Advice please for Aged Parent Visa (804)

[kellyjamie]

HI everyone - i hope your all well

 

I am looking at the 804  or 103 visa for my parents to join us in Brisbane - they are currently in Edinburgh. Can they come here on a tourist visa and apply whilst here, and the apply for a bridging visa whilst waiting or do they have to return to the UK? 

 

The contributory visa is not viable due to the cost for them - many thanks

Edited October 19, 2021 by kellyjamie

[Marisawright]

They could come over on a tourist visa and apply for a 804 visa, then they'd be allowed to stay until it's granted - and as the waiting time is about 30 years, that means they get to stay forever.    But if the contributory visa is not viable due to cost, then do your sums very, very carefully before bringing your parents over.   Their cost of living is going to be a lot higher in Australia than it is in the UK.

They won't be allowed to leave Australia without applying for special permission (BVB). 

They will cease to be a legal resident of the UK, which means they lose access to the NHS and all benefits.   If they are currently living in the UK, then they can get reciprocal Medicare so that, at least, isn't a worry.  However, I'm sure you know that Medicare doesn't cover everything like the NHS does.  There is often a gap to pay, and as they become elderly, they will need more and more medical care (we all do).   

They won't get subsidised prescriptions like pensioners in Australia do, so check what medications they're on.  Assume that every prescription will cost about $30, every time.   If they're fit now, then it's not a worry for now.  However, most elderly people are on several medications so it's likely they will be too, in the future.   For instance my sister, who's in her 70's, takes various heart pills and blood pressure pills.  If she came to live in Australia, she'd have to find $3,000 a year for her prescriptions whereas in the UK, they're all free.   

Also their UK pension will be frozen at whatever the rate is when they leave the UK.  If they have private pensions that's not an issue, but it will be very hard to survive on today's state pension in 10 or 15 years' time.   They won't be eligible for a pension or any pensioner benefits in Australia.  

If they want to buy a home, they'll be treated as a foreign investor, have to apply for special permission, and pay a hefty surcharge (around $45,000 on a $500,000 home)  on the purchase price.   

It all adds up.

Edited October 19, 2021 by Marisawright

[Quoll]

And, to add to Marisa's excellent list, at the end of the day if they fail the medical when their time comes (assuming they havent popped their clogs - and btw you will have to fund all care home fees should they need it, no subsidies there) then they will have to go home.  You often see it in the papers when people then start crying crocodile tears and writing to their MP with their emotional blackmail.

Also, if their tourist visa says no further stay they will have to go home anyway.

[Tulip1]

I would agree with the comments above.  I think the bridging visa option (which pretty much all parents would remain on unless they make it almost 100) is for those with deep pockets because they’ll have to pay for everything they ever need.  I see on here many people say things like the parents will live with me, won’t ever need to go on a care home etc but no one can actually say that as no one can see into the future to know what health issues their parents may face.   I’m pretty sure you can’t apply for the 103 and stay onshore but I might be wrong.  The other one you can but I think you have to be over pension age (assume your parents are) in answer to your question yes it’s possible for them but without lots of money it’s very risky.  Best of luck. 

[LindaH27]

103 is applied for offshore and does not carry a bridging visas. It will take 30 years to get that one. One of your parents needs to be aged 66.5 years to be able to go for 804. As others have said you will need deep pockets for 804! 
Thetes also a senate enquiry  going on into parent visas which is reporting next month. They’ve tried to get rid of 804 in the past as it costs millions for Australian taxpayers. It’s likely they will try again to remove that visa! 
Australia has  worked out that each parent costs them around $410k with medical care etc so they certainly don’t want more just landing. Even the contributory parent visa doesn’t pay enough and they’ve also been looking at increasing the cost of that 

Edited October 19, 2021 by LindaH27

[Marisawright]

1 hour ago, LindaH27 said:

 They’ve tried to get rid of 804 in the past as it costs millions for Australian taxpayers. It’s likely they will try again to remove that visa

This is another risk.   It's politically difficult to get rid of parent visas because of the bad publicity, so they may fail again this time.  However, because the waiting time for the contributory visas has become so ridiculous, there's an increasing number of parents arriving on the 804 and I predict it will get to the point where they'll have to stop it.   If that happens in, say, 10 years' time, then @kellyjamie's parents might find themselves getting chucked out of Australia in their 70's or 80's with no home to go back to in the UK and no right to any government benefits there.  

[LindaH27]

1 minute ago, Marisawright said:

This is another risk.   It's politically difficult to get rid of parent visas because of the bad publicity, so they may fail again this time.  However, because the waiting time for the contributory visas has become so ridiculous, there's an increasing number of parents arriving on the 804 and I predict it will get to the point where they'll have to stop it.   If that happens in, say, 10 years' time, then @kellyjamie's parents might find themselves getting chucked out of Australia in their 70's or 80's with no home to go back to in the UK and no right to any government benefits there.  

Well they don’t actually have to stop it per se - they just have to put a “no further stay”  on the entry visa to prevent any onshore application!  

Or perhaps more likely,  they could  take away all reciprocal health care from 804/864 so that people will have to pay towards their health care costs?? That would cause many to think again if they realised they had to pay for their healthcare or pay for private  health insurance.  Reciprocal could be kept for temporary visits eg 651 but not for long stay.  

[Marisawright]

3 minutes ago, LindaH27 said:

Well they don’t actually have to stop it per se - they just have to put a “no further stay”  on the entry visa to prevent any onshore application!  

Or perhaps more likely,  they could  take away all reciprocal health care from 804/864 so that people will have to pay towards their health care costs?? That would cause many to think again if they realised they had to pay for their healthcare or pay for private  health insurance.  Reciprocal could be kept for temporary visits eg 651 but not for long stay.  

I'm actually very surprised they're so lenient about allowing people to stay after arriving on a tourist visa. It seems to make a mockery of the whole visa process, really.

[LindaH27]

3 minutes ago, Marisawright said:

I'm actually very surprised they're so lenient about allowing people to stay after arriving on a tourist visa. It seems to make a mockery of the whole visa process, really.

Quite a few of the submissions to the senate enquiry made mention of the unfairness of non contributory 804 allowing people to remain in Australia on bridging visas whereas people paying large sums  for contributory visas had to wait offshore 

[wrussell]

And, to add to Marisa's excellent list, at the end of the day if they fail the medical when their time comes (assuming they havent popped their clogs - and btw you will have to fund all care home fees should they need it, no subsidies there) then they will have to go home.

This is not correct, emphasis mine.

The discussion about overall costs was close to correct.

[Marisawright]

13 minutes ago, wrussell said:

And, to add to Marisa's excellent list, at the end of the day if they fail the medical when their time comes (assuming they havent popped their clogs - and btw you will have to fund all care home fees should they need it, no subsidies there) then they will have to go home.

This is not correct, emphasis mine.

The discussion about overall costs was close to correct.

I assume you mean they MAY have to go home, as they could apply for a different visa on medical grounds? However we did have someone recently on these forums who expected to get knocked back for that visa so it’s not a guaranteed safety net, is it?

[LindaH27]

2 minutes ago, Marisawright said:

I assume you mean they MAY have to go home, as they could apply for a different visa on medical grounds? However we did have someone recently on these forums who expected to get knocked back for that visa so it’s not a guaranteed safety net, is it?

The medical visa ( If that is what is referred to ) is not a permanent visa 

[LindaH27]

And given the potential explosion in the numbers switching to 804 and the length  of the queue  I hardly think Australia will be keen on dishing out medical visas  to them all when/if they fail the medical at an advanced age! 

[wrussell]

And, to add to Marisa's excellent list, at the end of the day if they fail the medical when their time comes (assuming they havent popped their clogs - and btw you will have to fund all care home fees should they need it, no subsidies there) then they will have to go home.

This is not correct, emphasis mine.

The discussion about overall costs was close to correct.

[wrussell]

There are no guarantees in this business and it is a breach of the Code for a registered migration agent to claim that a particular result will be achieved,

So far I have been able to keep parent visa applicants affected by an adverse health outcome in Australia, until they died. 

[wrussell]

Quote

Well they don’t actually have to stop it per se - they just have to put a “no further stay”  on the entry visa to prevent any onshore application! 

There are some visitor visas for which it is not open to delegates to impose a no further stay condition.

[LindaH27]

8 hours ago, wrussell said:

There are some visitor visas for which it is not open to delegates to impose a no further stay condition.

Is that likely to change once the senate enquiry reports?? 

[wrussell]

My crystal ball is under repair.