Tiamilo Posted January 6, 2022 Share Posted January 6, 2022 Please help..I am not sure where to look so need some help as I am sure this has been asked before. The problem is the more I look at the more confused I get!! My husband, myself and two children emigrated 10 years ago and now Australian Citizens. My Mum back in the UK and who is now on her own since my Dad died two years wants to emigrate here and apply for the contributory parent visa. She passes all the criteria for moving here. I have read she needs to be in Australia to apply for it which would actually make life easier as she has no one in the UK that can help her and she doesn't use computers. I am so confused where to start! She will need me to fly back to the UK to fly back with her but can she just come on a normal holiday visa before applying for the CPV and if that is the case what do parents do with their houses and belongings back in the UK. We have no one there to sort anything out so can we sell her house and put her things in storage and get them sent across once we have applied for her CPV. Can we apply for CPV as soon as she lands here or have I got it all wrong and is it not that simple? Any help or pointing in the right direction would be greatly appreciated and save a lot if headaches! Thank you. Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 7, 2022 Share Posted January 7, 2022 She doesn’t need to be in Australia to apply. She may be able to apply on shore depending on her age though. Pros and cons with both and a very long wait for grant due to massive backlog and reduced number of visas being granted per year. There is a massive thread on here if you want to get some info. Otherwise use gov website or get an opinion from an agent. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2022 Share Posted January 7, 2022 (edited) 1 hour ago, Tiamilo said: My husband, myself and two children emigrated 10 years ago and now Australian Citizens. My Mum back in the UK and who is now on her own since my Dad died two years wants to emigrate here and apply for the contributory parent visa. She passes all the criteria for moving here. I have read she needs to be in Australia to apply for it which would actually make life easier as she has no one in the UK that can help her and she doesn't use computers. It's not compulsory to be in Australia. However if she applies from the UK, she'll have to wait there for another15 years before she can move here. That's how long the queue for parent visas is now. So there's not much point. The way around that is to get a tourist visa and pretend to come on holiday, then once she's been in Australia a week or two, apply for the parent visa. Ridiculous though it sounds, she will then get a Bridging Visa which will allow her to stay in Australia while her application is processed, even though that will take years and years. There are several downsides to being on a Bridging Visa. I've written another post somewhere that explains it and I'll copy it here for you. As for what to do with her stuff: the sensible option is to sell up before she comes on the tourist visa. She won't get any concessions on importing goods because she's just on a temp visa, so she would be wise to dispose of all her furniture and household goods, and just ship the sentimental things. A Movecube is a good way to do that. There are three different sizes. Edited January 7, 2022 by Marisawright Quote Link to comment Share on other sites More sharing options...
Parley Posted January 7, 2022 Share Posted January 7, 2022 8 minutes ago, Marisawright said: It's not compulsory to be in Australia. However if she applies from the UK, she'll have to wait there for another15 years before she can move here. That's how long the queue for parent visas is now. So there's not much point. The way around that is to get a tourist visa and pretend to come on holiday, then once she's been in Australia a week or two, apply for the parent visa. Ridiculous though it sounds, she will then get a Bridging Visa which will allow her to stay in Australia while her application is processed, even though that will take years and years. There are several downsides to being on a Bridging Visa. I've written another post somewhere that explains it and I'll copy it here for you. As for what to do with her stuff: the sensible option is to sell up before she comes on the tourist visa. She won't get any concessions on importing goods because she's just on a temp visa, so she would be wise to dispose of all her furniture and household goods, and just ship the sentimental things. A Movecube is a good way to do that. There are three different sizes. Wouldn't that be fraud and potentially lead to a ban? 1 Quote Link to comment Share on other sites More sharing options...
Quoll Posted January 7, 2022 Share Posted January 7, 2022 1 hour ago, Parley said: Wouldn't that be fraud and potentially lead to a ban? They really do need to stamp on that risky loophole, especially when people can and should apply offshore. They can still take holidays to Aus but not move permanently until their visa is through. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2022 Share Posted January 7, 2022 2 hours ago, Parley said: Wouldn't that be fraud and potentially lead to a ban? i used to think so, but it's not illegal to come on a tourist visa with the intention of applying for another visa during your visit. It's only illegal if you are planning to stay forever, irrespective of the outcome. 1 Quote Link to comment Share on other sites More sharing options...
paulhand Posted January 7, 2022 Share Posted January 7, 2022 6 hours ago, Parley said: Wouldn't that be fraud and potentially lead to a ban? 4 hours ago, Quoll said: They really do need to stamp on that risky loophole, It’s not a ‘loophole’, it’s perfectly legal to make an onshore visa application when holding a visitor visa. If the Government wanted it to be otherwise they could easily apply no further stay restrictions to all visitor visas. They don’t. The Department’s own policy manual confirms this: “If an applicant applies for a visitor visa but intends to make a further visa application in Australia (whether this intention is stated or not), this does not necessarily indicate that the applicant does not intend a genuine temporary stay and is not a reason in and of itself to refuse the visitor visa. If the Regulations allow an application to be made in Australia by an FA-600 visa holder in Australia, s65 delegates should not be seeking to block this pathway. In addition, an intention to apply for a further visa in Australia does not necessarily indicate that the person will not leave Australia before the FA-600 visa ceases. The question to consider is not “will this person apply for a visa in Australia” but rather, “if this person does not apply for another visa in Australia, or if they apply and are refused, will they abide by the conditions of the visa and will they leave Australia”. 1 Quote Link to comment Share on other sites More sharing options...
