(Subclass 864) Contributory Aged Parent visa

[Redemption]

Hi all,

I am considering moving my parents to Australia (I'm a PR) via the Subclass 864 visa but have a couple of questions with regard to this process:

1. It says my parents need to be in Australia at the time of application. Can they arrive on a tourist visa to lodge the application and then return our home country until the PR is granted? Or do they need to remain in Australia? If they have to remain in Australia I assume they would need private health care but if they are allowed to go home whilst it's being processed private health care won't be needed? Is this correct? 

2. The wait time on the official IMMI website is said to be around 5 years which would be a palatable amount of time but I have read on this forum that it would be closer to 15 years!? If so, this would be a deal breaker as my parents are 70 and 73.

Apart from the two matters above, I believe we meet all the required criteria and we also have no issue with the fees. The only sticking points would be if the wait really is around 15 years and if they cannot wait in their home country whilst it's being processed. 

Any help on the above would really be very greatly appreciated. 

Thanks. 

[Quoll]

They can apply for the 143 which is an offshore application. They can do that now. The wait times are blowing out but they can visit you while they wait.

[Marisawright]

5 hours ago, Redemption said:

Hi all,

I am considering moving my parents to Australia (I'm a PR) via the Subclass 864 visa but have a couple of questions with regard to this process:

1. It says my parents need to be in Australia at the time of application. Can they arrive on a tourist visa to lodge the application and then return our home country until the PR is granted?

They can arrive on a tourist visa, then lodge the application.   Once the tourist visa expires, their bridging visa (BVA) will become valid.  A BVA has no travel rights, they are stuck in Australia until the 864 is granted (which will be about 15 years).    If they want to leave the country, even for a holiday, they'll need to apply for a BVB, giving a specific reason why they need to travel.  The BVB will be granted for a specific length of time, based on their reason, e.g. it might be three months to attend to some business.   You can't get an open-ended BVB.   If they fail to return to Australia before the BVB expires, they'll be denied entry altogether.

[Redemption]

6 hours ago, Marisawright said:

They can arrive on a tourist visa, then lodge the application.   Once the tourist visa expires, their bridging visa (BVA) will become valid.  A BVA has no travel rights, they are stuck in Australia until the 864 is granted (which will be about 15 years).    If they want to leave the country, even for a holiday, they'll need to apply for a BVB, giving a specific reason why they need to travel.  The BVB will be granted for a specific length of time, based on their reason, e.g. it might be three months to attend to some business.   You can't get an open-ended BVB.   If they fail to return to Australia before the BVB expires, they'll be denied entry altogether.

Thanks for this. 

When on a BVA, will they be entitled to Medicare or will they be needing private health care during this time? And would they be able to get a BVB relatively easily if they wanted to go home for a holiday (for 3 or months or less) or will this be a massive headache?

If we opt for the subclass 143 instead, would the main difference be that once the visa is lodged in Australia* they are free to leave the country and only return when the application is granted?

*I believe it still needs to be lodged onshore as they are of retirement age.

[Quoll]

17 minutes ago, Redemption said:

Thanks for this. 

When on a BVA, will they be entitled to Medicare or will they be needing private health care during this time? And would they be able to get a BVB relatively easily if they wanted to go home for a holiday (for 3 or months or less) or will this be a massive headache?

If we opt for the subclass 143 instead, would the main difference be that once the visa is lodged in Australia* they are free to leave the country and only return when the application is granted?

*I believe it still needs to be lodged onshore as they are of retirement age.

Don't need to apply for 143 onshore. They can put in an application right now offshore if you and they fulfil all the criteria and they can visit you while they wait. On a bridging visa they won't be entitled to anything and if they want to buy a home it will cost them considerably more than a resident.  And, at the end of the day, if they fail the medical they will have to go home, so, much better to jump through all the hoops before moving and being sure you have a permanent visa. 

[Redemption]

10 minutes ago, Quoll said:

Don't need to apply for 143 onshore. They can put in an application right now offshore if you and they fulfil all the criteria and they can visit you while they wait. On a bridging visa they won't be entitled to anything and if they want to buy a home it will cost them considerably more than a resident.  And, at the end of the day, if they fail the medical they will have to go home, so, much better to jump through all the hoops before moving and being sure you have a permanent visa. 

Thanks for this. I think it that's the case it would make sense for us to lodge a subclass 143 offshore and just keep our fingers crossed that it doesn't take 15 years. Assuming we go down this route would this mean that when they want to visit Australia they would need a tourist visa? 

