Last Remaining Relative 835

[Kpnuts]

My daughter submitted her application 18 months ago and has been issued with a Bridging Visa. In the past couple of weeks, she has been contacted by IMMI to provide further information relating to police checks, family sponsor and character assessment etc. She has now been asked to attend for a medical. 

Is this information simply for her to be put on the queue or is she nearing finalisation? It seems a bit early to me but not sure if Covid has influenced the speed of visa issue?

[LindaH27]

Just to be put in the queue. If she fails medical she would probably have to leave. Covid-19 has actually lengthened the wait times

Last remaining relative will take many many  years

[Marisawright]

Definitely just to be put in the queue.  The waiting time for LRR is something like 30 years.

[Kpnuts]

Yes, we acknowledge the long wait period but it’s the only way forward at present. IMMI are processing visas queued in 2011 so a 9 year wait at present. She has just been given the option of a Temp Work visa leading to PR in 5 years but comes with its own risk of job stability. 

[Marisawright]

28 minutes ago, Kpnuts said:

Yes, we acknowledge the long wait period but it’s the only way forward at present. IMMI are processing visas queued in 2011 so a 9 year wait at present. She has just been given the option of a Temp Work visa leading to PR in 5 years but comes with its own risk of job stability. 

Don't assume anything based on what year is being processed now.  Just look at the parent visas as an example.   Currently they are processing visas from early 2016, so you might think there's a 4 year wait.  However, there have been massive spikes in applications since then.  So anyone who applied in 2018 will be waiting at least 6 years.  Someone who applied this year could be waiting 8 years.  An agent like @paulhand may have some idea of the likely wait time for the Remaining Relative visa, based on his clients' experiences.

A temporary work visa never "leads to" permanent residency - it's far from certain.  After the qualifying period, she MAY have an opportunity to apply for permanent residency, IF the employer is still in business and IF they are still willing to sponsor her and IF the occupation is still on the list.  And even then, there's a high refusal rate.  In her shoes and in the current financial climate, I wouldn't be risking it. 

Anyway, I'm a bit confused - to be eligible for a temporary work visa, her occupation must be on the skilled list.  So why doesn't she apply for permanent residency now?

Edited July 9, 2020 by Marisawright

[Kpnuts]

5 hours ago, Marisawright said:

Don't assume anything based on what year is being processed now.  Just look at the parent visas as an example.   Currently they are processing visas from early 2016, so you might think there's a 4 year wait.  However, there have been massive spikes in applications since then.  So anyone who applied in 2018 will be waiting at least 6 years.  Someone who applied this year could be waiting 8 years.  An agent like @paulhand may have some idea of the likely wait time for the Remaining Relative visa, based on his clients' experiences.

A temporary work visa never "leads to" permanent residency - it's far from certain.  After the qualifying period, she MAY have an opportunity to apply for permanent residency, IF the employer is still in business and IF they are still willing to sponsor her and IF the occupation is still on the list.  And even then, there's a high refusal rate.  In her shoes and in the current financial climate, I wouldn't be risking it. 

Anyway, I'm a bit confused - to be eligible for a temporary work visa, her occupation must be on the skilled list.  So why doesn't she apply for permanent residency now?

She works on the mines and has only just been told that they would offer her a Temp visa.  I just don’t want her to go down the road of waiting 4 years before qualifying for PR. She’s a young girl and am sure her circs will change in the duration of the LRR. At least she will keep some flexibility should things go wrong. Her only downside is that she is unable to get a mortgage.

[Marisawright]

3 hours ago, Kpnuts said:

She works on the mines and has only just been told that they would offer her a Temp visa.  I just don’t want her to go down the road of waiting 4 years before qualifying for PR. 

I think you're very wise.  The temp visa to permanent visa pathway is very uncertain even now, and will likely be far worse in 4 years' time. Unfortunately, employers often make it sound attractive because they want you to take the job!  

Has she ever consulted a migration agent about her options?  All the good ones will offer an initial consultation free of charge.  I think it would be wise, as you have to be very careful applying for other visas while you're on a bridging visa.  Try Suncoast Migration or Go Matilda - she's got nothing to lose.

One thing to look into - if she's got the qualifications and experience to be eligible for the temp visa, then she may already be eligible for a permanent skilled visa.  Worth investigating.

[ali]

5 hours ago, Kpnuts said:

She works on the mines and has only just been told that they would offer her a Temp visa.  I just don’t want her to go down the road of waiting 4 years before qualifying for PR. She’s a young girl and am sure her circs will change in the duration of the LRR. At least she will keep some flexibility should things go wrong. Her only downside is that she is unable to get a mortgage.

If it's a last remaining relative visa, do they still have to meet the criteria at time of grant - just thinking if she had a partner/child in the waiting period if  that would put a spanner in the works? (genuine query - it just came to me reading your post)

 

[Kpnuts]

2 hours ago, ali said:

If it's a last remaining relative visa, do they still have to meet the criteria at time of grant - just thinking if she had a partner/child in the waiting period if  that would put a spanner in the works? (genuine query - it just came to me reading your post)

 

I guess you are correct. I think that once she is on the queue she will have to notify any change of personal / health circumstance. I also suspect that at the time of finalisation she will have to go through more rigour. Mind you, by then she will be in her seventies and I will be pushing up daisies . If she does meet someone along the way then she will simply change sub class. She has already been in Aus for 6 years and paid her taxes etc, it is just a shame the Aus family values are not as sincere as they make out. 

[paulhand]

2 hours ago, ali said:

If it's a last remaining relative visa, do they still have to meet the criteria at time of grant - just thinking if she had a partner/child in the waiting period if  that would put a spanner in the works? (genuine query - it just came to me reading your post)

 

Yes, they do need a relative (but they can apply to change sponsor if there is another available)

[Marisawright]

8 hours ago, Kpnuts said:

 it is just a shame the Aus family values are not as sincere as they make out. 

That's not a fair statement. Just take a look around the world and see the attitudes of other countries.   If you were an Australian wanting to bring your daughter into the UK, you would have no chance at all.   

 

[Kpnuts]

15 hours ago, Marisawright said:

That's not a fair statement. Just take a look around the world and see the attitudes of other countries.   If you were an Australian wanting to bring your daughter into the UK, you would have no chance at all.   

 

My daughter has been in Aus since 2014 and gone through various visas. A hard working girl that that has paid her taxes, stamp duties etc. She wants to move forward but can’t. I withdraw my comment as I don’t want to politicise my post question. We are lucky to be in a great country but don’t want to split the family. Options are few.

[LindaH27]

Check with an agent. Bridging  visas sometimes have work limitations/restrictions  on them. I heard of one lady with remaining relative visa application being given a no work restriction on her bridging visa. She applied to have it removed and her request was denied. 
 

Which visas has she had in last 6 years - did none of them give a way to applying for PR in her own right? 
 

similar discussion here

 

Edited July 10, 2020 by LindaH27

[Marisawright]

11 hours ago, Kpnuts said:

My daughter has been in Aus since 2014 and gone through various visas. A hard working girl that that has paid her taxes, stamp duties etc. She wants to move forward but can’t. I withdraw my comment as I don’t want to politicise my post question. We are lucky to be in a great country but don’t want to split the family. Options are few.

I know, but it's not fair to blame Australia for your situation.  All countries have a right to restrict entry and many are much stricter than Australia. It's always tough when a family gets split but the fact is that somewhere along the way, one member of that famliy made the decision to create that split. Even when I migrated 35 years ago, I knew there was little chance that any members of my family would be able to join me,  so no one can claim ignorance.

Edited July 11, 2020 by Marisawright

[Toots]

57 minutes ago, Marisawright said:

I know, but it's not fair to blame Australia for your situation.  All countries have a right to restrict entry and many are much stricter than Australia. It's always tough when a family gets split but the fact is that somewhere along the way, one member of that famliy made the decision to create that split. Even when I migrated 35 years ago, I knew there was little chance that any members of my family would be able to join me,  so no one can claim ignorance.

From the Migration Policy Institute: 

Backlogs and long waiting times are common and in some cases may make family reunification nearly impossible.  In Australia and the USA for example, delays in family reunification reflect a high level of demand that has far outstripped the supply of numerically limited visas year after year.  For certain categories these delays can amount to years or even decades.  Canada and New Zealand similar.

 

[Kpnuts]

15 hours ago, LindaH27 said:

Check with an agent. Bridging  visas sometimes have work limitations/restrictions  on them. I heard of one lady with remaining relative visa application being given a no work restriction on her bridging visa. She applied to have it removed and her request was denied. 
 

Which visas has she had in last 6 years - did none of them give a way to applying for PR in her own right? 
 

similar discussion here

 

She started with WH visa for two years then onto Student visa for 2 years which led to LRR application. Granted Bridging Visa on same terms as her Student Visa which gives her the right to work full time as she is no longer under a course of study. She has been offered a TSS but looking between the lines I think she is better off where she is. Our family are in Aus as Citizens or PR except for her at the mo.

[LindaH27]

Thank you for the info. The problem with being on a bridging visa is that you are only classed as a temporary resident which obviously doesn’t give the same  benefits. The obvious one that springs to mind is that she wouldn’t be entitled to full Medicare and any marriage or defacto  relationship/children  would probably negate the criteria for LRR and as she’s a young woman she will most likely meet someone.  Recent estimates have said 50 years for LRR as very few of those visas are available. Have you spoken to an agent to determine if there is any other route?  More posts on this 
 

https://www.pomsinoz.com/topic/210635-remaining-relative-visa/?tab=comments#comment-2569197

[Kpnuts]

1 hour ago, LindaH27 said:

Thank you for the info. The problem with being on a bridging visa is that you are only classed as a temporary resident which obviously doesn’t give the same  benefits. The obvious one that springs to mind is that she wouldn’t be entitled to full Medicare and any marriage or defacto  relationship/children  would probably negate the criteria for LRR and as she’s a young woman she will most likely meet someone.  Recent estimates have said 50 years for LRR as very few of those visas are available. Have you spoken to an agent to determine if there is any other route?  More posts on this 
 

https://www.pomsinoz.com/topic/210635-remaining-relative-visa/?tab=comments#comment-2569197

Well, she has all of the benefits and has met no hurdles so far with Medicare. I have studied her options and so far I don’t believe any agent would come up with other solutions. I did take advice from two agents a while ago and the answers they provided were incorrect. Her level of qualification doesn’t hit the skills list and the TSS has certain adverse conditions, notwithstanding the commitment to her working on the mines for several years! She has had two relationships that could have secured a Partner visa but not to be. I give her 100% credit for backing away and not using the system. Hopefully Mr Right will come along where she can change to a Partner stream. I think this is the most likely route otherwise she will be 72 by the time the LRR is granted!!! To be honest, the Government shouldn’t offer such a stream but for her, it is keeping her in Aus for the time being so all good so far.