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Loulabell

advice needed! 143 parent visa and cancer diagnosis

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Hi everyone, 

I’ll try and keep a long story short here. But it roughly goes.

Visa Application in uk/ moved to Australia 7 months ago on tourist visa/ diagnosis of cancer/ likely refusal of visa 

My Parents applied for the contributory parent visa in feb 2015 in the UK, my sister and I, who are their only children,have  both been living in au for 8 years as permanent residents. Mum and dad decided, after the announcement of their 4th grandchild’s arrival, that they would move to be with us from the UK our husbands and the children on a years tourist visa in April 2019 knowing that they would have to go offshore for the result. 3 months after their arrival in Australia my dad was diagnosed with stage 4 prostate cancer and has under gone one radiation treatment round and some hormone therapy here in Australia. 

Yesterday, after a 3 years and 10 months a case officer is assigned. And we have been told by our agent that if his doctor estimates that he will cost the Australian health service more than $49k over the next 5 years he will not be entitled to the grant of the visa. Initial correspondence from the doctors office are indicating that this price tag will be exceeded. Assurance of support, police checks are all sorted but now we are facing a huge problem. 

My parents were initially told 24 months processing time, it has been nearly 4 years I guess I’m just after some desperate advice and to see if anyone else has gone through the same or similar situation. Or to contact  anyone that can give us some information on this particular situation 

It seems so unjust that my dad, who is only 64 years young my be refused this visa. my sister and I our partners and our children love my mum and dad dearly,they have sold their house in the uk and shipped everything to Australia. I’m just at a loss.....

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4 minutes ago, Loulabell said:

Hi everyone, 

I’ll try and keep a long story short here. But it roughly goes.

Visa Application in uk/ moved to Australia 7 months ago on tourist visa/ diagnosis of cancer/ likely refusal of visa 

My Parents applied for the contributory parent visa in feb 2015 in the UK, my sister and I, who are their only children,have  both been living in au for 8 years as permanent residents. Mum and dad decided, after the announcement of their 4th grandchild’s arrival, that they would move to be with us from the UK our husbands and the children on a years tourist visa in April 2019 knowing that they would have to go offshore for the result. 3 months after their arrival in Australia my dad was diagnosed with stage 4 prostate cancer and has under gone one radiation treatment round and some hormone therapy here in Australia. 

Yesterday, after a 3 years and 10 months a case officer is assigned. And we have been told by our agent that if his doctor estimates that he will cost the Australian health service more than $49k over the next 5 years he will not be entitled to the grant of the visa. Initial correspondence from the doctors office are indicating that this price tag will be exceeded. Assurance of support, police checks are all sorted but now we are facing a huge problem. 

My parents were initially told 24 months processing time, it has been nearly 4 years I guess I’m just after some desperate advice and to see if anyone else has gone through the same or similar situation. Or to contact  anyone that can give us some information on this particular situation 

It seems so unjust that my dad, who is only 64 years young my be refused this visa. my sister and I our partners and our children love my mum and dad dearly,they have sold their house in the uk and shipped everything to Australia. I’m just at a loss.....

I hope it all works out for your parents and your family but there are numerous instances of non-residents having to return to their country of origin due to health problems.  Here is an example of one such instance.  In this case a 93 year old great grandmother.  🙁   Fingers crossed for your parents.

https://www.sbs.com.au/news/family-s-fury-after-great-grandmother-given-just-28-days-to-leave-after-11-years-in-australia

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So sorry to hear about your dad's condition but it's one of the things we warn people about when they decide to do the onshore route, there is always a chance (increasingly as you get older) that one or other will fail the medical and have to return. I agree, on an individual level it sucks but as a general rule there have to be regulations and that's one of them and is widely known before people apply. I guess your best hope is that they won't estimate beyond the threshold but if they do then  you have to strategise how  to support them when they go home and whether you guys do too or not.

The best advice comes from agents who discursive in medical conditions - George Lombard or Peter Bollard are the two usually recommended in this regard.