From our perspective, we are willing to part with the initial application fee and just hope for the best. If the 143 allows us to do this and have my parents remain offshore and maintain their current lifestyle whilst waiting then it would be best option for us. I think we will have to be realistic and go into it knowing that it might not get approved in their lifetimes but it's worth a shot anyway. 

[Marisawright]

1 hour ago, Redemption said:

Thanks for this. 

When on a BVA, will they be entitled to Medicare or will they be needing private health care during this time? And would they be able to get a BVB relatively easily if they wanted to go home for a holiday (for 3 or months or less) or will this be a massive headache?

If we opt for the subclass 143 instead, would the main difference be that once the visa is lodged in Australia* they are free to leave the country and only return when the application is granted?

*I believe it still needs to be lodged onshore as they are of retirement age.

Where do they live currently?  They will get Medicare if their home country has a reciprocal agreement with Australia.   If not, then no, they get nothing.

It's not hard to get a BVB if they have a solid reason.

They can't apply for a 143 onshore and they can't get a bridging visa if they apply onshore. 

There is no point in crossing your fingers that a 143 will take less than 15 years.   It's very unlikely that timeframe will change.  Parents cost the government far too much in health and aged care costs and they don't want them in the country.  Settling for annual visits on tourist visas may be your best option.

Edited December 14, 2021 by Marisawright

[Alan Collett]

On 14/12/2021 at 18:27, Redemption said:

Thanks for this. I think it that's the case it would make sense for us to lodge a subclass 143 offshore and just keep our fingers crossed that it doesn't take 15 years. Assuming we go down this route would this mean that when they want to visit Australia they would need a tourist visa? 

From our perspective, we are willing to part with the initial application fee and just hope for the best. If the 143 allows us to do this and have my parents remain offshore and maintain their current lifestyle whilst waiting then it would be best option for us. I think we will have to be realistic and go into it knowing that it might not get approved in their lifetimes but it's worth a shot anyway. 

I recommend a discussion with an experienced registered migration agent so you fully understand the strategies available to your parents.

Best regards.

 

[Alan Collett]

On 14/12/2021 at 11:00, Marisawright said:

They can arrive on a tourist visa, then lodge the application.   Once the tourist visa expires, their bridging visa (BVA) will become valid.  A BVA has no travel rights, they are stuck in Australia until the 864 is granted (which will be about 15 years).    If they want to leave the country, even for a holiday, they'll need to apply for a BVB, giving a specific reason why they need to travel.  The BVB will be granted for a specific length of time, based on their reason, e.g. it might be three months to attend to some business.   You can't get an open-ended BVB.   If they fail to return to Australia before the BVB expires, they'll be denied entry altogether. 

A quick comment to note that visitor visas are generally available to those whose BVB travel facility has expired.

In such circumstances parents return to Australia on the visitor visa and seek the reinstatement of the BV.

Best regards.

[beketamun]

On 14/12/2021 at 18:11, Quoll said:

Don't need to apply for 143 onshore. They can put in an application right now offshore if you and they fulfil all the criteria and they can visit you while they wait. On a bridging visa they won't be entitled to anything and if they want to buy a home it will cost them considerably more than a resident.  And, at the end of the day, if they fail the medical they will have to go home, so, much better to jump through all the hoops before moving and being sure you have a permanent visa. 

They will get Medicare, I know someone who moved over his 90yr old father, with dementia, from a UK care home into an Australian care home.  He was funding privately anyway, but was surprised when his dad had a Medicare card issued immediately.  He'd applied for 3 month tourist visa, then parental when his dad was on-shore, then bridging VISA.  All sailed through.  It will never get finalised for obvious reasons.

[beketamun]

On 14/12/2021 at 18:27, Redemption said:

Thanks for this. I think it that's the case it would make sense for us to lodge a subclass 143 offshore and just keep our fingers crossed that it doesn't take 15 years. Assuming we go down this route would this mean that when they want to visit Australia they would need a tourist visa? 

From our perspective, we are willing to part with the initial application fee and just hope for the best. If the 143 allows us to do this and have my parents remain offshore and maintain their current lifestyle whilst waiting then it would be best option for us. I think we will have to be realistic and go into it knowing that it might not get approved in their lifetimes but it's worth a shot anyway. 

As Alan said, take advice from a migration agent rather than anyone on here.....it's good for opinion but it's not advice specific to your circumstance.

[ramot]

1 hour ago, beketamun said:

As Alan said, take advice from a migration agent rather than anyone on here.....it's good for opinion but it's not advice specific to your circumstance.

