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Pippa Duffy

Visas Trying to stay in Australia...carer for family

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I have been in South Australia from UK since February 2020 firstly on a tourist visa then on bridging visas whilst waiting for Qantas to start operating again, due to Covid restrictions. I have been staying with my son and three grandchildren (all Australian citizens) in the wake of a divorce, caring for the family by taking grandchildren to and from school, cooking, cleaning, clothes washing and looking after two dogs. During this time we have had two stressful house moves. I don't know how they will cope without me here when the time comes for me to leave. With the situation as it is, my family think it is not safe for me to fly home either. I have been looking into the various visas available, but there seems to be nothing that would allow me to stay as a carer until my grandchildren can look after themselves. My son has a very demanding job, and both he and I have written to our local MP for assistance without much resulting from this. As I am currently on a bridging visa E, which is not a substantive visa, I cannot apply for the aged parent visa which was something we were going to do. Can anyone offer any advice? As I am not well in uk due to allergies and am fine here, I also wondered about a health visa!  

Edited by Pippa Duffy
Clarity and grammar!

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From what you have posted, your probability of being granted a carer visa is zero. 

There is no 'health' visa.

There is a 'medical treatment' visa that is probably of no advantage to you.

If you go to my website pinoyau.com and use the contact form, I shall have a look at your case.

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Talk to a registered agent but crocodile tears aren't going to get you anywhere if you don't fit the criteria. You can't justify being a carer as that requires there to be no other possible support and of course there are plenty of paid support options around for child care. And even if you are allowed to stay until your grandchildren no longer needed you, are you  really saying you would go home then? It might be better for you to go home and apply for a CPV but talk to Wesley or one of the other agents to see what your options may be. 

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You sound just like many thousands of grandparents wishing to live with/near their family.  There are strict criteria’s to be able to do that as many tens of thousands of parents sitting in queues for the relevant visas will testify.  Your grandchildren need caring for but not a Carer and certainly don’t qualify to get one.  Your son (their primary carer) would simply need to get a live in nanny/au-pair/housekeeper or similar.  I understand you desperately want to stay but cannot see any way you could.  You should have a consultation with an agent just so you know for sure. 

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I don't think it will make much sense as you admit yourself you were going to leave the country if not for covid. So obviously the family would have coped without you.

Really being a grandma does not really count in terms of being a carer. 

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Buy a man eat fish. The Day, Teach Man, to lifetime.      - Joe Biden.

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If you on a BVE then things are potentially quite messy. I would suggest having a detailed consultation with a registered migration agent to understand where you are at and what the options might be. To be frank, there are plenty of airlines flying passengers out of Australia daily, so the fact that Qantas can’t be bothered to support vital travel is not a particularly relevant point in this scenario. 

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

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@Pippa Duffy, as Paul says, you are in a potentially very sticky situation.   Both Westly Russell and Paul Hand are experienced agents and I suggest you hire one of them urgently to sort out a plan.

Usually, the Department grants a Bridging Visa E  just to give you time to organise your affairs and go home.  They will expect you to have left the country before the expiry date. If you do not leave by the expiry date, then you'll be unlawful and will not just have to leave, but there is a risk you could be banned from returning for a number of years, which I'm sure you won't want.  

Early on the pandemic, they were being lenient because of the difficulty of getting flights, but flights are leaving every day now, so you've got no excuse.  Your family's belief that it's "not safe" won't be seen as a good enough reason.  Sadly there is very likely no visa you can get to allow you to stay.  Your best bet is to leave now and plan to return next year on a visitor visa, and then perhaps you can apply for an onshore parent visa.  But you need an agent to advise you.

 

Edited by Marisawright
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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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