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Sorry to hear this. It’s not your doctor’s estimate of the costs that matter, rather the Department’s doctor’s estimate. As you have an agent, they should be able to help, but as mentioned, if they are not well versed in complex medical situations, they can reach out to colleagues who specialise. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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1 hour ago, Toots said:

I hope it all works out for your parents and your family but there are numerous instances of non-residents having to return to their country of origin due to health problems.  Here is an example of one such instance.  In this case a 93 year old great grandmother.  🙁   Fingers crossed for your parents.

https://www.sbs.com.au/news/family-s-fury-after-great-grandmother-given-just-28-days-to-leave-after-11-years-in-australia

The son in-law was informed by the department of immigration that Mrs Manley would not be deported, but she sadly died not many days later.

Its very difficult not to sympathise with individual cases that are posted in the news, but at the same time if there are health immigration conditions attached to a visa application then applicants must be aware that they might not be eligible. In Mrs Manleys case she was 82 when she came and was on a bridging visa for 11 years, there was a high chance she might sadly fail the medical, at her age, but as stated she was not going to be deported but this wasn’t widely published

Edited by ramot
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19 minutes ago, Marcus.Skoll said:

Did your father consider maybe  not to disclose his illness when he goes for medical assessment?

That is a seriously bad idea.

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19 minutes ago, Marcus.Skoll said:

Did your father consider maybe  not to disclose his illness when he goes for medical assessment?

Are you serious??? Suggesting lying about your health or anything else for that matter would have serious consequences.

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1 hour ago, ramot said:

Are you serious??? Suggesting lying about your health or anything else for that matter would have serious consequences.

 

1 hour ago, Marcus.Skoll said:

Cancer and the prospect of going back to UK sick and lonely, with no home - are serious consequences.

 

1 hour ago, Marcus.Skoll said:

Cancer and the prospect of going back to UK sick and lonely, with no home - are serious consequences.

Kicked out of the country in possibly 28 days for lying  is pretty serious, with probably a ban on returning. I feel for the posters father,, and hope the cost of treatment will meet the criteria, but all of us on the parent visa route have to pass the medical to get the visa.

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1 hour ago, Marcus.Skoll said:

Cancer and the prospect of going back to UK sick and lonely, with no home - are serious consequences.

If he gets found out, he could be banned from returning even on a tourist visa, which would be an even worse outcome. 


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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2 hours ago, Marcus.Skoll said:

Did your father consider maybe  not to disclose his illness when he goes for medical assessment?

I know you are a newbie but, honestly, that has to be the worst advice ever given. The outcome of following that advice would be far worse than returning home because, as others have said, it could lead to an effectively permanent exclusion. 

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Had you applied onshore there are would have been visa strategies available, whatever the medical outcome. There might still be.  If you have not already done so, may I suggest that you consult a registered migration agent?


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Hi Loulabell. My heart goes out to you. I'm in a similar situation - my mum passed away last year and I'm trying to get my dad over to Australia permanently.  Unfortunately he has significant health issues and I'm  not sure he will pass the medical tests. If he comes out he will sell his house in UK, so if his doesn't get PR then he has nowhere to go, and no family in the UK. 

I'm  also at a loss as to how to progress. The best case scenario is that he comes on a tourist visa, the applies for onshore  aged parent visa, and goes on a bridging visa. This would buy him time with his family/ grandkids until the medical exam and final decision (currently wait is approx 3 yrs I think) and then we'll  have to cross that bridge when we come to it. Have you made any progress? Which migration agent have you gone with? 

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Loulabell, I was also wondering,  as your dad was on a tourist visa, and presumably using Medicare under the reciprocal agreement, was his radiotherapy covered by Medicare, or was there an out of pocket cost? 

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Posted (edited)
36 minutes ago, Moz2020 said:

... I'm trying to get my dad over to Australia permanently.  Unfortunately he has significant health issues and I'm  not sure he will pass the medical tests. If he comes out he will sell his house in UK, so if his doesn't get PR then he has nowhere to go, and no family in the UK. 

I'm  also at a loss as to how to progress. The best case scenario is that he comes on a tourist visa, the applies for onshore  aged parent visa, and goes on a bridging visa. This would buy him time with his family/ grandkids until the medical exam and final decision (currently wait is approx 3 yrs I think) and then we'll  have to cross that bridge when we come to it. 

The first step is to consult a migration agent who specialises in cases with medical issues.   The one most often recommended is George Lombard.

http://austimmigration.com.au/

He's had a lot of experience and is the person best qualified to give you an idea of your father's chances of success.

There are several different parent visas.   For the contributory visa, which is the most expensive, the waiting time is currently 5 or 6 years.  I think it would be very foolish for him to come to Australia and apply for that visa.  If he already has problems, they'll only be worse in 6 years, and  when he fails the medical he may be deported.  There is a medical visa which he could possibly get, but to rely on that still being available in 6 years is a huge gamble. Just look at how visa conditions have been made stricter and stricter over the years - 6 years is a long time!   He could find himself back in the UK with no access to the NHS (as he is no longer legally resident).

One possibility is the cheapest option, the non-contributory visa.  The waiting time for that is 30 years, so he will never get to the point where he has to take the medical.  He'll just stay on a bridging visa until he dies.   Assuming he's a British resident and is living in the UK immediately before he moves to Australia, he will be eligible for Medicare but not for any other benefits, like pension, aged care home, etc.  So although no one likes to think about it, you do have to consider the implications for how you'd cope looking after him at the end of life. 

There are downsides to the bridging visa - for instance, he'll need special permission if he wants to buy a home, and he'll pay about three times the usual stamp duty.  As his British pension will be frozen at the rate it is now, the inability to claim benefits could be a problem so you need to consider that.  As mentioned, once he ceases to be a legal resident of the UK, he loses all access to the NHS or to government benefits there, and he can't regain access until he re-establishes legal residency - so it's not as simple as hopping on a plane home if it's not working out.

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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34 minutes ago, Moz2020 said:

Loulabell, I was also wondering,  as your dad was on a tourist visa, and presumably using Medicare under the reciprocal agreement, was his radiotherapy covered by Medicare, or was there an out of pocket cost? 

The rule with Medicare is that a British resident (not citizen) is entitled to essential treatment while he's in Australia.   If the treatment can wait until he gets back to his home country, then it can't be done under Medicare. 


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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Hi everyone, thanks for taking the time to reply,much appreciated.

 Just to clarify, he has a case officer and is progressing with the medical this week, which he will not pass for the offshore 143 contributory parent visa. He is currently in Australia with us, treatment  covered by reciprocal health( Medicare) on a years tourist visa. However this tourist visa is due to expire in 12 weeks time and there will be no bridging visa available as it is an offshore application ( when they applied from the uk in feb 2015 the wait time was 24months, now much longer) . He has had a migration agent  since the 2015 application was made. This agent is not a specialist medical cases lawyer however she is seeking advice from her colleagues now. Will keep you informed of any progress. Keeping my  fingers tightly crossed 

 

 

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If the agent is a registered migration agent, tell her to contact me (by email, I rarely answer the phone) and I shall advise her pro bono in writing about possible options.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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On 06/01/2020 at 14:11, Marisawright said:

The first step is to consult a migration agent who specialises in cases with medical issues.   The one most often recommended is George Lombard.

http://austimmigration.com.au/

He's had a lot of experience and is the person best qualified to give you an idea of your father's chances of success.

<snip>

One possibility is the cheapest option, the non-contributory visa.  The waiting time for that is 30 years, so he will never get to the point where he has to take the medical.  He'll just stay on a bridging visa until he dies.   

 

<snip>

 

 

 

Not correct I'm afraid.

With the subclass 804 Aged Parent visa an initial assessment of health and character is undertaken 24 to 36 months after the visa application is lodged, prior to the issuing of what is called a queue date.

Best regards.

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Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com and acollett@bdhtax.com

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Quick question;

hypothetically would this plan work? 

if my parents withdrew from their offshore contributory parent visa subclass 143 immediately ( they are currently onshore and  have 11 weeks  remaining in there e600 ) and then applied again for the exact same visa but this time onshore, would they be eligible for a bridging visa c whilst the new onshore 143 was in the queue for processing ? 

Thank you wrussell and Alan for your previous comments 

 

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@Loulabell, as this is such an important event in your life, you really should be prepared to hire wrussell or Alan to sort this out for you.    Solving problems like this is how they make their living, it's unreasonable to expect them to do it all for nothing.

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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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