I have seen so much incorrect advice and misinformation given (however well intended) since I joined, with never ever a rider added saying I am not an agent this is only my opinion, that it could fill a thread on its own. 

Edited December 23, 2021 by ramot

[kamal.610]

On 24/12/2021 at 09:01, ramot said:

I have seen so much incorrect advice and misinformation given (however well intended) since I joined, with never ever a rider added saying I am not an agent this is only my opinion, that it could fill a thread on its own. 

@Marisawright are you an immigration agent? How are you so sure that it is going to take 15 years? Where did you get this information from?

Home Affairs site says  minimum 64 months. 

[Alan Collett]

35 minutes ago, kamal.610 said:

@Marisawright are you an immigration agent? How are you so sure that it is going to take 15 years? Where did you get this information from?

Home Affairs site says  minimum 64 months. 

Frankly, I think the statement on the Department website is incorrect.

There are a LOT of contributory parent applications ahead of you if you submit an application today - about 66,000.

Divide that by the number of visas granted in a normal year - 6,500 to 7,000.

That's not 64 months.

This year 3,600 of these visas are expected to be granted.

That's how people get to the 15 year estimation.

Best regards.

[Marisawright]

54 minutes ago, kamal.610 said:

@Marisawright are you an immigration agent? How are you so sure that it is going to take 15 years? Where did you get this information from?

Home Affairs site says  minimum 64 months. 

Home Affairs is misleading.  When you see a figure on the Home Affairs site, it means" "this is how long it has taken for applications which we're processing NOW".   in other words, the applications they're processing today were submitted about 64 months ago.    It is NOT a prediction of how long it will take if you apply today.

I am not an agent but I am absolutely sure you will be waiting about 15 years.   Just do the arithmetic, based on the figures published by Immigration.  

Look at how many applications are in the queue in front of you.  Now look at the quota they grant each year - and remember, they often don't grant the whole quota, either. 

There is absolutely no reason to think the government might speed up to clear the "backlog".  It's not a backlog, it's a deliberate choice by the government.   The bottom line is that they don't want to bring elderly parents to Australia because they cost the taxpayer too much in medical and aged care.  Abolishing parent visas would be too much bad publicity so they're just going slow instead. 

Edited February 17, 2022 by Marisawright

[Tulip1]

If anything I’d say those applying now will be waiting longer than 15 years.

[Tiger21]

Hi everyone, I am wondering if someone could help me to clarify this.

My mother is on a tourist visa which will expire in 3 year time (multiple entries, maximum 3 month stay for each entry). If I apply visa 864 for her now, does that mean the bridging visa will only come to effect when her tourist visa expires, and she has to leave Australia after every 3 month stay until then?

Many thanks. 

[Alan Collett]

35 minutes ago, Tiger21 said:

Hi everyone, I am wondering if someone could help me to clarify this.

My mother is on a tourist visa which will expire in 3 year time (multiple entries, maximum 3 month stay for each entry). If I apply visa 864 for her now, does that mean the bridging visa will only come to effect when her tourist visa expires, and she has to leave Australia after every 3 month stay until then?

Many thanks. 

The BV will come into effect when she stays in Australia longer than the period permitted by her visitor visa (3 months).

Once the BV is in effect the visitor visa falls away - your mother is then in the BV regime and should get a BVB if she wants to travel overseas and return to Australia.

Hope this helps.

[LindaH27]

On 14/12/2021 at 08:05, Marisawright said:

Where do they live currently?  They will get Medicare if their home country has a reciprocal agreement with Australia.   If not, then no, they get nothing.

It's not hard to get a BVB if they have a solid reason.

They can't apply for a 143 onshore and they can't get a bridging visa if they apply onshore. 

 

They definitely  can apply for 143 onshore but they won’t get a bridging visa

[Tania]

On 30/08/2022 at 10:39, Tiger21 said:

Hi everyone, I am wondering if someone could help me to clarify this.

My mother is on a tourist visa which will expire in 3 year time (multiple entries, maximum 3 month stay for each entry). If I apply visa 864 for her now, does that mean the bridging visa will only come to effect when her tourist visa expires, and she has to leave Australia after every 3 month stay until then?

Many thanks. 

I am in the same situation as yours. Have you applied 864 for your mother and how much did you pay for the first instalment? 

[Alan Collett]

14 minutes ago, Tania said:

I am in the same situation as yours. Have you applied 864 for your mother and how much did you pay for the first instalment? 

Single applicant: