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Ollie1234

Waiting for 143 (offshore) in Australia

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Crazy question. If you apply for 143 offshore, are there any visas (aside from the 3 months tourist and the 6 months 600 visa) that you are eligible to apply for to wait it out in Australia? ie is it possible to live in Australia on another visa whilst waiting for the 143 to be granted. I understand you would need to fly out and come back when the 143 is finally granted. 

Edited by Ollie1234

Applied for parents 143 Contrib Offshore: May 2020 (Prior to realising that the queue is not the 4.5 years stated on the gov website!)

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Not a crazy question at all.    There is no visa which would allow you to come and live permanently.  There are temporary parent visas.  


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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53 minutes ago, Ollie1234 said:

Crazy question. If you apply for 143 offshore, are there any visas (aside from the 3 months tourist and the 6 months 600 visa) that you are eligible to apply for to wait it out in Australia? ie is it possible to live in Australia on another visa whilst waiting for the 143 to be granted. I understand you would need to fly out and come back when the 143 is finally granted. 

Could you apply for the 864 onshore parent visa, I think you are in Australia ?

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1 hour ago, ramot said:

Could you apply for the 864 onshore parent visa, I think you are in Australia ?

It's actually my parents, they are in the UK and recently applied for 143, which has been a total waste of time/money by the looks of it.

 


Applied for parents 143 Contrib Offshore: May 2020 (Prior to realising that the queue is not the 4.5 years stated on the gov website!)

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5 hours ago, Ollie1234 said:

Crazy question. If you apply for 143 offshore, are there any visas (aside from the 3 months tourist and the 6 months 600 visa) that you are eligible to apply for to wait it out in Australia? ie is it possible to live in Australia on another visa whilst waiting for the 143 to be granted. I understand you would need to fly out and come back when the 143 is finally granted. 

You can buy a 3 or 5 year 870 visa. Cost $5000 per person for 3 years and $10000 per person for 5 years. Can be renewed but have to leave Australia for 3 months before renewal and can only have a maximum of 10 years and need private health insurance. Sponsor is liable to pay back any Medicare treatment given it appears. 
 

You can also apply for a 3 year 600 visa but would likely have a condition on saying only allowed 12 months stay in any 18 months so would have to be out of Australia for months at a time.

They’re not keen on continually renewing 600 visas either. 

 No other way of waiting it out onshore on 143 applications. 

Edited by LindaH27

143 lodged 21 June 2017

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42 minutes ago, LindaH27 said:

You can buy a 3 or 5 year 870 visa. Cost $5000 per person for 3 years and $10000 per person for 5 years. Can be renewed but have to leave Australia for 3 months before renewal and can only have a maximum of 10 years and need private health insurance. Sponsor is liable to pay back any Medicare treatment given it appears. 
 

You can also apply for a 3 year 600 visa but would likely have a condition on saying only allowed 12 months stay in any 18 months so would have to be out of Australia for months at a time.

They’re not keen on continually renewing 600 visas either. 

 No other way of waiting it out onshore on 143 applications. 

Thanks @LindaH27 I guess only other option is to start again and apply for the 143 onshore. 


Applied for parents 143 Contrib Offshore: May 2020 (Prior to realising that the queue is not the 4.5 years stated on the gov website!)

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2 minutes ago, Ollie1234 said:

Thanks @LindaH27 I guess only other option is to start again and apply for the 143 onshore. 

Pretty sure it’s not that easy. They could still get the temporary visas mentioned above but I’m sure they won’t be able to just stay for the next 10 years while waiting.

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17 minutes ago, Ollie1234 said:

Thanks @LindaH27 I guess only other option is to start again and apply for the 143 onshore. 

Would  have to be 864 - you would have to cancel the 143 and start again with 864. A couple of years or so down the line they would  have to have Medicals. If they pass they’re put in a queue to wait. If not they’re deported unless they can find another visa. Don’t forget starting again also means that because it’s after  1 July 2018 there’s an added wait just to be assessed and given a queue date.  It still the same queue as 143 though so it’s no quicker and may even take longer given the new queuing process 
 

it’s likely on present numbers to be around 12 years or more before  they would get PR.As temporary residents  they wouldn’t  get full Medicare so any future-medical or aged care costs are likely to have to be paid for  by the sponsor. 
Also there’s been a lot of talk about too many people on bridging visas so these visas could possibly be looked at more carefully in future 

 

Edited by LindaH27

143 lodged 21 June 2017

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14 minutes ago, Ollie1234 said:

Thanks @LindaH27 I guess only other option is to start again and apply for the 143 onshore. 

It's an 864 if they apply onshore, but yes they could.  Of course, they can't get onshore to apply until the borders open.   I saw Greg Hunt on TV the other day, saying the signs were good that they might open as soon as September 2021, if the vaccines go well.  

You then need to consider the downsides of living on a bridging visa in Australia, which I think have already been explained to you (no benefits, no aged care, hefty fees when buying property, need to get permission every time they want to leave the country).  Plus you need to consider whether they could pass the medical once they reach the processing stage in ten years or so, otherwise they need to go back to the UK and start their lives from scratch.    Also, of course, the British pension is frozen from the day they arrive, but on a bridging visa, there's no access to the Australian pension to compensate. 

There is one other option, of course - you could go back to the UK.  

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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I think they also need to be over 65 (possibly 67) to apply for the one onshore, not sure if that’s an issue for your parents.   It’s a shame for them and the other several thousands waiting but there’s no magical answer.   With the very long queues now I think many will have to accept they either chose to live in a different country to their parents and see little of them or they return and live near them. 

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1 hour ago, Marisawright said:

It's an 864 if they apply onshore, but yes they could.  Of course, they can't get onshore to apply until the borders open.   I saw Greg Hunt on TV the other day, saying the signs were good that they might open as soon as September 2021, if the vaccines go well.  

You then need to consider the downsides of living on a bridging visa in Australia, which I think have already been explained to you (no benefits, no aged care, hefty fees when buying property, need to get permission every time they want to leave the country).  Plus you need to consider whether they could pass the medical once they reach the processing stage in ten years or so, otherwise they need to go back to the UK and start their lives from scratch.    Also, of course, the British pension is frozen from the day they arrive, but on a bridging visa, there's no access to the Australian pension to compensate. 

There is one other option, of course - you could go back to the UK.  

Marisa I think you have to live in Australia for 10 years to be eligible for the Australian pension, which is also dependent on income. I haven’t really looked into the Australian pension, at a glance it says living in Australia for 10 years, but doesn’t mention PR or being a citizen for 10 years.Interesting question, answer probably in the small print.

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17 minutes ago, ramot said:

Marisa I think you have to live in Australia for 10 years to be eligible for the Australian pension, which is also dependent on income. I haven’t really looked into the Australian pension, at a glance it says living in Australia for 10 years, but doesn’t mention PR or being a citizen for 10 years.Interesting question, answer probably in the small print.

I believe that as part of 143 and AOS you are not eligible to claim benefits for 10 years after grant of visa - assume it’s the same for 864 visa 


143 lodged 21 June 2017

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1 hour ago, ramot said:

Marisa I think you have to live in Australia for 10 years to be eligible for the Australian pension, which is also dependent on income. I haven’t really looked into the Australian pension, at a glance it says living in Australia for 10 years, but doesn’t mention PR or being a citizen for 10 years.Interesting question, answer probably in the small print.

You are right, my point was simply that once you get PR you have to wait 10 years but then, at least, you can get something.  On a bridging visa you get nothing and you still have to wait another 10 years once you've got the PR visa.


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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40 minutes ago, LindaH27 said:

I believe that as part of 143 and AOS you are not eligible to claim benefits for 10 years after grant of visa - assume it’s the same for 864 visa 

You are right, but we didn’t need to pay AOS or have a sponsor on the 143 pathway, The point is apparently no one can claim the Australian pension unless you have lived in Australia for 10 years, and you have to be resident and in Australia to to be eligible to claim. My query is that I wonder as I have lived here for 17+ years, irrespective of the money side, does that count or do you have to be PR or a citizen for 10 years to be eligible?
 

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19 minutes ago, ramot said:

You are right, but we didn’t need to pay AOS or have a sponsor on the 143 pathway, The point is apparently no one can claim the Australian pension unless you have lived in Australia for 10 years, and you have to be resident and in Australia to to be eligible to claim. My query is that I wonder as I have lived here for 17+ years, irrespective of the money side, does that count or do you have to be PR or a citizen for 10 years to be eligible?
 

https://www.servicesaustralia.gov.au/individuals/services/centrelink/age-pension/who-can-get-it/residence-rules/residence-descriptions

 

this seems to imply you have to have PR or be a citizen to qualify for Australian residence in order to claim any benefits but an agent may be able to comment from a more  knowledgable prospective.
also it’s not like UK state pension (which is solely contribution based) but more  based on means testing - income and also assets. .   


143 lodged 21 June 2017

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14 minutes ago, LindaH27 said:

https://www.servicesaustralia.gov.au/individuals/services/centrelink/age-pension/who-can-get-it/residence-rules/residence-descriptions

 

this seems to imply you have to have PR or be a citizen to qualify for Australian residence in order to claim any benefits but an agent may be able to comment from a more  knowledgable prospective.
also it’s not like UK state pension (which is solely contribution based) but more  based on means testing - income and also assets. .   

Only 81/2 years to go!!! I’m not really fussed, i do know the conditions for the pension. it was only the initial wording ‘resident’ not specifying Permanent Resident, till further on, that I was only being half serious about, as I have been a legal resident in Australia, just not PR, 

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On 17/11/2020 at 20:40, Tulip1 said:

I think they also need to be over 65 (possibly 67) to apply for the one onshore, not sure if that’s an issue for your parents.   It’s a shame for them and the other several thousands waiting but there’s no magical answer.   With the very long queues now I think many will have to accept they either chose to live in a different country to their parents and see little of them or they return and live near them. 

Only one parent needs to meet the aged requirement.

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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