Parent Visa Question - but Mother has a partner (not married!)

[LondonGuy2013]

Hello All,

I hope everyone is safe and well.

I am a AU citizen and also UK citizen - I have been in Australia 8 years now and just had my first child - it has made my mother who is 72 re-evaluate life in the UK and she often says 'I want to move to Australia to spend more time with her granddaughter' - obviously I understand this is not so straight forward! I also have 1 brother in the UK who is 44 years - ideally he would also like to migrate but I understand this may not be possible and would also impact the Visa that I would apply for my mother although he could just visit for longer periods on temporary visa's if needs be etc.

To complicate things further my mother - has a long term partner of 20 years - they ARE NOT MARRIED, who would also ideally come with her. My mother also has a mild kidney issues.

My question is:

1) Does anyone have experience of their parent migrating with a significant other who was not married? Is this even possible?

2) At the age of 72 what would be the best Visa to attempt at this stage (I have checked through all the different types).

Any help or guidance is much appreciated 

Thanks

[paulhand]

1. Yes it is possible ... but if your mother’s partner has children of their own then you may have issues with the balance of family test. 
 

2. It really depends on circumstances

It seems very unlikely that your brother would be able to qualify for any form of permanent visa.
 

I suggest that you get some professional advice tailored to your specific circumstances to get a proper overview of what may, or may not, be possible. 

[LondonGuy2013]

Thanks Paul.  Yes he has 2 adult daughters he no longer has any connection with but thanks for raising that - I hadn't considered his children may impact the family balance testing!

[Marisawright]

@LondonGuy2013, you've got a battle on your hands. Even supposing your Mum and her partner can pass the "balance of family" test, the waiting time for a Contributory Parent Visa (the fastest option) is 10 years, so she'll be 82 by the time she can move over.

It is possible to arrive on a tourist visa and apply for a parent visa while she's here.   Then she would be allowed to stay until her case comes up, even if that date is ten years away.  The big downside is that in the meantime, she'll be in a kind of limbo - no longer a British resident so no longer eligible for NHS treatment etc, but not a legal resident of Australia either.  Her pension will be frozen from the day she arrives, but she'll get no benefits or support from the Australian government.

If all that sounds harsh, consider that if you were an Australian wanting to bring your parent to the UK, you'd have no options unless they were so frail she was completely unable to look after herself.

[Tulip1]

6 hours ago, LondonGuy2013 said:

Thanks Paul.  Yes he has 2 adult daughters he no longer has any connection with but thanks for raising that - I hadn't considered his children may impact the family balance testing!

Yes they form part of the number of children so it sounds like your mum won’t pass the balance of family test. 

[LondonGuy2013]

Thanks also Marisa and Tulip - doesnt sound harsh really and I understand the reasoning.

Really sounds like I maybe best placed to go for a Subclass 870 for them in a few years so at least they could be here for 10 years.

Would the 870 work for my mums partner too?

thks