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AnthonyKeen_1971

(Subclass 870) Sponsored Parent (Temporary) visa

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Hey all,

I am sorry to dump my tale into here but any advice or comments are appreciated.

My parents have been in AU from the UK for years waiting for a date at the AAT to discuss my fathers medical treatment visa, it was denied and we're appealing; our migration agent retired last year, we were not informed and on chasing up the AAT, having heard nothing, we've found that his date for the tribunal is 2 weeks away! We've asked for a postponement to speak to a new agent, gather up the information the previous agent put in and prepare etc.

My father has many ongoing critical issues and can't walk, stand, and requires ongoing treatment (he's 87) and over the years has gone downhill; he certainly can't fly and his doctor has said he won't approve him to fly. He has kids from his first marriage (estranged in the UK, I've never spoken to them) that prevent him from applying for any normal parent visas thanks to the balance of family rule.

We feel that the hearing will not go well, and if the decision is upheld, given the lack of visa options, we were wondering if we can apply for the (Subclass 870) Sponsored Parent (Temporary) visa for them, 5 years and a 5 years extension will take my dad to 97 years old.

They have the finances for such a move, they have private health insurance and we are supporting them as well. We'd have to get permission to apply from Australia but, apart from that, does this seem reasonable? What I missing apart from a nervous breakdown?

If you've read all this, thanks, we're seeking some option and opinions.

Thanks,

Anthony

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I wouldn't be wasting time asking for advice on a forum.  Get yourself a good agent right now.  George Lombard has always been regarded as the gold standard for medical issues. I note he is no longer a migration agent personally but his agency is still practising and has a RMA on staff.  Otherwise try Suncoast Migration, Go Matilda, or Andre Burger.  It will be a question of which one of them has the capacity to help you, considering their current workload. 

I don't believe it is possible to apply for an offshore visa while onshore.  

Edited by Marisawright
  • Like 1

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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Thanks Marisa, we are progressing on several fronts, we have an agent reading up now on the case, appoints to gather up documents and stat-decs and we are all set to go to another agent if I don't get a satisfactory response today from my newly found agent; sitting here waiting for something to happen and feeling a bit useless led me here to read these forums (again).

I actually spoke to George back in 1998, he was so helpful back then, I will investigate his agency and another one today if we don't get anywhere.

Appreciate your reply.

Anthony

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Just a note from the https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820#About site, regarding application location (might help others if they search).

Apply from
You and any family member or dependent child applying with you must be in Australia, but not in immigration clearance, when you apply for this visa and when we decide your temporary visa application.

==

Far from an expert though but does give me a bit of hope we can apply from inside AU.

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An update, our migration lawyer refused to take the case! We've contacted one of the recommended ones. Also, we received a postponement from the AAT.

I don't intent to continue to give a blow-by-blow from now on but I just wanted to update this.

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Hi Anthony, I’m sorry to hear about your dad’s poor health - your post resonates so strongly with me as my parents are emigrating on an 804 visa that takes 30 years to process will not give them PR and as such I can see the same happening to us in the next 10/15 years. I’m sorry to hijack your terrible situation, but it might help my case to have them pay 100k for the 864 so that they have PR in 5 years and cannot be sent back - and so may I ask what visa is you dad currently on?  There is an excellent immigration agent in Brisbane - Joey Barnard, 0488115557 she specialises in parent visas and perhaps she can help you with your dads case 

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No worries, I've contacts Go Matilda, as recommended above, to have a chat but thanks for the details for Joey, I will keep her in mind.

We can't do the 864 as my parents do not meet the balance of family rule, I would have done this if I could 😞

My parents are on a medical treatment visa (Subclass 602 Medical Treatment visa) as when they arrived, his health was bad and rapidly declined, ending in many trips to hospital in 2018. It was rejected and we appealed but the processing time for appeals is long, and has taken this long to get heard. We are not confident in a positive outcome which is why we're investigating the (Subclass 870) Sponsored Parent (Temporary) visa for them 😞

Edited by AnthonyKeen_1971
Messed up
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Did your dad come over on the medical treatment visa, or is this the visa that you are hopeful of to keep him here and care for him?

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No he didn't, he was a regular 3 months tourist visa, we were planning to make it a year (they come over most years) but this time, it all went quite bad and we had to make sure he was treated and his treatment is ongoing and he wasn't getting the treatment needed in the UK - partly due to anyone to help, the distances involved and the chronic nature of the issue, as he has many conditions that need care.

The medical visa isn't a pathway to anywhere, you do not get medicare or any support, they were granted an ongoing bridging visa without expiry until this matter is resolved.

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I’m so very sad for you and hopeful that your new visa application will succeed as we deserve the opportunity to care for our ailing parents - good luck and I’ll send a little prayer up to the big G - Regards Nic

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6 hours ago, AnthonyKeen_1971 said:

Just a note from the https://immi.homeaffairs.gov.au/visas/getting-a-visa/visa-listing/partner-onshore/temporary-820#About site, regarding application location (might help others if they search).

Apply from
You and any family member or dependent child applying with you must be in Australia, but not in immigration clearance, when you apply for this visa and when we decide your temporary visa application.

==

Far from an expert though but does give me a bit of hope we can apply from inside AU.

This is for an onshore partner visa, so not relevant. If you are speaking with Alan then there is little more the forum can do on the technicalities. Good luck with this. 


____________________________________________________________________

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. Any comments relate to legislation and policy at date of post. 

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On 22/09/2021 at 10:14, N1cn@c65 said:

 it might help my case to have them pay 100k for the 864 so that they have PR in 5 years and cannot be sent back.....  There is an excellent immigration agent in Brisbane - Joey Barnard....

@N1cn@c65, I just saw this post.  If Joey Barnard told you the wait time for the 864 is 5 years, she's not a good agent because she's either being deliberately misleading or doesn't know her job.

All agents should be well aware that there are about 65,000 applications already in the queue for contributory parent visas.   They only grant 3,600 visas each year. Simple arithmetic will tell you that it's going to take them far longer than 5 years to get through all those applications, before they can even look at yours.

Some of those applicants will change their minds or die before their application gets processed, but that queue means that even the best estimates say that if you apply for a CPV today, you'll be waiting at least 12 years. 

https://www.gm-parent-visas.com/contributory-parent-visa-application-numbers-updated/

You may want to join in this thread where there are many parents well acquainted with the wait times:

 

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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Joey Barnard is a well known and well respected agent in our industry. I suspect something has been ‘lost in translation’ here as she knows her stuff and would certainly not provide misleading information.  


____________________________________________________________________

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. Any comments relate to legislation and policy at date of post. 

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Thanks Paul - I agree with your comments on Joey and suspect I’ve misunderstood her timeline to PR, but the 864 is still my preference over the 804 as even if it takes 10 years, they are at least covered by a combination of Medicare and HBF 

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