

3 minutes ago, cfernandes said:

@Alan Collett  For offshore 143 visa applicant's I understand that they have to be offshore at the time of visa application.

Have you in th recent past come across any cases where the parents were onshore and may be stuck onshore due to the covid-19 situation and can't go back or leave AUS. However, the department has still considered this and granted the 143 visa to allow them to continue their stay?

In short - no, unless already holding a 173 visa.

The Department can't act unlawfully.

Best regards.

[cfernandes]

1 minute ago, Alan Collett said:

In short - no, unless already holding a 173 visa.

The Department can't act unlawfully.

Best regards.

@Alan Collett Much appreciate the speedy response. That's what I thought as well. 

[Parento]

Hi everybody 

We have been following this forum for quite sometime. I enjoy reading to update myself in particular on parent visa 143.

We have applied for  the parent visa 143 in January 2016 and have gone to the various procedures and processes of the application. 

We are in the final stage of waiting for the visa to be granted but in view of the COVID-19 pandemic in Australia we have yet to receive any news from the Authorities .

Thank you.

[NatS259]

21 hours ago, Parento said:

Hi everybody 

We have been following this forum for quite sometime. I enjoy reading to update myself in particular on parent visa 143.

We have applied for  the parent visa 143 in January 2016 and have gone to the various procedures and processes of the application. 

We are in the final stage of waiting for the visa to be granted but in view of the COVID-19 pandemic in Australia we have yet to receive any news from the Authorities .

Thank you.

Hopefully it’s not too far away. I’m on the same position for my mums visa! 
 

Good luck! 

[Parento]

Thanks for the response, we too hope that you will get the visa soon and best of luck to you.

[MELBNGSM]

On 18/07/2020 at 16:18, NatS259 said:

Hopefully it’s not too far away. I’m on the same position for my mums visa! 
 

Good luck! 

Hi Nat & Others.
Has anyone here got parents on-shore in Australia and are waiting for the 143 approval final stage?
My Mom is here and we have also submitted all DOCs and have been waiting for CoVid situation to improve so they progress my parents application, but on 29 Aug 2020 she will complete 1year in Australia and needs to leave the country before that date/unless I apply another visa (not sure). Currently she has 600 Tourist Visa which allows her to stay in Australia 1 year on every visit which expires next year in June.
Does anyone have some idea how to go about getting her to stay here in Australia as it isnt safe to travel anywhere at the moment?
Thanks!

Edited July 19, 2020 by MELBNGSM

[cfernandes]

1 hour ago, MELBNGSM said:

Hi Nat & Others.
Has anyone here got parents on-shore in Australia and are waiting for the 143 approval final stage?
My Mom is here and we have also submitted all DOCs and have been waiting for CoVid situation to improve so they progress my parents application, but on 29 Aug 2020 she will complete 1year in Australia and needs to leave the country before that date/unless I apply another visa (not sure). Currently she has 600 Tourist Visa which allows her to stay in Australia 1 year on every visit which expires next year in June.
Does anyone have some idea how to go about getting her to stay here in Australia as it isnt safe to travel anywhere at the moment?
Thanks!

@MELBNGSM My in-laws are here in AUS at the moment. However, we are still at the AOS & medicals stage. In their case the visa has an 8558 condition. They don't have an 8503 condition where a waiver needs to be requested. Although their one year expires in October, their visa as per VEVO is valid until March'2021. They will stay here until then. We don't need to do anything at this stage as no waiver is required for the 8558 condition. 

Once the borders open up, they will perhaps start asking for the second VAC. Then they can perhaps leave AUS and come back. Hopefully it will be safer then.

 

[MELBNGSM]

6 minutes ago, cfernandes said:

@MELBNGSM My in-laws are here in AUS at the moment. However, we are still at the AOS & medicals stage. In their case the visa has an 8558 condition. They don't have an 8503 condition where a waiver needs to be requested. Although their one year expires in October, their visa as per VEVO is valid until March'2021. They will stay here until then. We don't need to do anything at this stage as no waiver is required for the 8558 condition. 

Once the borders open up, they will perhaps start asking for the second VAC. Then they can perhaps leave AUS and come back. Hopefully it will be safer then.

 

Thanks @cfernandes 
I am no Visa expoert but from what I read from your comment. 8558 condition (12 months stay in 18 months). This is a condition in visa and the visa holder needs to comply unless they have applied for another visa which lets them stay longer otherwise the visa holder has overstayed. 

Now since your in-laws dont have an 8503, it means they can apply for a new visa without waiver of the 8503. 

I am going to apply for a BVA before my Mom's 12 month period is up, because she holds substantive visa 600 and has applied for a substantive visa 143
The only contitions my mom has on her visa are 8101 (no work), 8201 (max 3 months study)

I hope this helps! Cheers.

[Alan Collett]

3 minutes ago, MELBNGSM said:

Thanks @cfernandes 
I am no Visa expoert but from what I read from your comment. 8558 condition (12 months stay in 18 months). This is a condition in visa and the visa holder needs to comply unless they have applied for another visa which lets them stay longer otherwise the visa holder has overstayed. 

Now since your in-laws dont have an 8503, it means they can apply for a new visa without waiver of the 8503. 

I am going to apply for a BVA before my Mom's 12 month period is up, because she holds substantive visa 600 and has applied for a substantive visa 143
The only contitions my mom has on her visa are 8101 (no work), 8201 (max 3 months study)

I hope this helps! Cheers.

On what basis do you think your mother will be granted a BVA?

Best regards.

[Alan Collett]

22 minutes ago, cfernandes said:

@MELBNGSM My in-laws are here in AUS at the moment. However, we are still at the AOS & medicals stage. In their case the visa has an 8558 condition. They don't have an 8503 condition where a waiver needs to be requested. Although their one year expires in October, their visa as per VEVO is valid until March'2021. They will stay here until then. We don't need to do anything at this stage as no waiver is required for the 8558 condition. 

Once the borders open up, they will perhaps start asking for the second VAC. Then they can perhaps leave AUS and come back. Hopefully it will be safer then.

 

I would be planning on the basis your parents do not breach condition 8558.

I anticipate this may well necessitate lodging an application for another visitor visa.

Best regards.

[cfernandes]

3 minutes ago, Alan Collett said:

I would be planning on the basis your parents do not breach condition 8558.

I anticipate this may well necessitate lodging an application for another visitor visa.

Best regards.

@Alan CollettWe do plan to apply to apply for a new visa closer to March 2021 if required. At the moment we are hoping that the borders will open until then and they don't have to do another round of temp visas. They can simply exit prior to March 2021 and return as Permanent Residents. 

[MELBNGSM]

7 minutes ago, Alan Collett said:

I would be planning on the basis your parents do not breach condition 8558.

I anticipate this may well necessitate lodging an application for another visitor visa.

Best regards.

Hi @Alan Collett
Thanks for your response. 

My Mom does not have visa condition 8558 on her Visa. 
Length of stay as mention per the visa is: Length of stay 12 month(s) from the date of each arrival

BVA should be granted to my Mom because she is awaiting result of 143 Visa and also holds a valid 600. 
First I thought to apply for another 600 Visa but then she is already on-shore and does not have 8558 or 8503.

 

Edited July 20, 2020 by MELBNGSM

[MELBNGSM]

11 minutes ago, cfernandes said:

@Alan CollettWe do plan to apply to apply for a new visa closer to March 2021 if required. At the moment we are hoping that the borders will open until then and they don't have to do another round of temp visas. They can simply exit prior to March 2021 and return as Permanent Residents. 

@cfernandes If one year expires they will have overstayed as per 8558 if they dont leave Australia or apply for another visa. 
Again - this is my understanding and I am just reading inbetween the lines. No visa expert.

Edited July 20, 2020 by MELBNGSM

[Alan Collett]

6 minutes ago, MELBNGSM said:

Hi @Alan Collett
Thanks for your response. 

My Mom does not have visa condition 8558 on her Visa. 
Length of stay as mention per the visa is: Length of stay 12 month(s) from the date of each arrival

BVA should be granted to my Mom because she is awaiting result of 143 Visa and also holds a valid 600. 
First I thought to apply for another 600 Visa but then she is already on-shore and does not have 8558 or 8503.

 

I wasn't referring to you in the context of condition 8558.

As a rule a 143 visa can only be granted onshore to a 173 visa holder - unless your mother has what is called a substituted subclass 600 visa.

Unless I'm missing something in your mother's situation I'm not seeing a basis for a BVA to be granted to her.

Best regards.

[MELBNGSM]

8 minutes ago, Alan Collett said:

I wasn't referring to you in the context of condition 8558.

As a rule a 143 visa can only be granted onshore to a 173 visa holder - unless your mother has what is called a substituted subclass 600 visa.

Unless I'm missing something in your mother's situation I'm not seeing a basis for a BVA to be granted to her.

Best regards.

Thanks @Alan Collett 
Yes I am aware she needs to leave to get her 143.

I think I am going to take a punt and apply for a BVA, using it as a futher stay application. 
Will update you on the results.

Edited July 20, 2020 by MELBNGSM

[cfernandes]

9 minutes ago, MELBNGSM said:

@cfernandes If one year expires they will have overtayed as per 8558 if they dont leave Australia or apply for another visa. 
Again - this is my understanding and I am just reading inbetween the lines. No visa expert.

@MELBNGSM I belive they are allowed to stay even past the 12 month period upto the visa expiry date with no adverse impact or breach of visa conditions. This I think will be most relevant in the current scenario where they are waiting on the 143 visa outcome and the can't for unforseen reasons travel back home. @Alan Collett would apprecuate anything that you comment if I am on the right track. Thanks! 

[Alan Collett]

24 minutes ago, MELBNGSM said:

Thanks @Alan Collett 
Yes I am aware she needs to leave to get her 143.

I think I am going to take a punt and apply for a BVA, using it as a futher stay application. 
Will update you on the results.

If it is granted I'll be very surprised - so far as I'm aware there is no legal basis for a BVA being granted to your mother.

The BVA application form is attached.

Best regards.

1005(2).pdf

[Alan Collett]

23 minutes ago, cfernandes said:

@MELBNGSM I belive they are allowed to stay even past the 12 month period upto the visa expiry date with no adverse impact or breach of visa conditions. This I think will be most relevant in the current scenario where they are waiting on the 143 visa outcome and the can't for unforseen reasons travel back home. @Alan Collett would apprecuate anything that you comment if I am on the right track. Thanks! 

How can staying longer than 12 months in an 18 month period be anything other than a breach of condition 8558?

=>   Get a new visitor visa before the 12 months period ends.

Best regards.

[cfernandes]

32 minutes ago, Alan Collett said:

How can staying longer than 12 months in an 18 month period be anything other than a breach of condition 8558?

=>   Get a new visitor visa before the 12 months period ends.

Best regards.

@Alan Collett This is what a mate of mine got when he sent in a request for the 8558 waiver. 

 

If you hold a visa with condition 8558 you should depart Australia before the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

If you are unable to depart Australia before this time for reasons beyond your control however, we do not expect you to apply for a further visa unless you are unable to depart before your visa expiry date.

Your ‘No Further Stay’ waiver request will therefore be prioritised according to the visa expiry date, and not the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

Condition 8558 is not able to be waived, however a breach of this condition under these circumstances will not result in visa cancellation or have any negative consequences for a future visa application.

 

[MELBNGSM]

38 minutes ago, Alan Collett said:

If it is granted I'll be very surprised - so far as I'm aware there is no legal basis for a BVA being granted to your mother.

The BVA application form is attached.

Best regards.

1005(2).pdf

Thanks Alan. 
Filled 1005, 956A
Lets see what happens. 

I have filled out the ONLINE 600 (as a backup) already but will send in this one as a paper application. 

Cheers!

[MELBNGSM]

6 minutes ago, cfernandes said:

@Alan Collett This is what a mate of mine got when he sent in a request for the 8558 waiver. 

 

If you hold a visa with condition 8558 you should depart Australia before the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

If you are unable to depart Australia before this time for reasons beyond your control however, we do not expect you to apply for a further visa unless you are unable to depart before your visa expiry date.

Your ‘No Further Stay’ waiver request will therefore be prioritised according to the visa expiry date, and not the date on which you will have stayed in Australia for more than 12 months in any 18 month period.

Condition 8558 is not able to be waived, however a breach of this condition under these circumstances will not result in visa cancellation or have any negative consequences for a future visa application.

 

@cfernandes This a great.
But it might be good if you have your own reply from the department so you can use it as an evidence later for your own circumstances.

[cfernandes]

1 minute ago, MELBNGSM said:

@cfernandes This a great.
But it might be good if you have your own reply from the department so you can use it as an evidence later for your own circumstances.

@MELBNGSM Makes complete sense. I will send in one in the month of Sep'2020. A month prior to the 12 months getting over.