Tiamilo Posted January 7, 2022 Author Share Posted January 7, 2022 Thank you for all your help. That makes it clearer. Waiting for years for a visa to come through doesn't worry us it is more about having her here so she isn't on her own in the UK. If she is on a bridging visa would she be allowed to buy a property in Australia while she waits as I am not sure she would cope living in our crazy mad house for years? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2022 Share Posted January 7, 2022 (edited) 30 minutes ago, Tiamilo said: Thank you for all your help. That makes it clearer. Waiting for years for a visa to come through doesn't worry us it is more about having her here so she isn't on her own in the UK. If she is on a bridging visa would she be allowed to buy a property in Australia while she waits as I am not sure she would cope living in our crazy mad house for years? Sorry, I forgot to post my other information. She will have to apply for special permission to buy a home, because she will be regarded as a foreign investor. So she will have to apply to FIRB (for a fee) then pay a surcharge on the purchase price (something like $45,000 on a $500,000 home). Assuming she's living in the UK now, she'll be able to get treatment under reciprocal Medicare. However she wont get any pensioner concessions on prescriptions, she'll have to pay full PBS prices. As you know, Medicare doesn't pay for everything like the NHS does. Also remember that Medicare doesn't cover dental or opticians at all, she'll have to pay full price for those (and she can't pop back to the UK to get them, because she'll lose her right to access the NHS). All in all, you should budget a few thousand a year for prescriptions, gap payments, specialists, scans etc. compared to her UK costs. That's not taking into account the inevitability that she'll need increasingly more medical treatments and prescriptions as she gets older. She can get health insurance but not the policies Australians get. She'll have to pay for Overseas Visitors cover, which covers more but is more expensive. She can't leave Australia, even for a holiday. Actually to be strictly accurate, she can leave any time she likes, but she won't be allowed back in, and then she'll be stuck overseas - and the parent visa won't be awarded if she's overseas. If she wants to leave Australia, she'll need to apply for a BVB, giving how long she wants to be overseas for and why. Are you aware that her UK state pension will be frozen at whatever the rate is when she arrives, and she will never get any increases? She also won't be eligible for any pension, welfare or aged care benefits from the Australian government. All in all, it is an expensive undertaking! Edited January 7, 2022 by Marisawright Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 7, 2022 Share Posted January 7, 2022 1 hour ago, paulhand said: It’s not a ‘loophole’, it’s perfectly legal I know it's legal, but I'm sure the original legislators did not envisage visitors remaining on bridging visas in Australia for year after year - in the case of UK visitors, costing the taxpayer thousands in Medicare. Many of us are mystified why the government does not apply the no further stay condition. 2 Quote Link to comment Share on other sites More sharing options...
Tiamilo Posted January 7, 2022 Author Share Posted January 7, 2022 Thanks Marissa, that is all useful information. She wont need to leave Australia once she is here if we can get her house sorted as we are her only family. We were aware about extra costs for medical bills etc just not about whether she could buy a property or not. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 7, 2022 Share Posted January 7, 2022 (edited) 6 hours ago, Marisawright said: i used to think so, but it's not illegal to come on a tourist visa with the intention of applying for another visa during your visit. It's only illegal if you are planning to stay forever, irrespective of the outcome. But those that tick the I’m here for a holiday box are lying as they are planning to stay forever. People sell up everything, tick a box saying they are having a holiday with no intention of leaving. I know that is apparently allowed but it’s mind boggling that is the case. Edited January 7, 2022 by Tulip1 2 Quote Link to comment Share on other sites More sharing options...
rammygirl Posted January 7, 2022 Share Posted January 7, 2022 Are on shore parent applications only possible for those over a certain age? I thought they had to be 67 to do this. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 7, 2022 Share Posted January 7, 2022 6 minutes ago, rammygirl said: Are on shore parent applications only possible for those over a certain age? I thought they had to be 67 to do this. Yes they do. No mention of age but sounds like elderly based on the daughter needing to fly back to accompany her mum and dad passed away. Could be wrong though. Quote Link to comment Share on other sites More sharing options...
Tiamilo Posted January 8, 2022 Author Share Posted January 8, 2022 She is 76 so definitely over 67. Quote Link to comment Share on other sites More sharing options...
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