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804 visa


Midwife67

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My parents have been granted a 600 visa and are planning on coming out later this year from the UK. 

I would like to apply for a 804 VISA on shore when they arrive. They are both above pension age and have both children and all grandchildren living here.

I would like to know if they will be able to have reciprocal health care with Medicare?

Do they need to have a UK address to return to as deciding if they should rent property or sell it?

Thank you for any advice in advance it is much appreciated.

 

 

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It's not illegal to arrive in Australia on a tourist visa intending to apply for a permanent visa, but it is illegal to arrive intending to stay come hell or high water (e.g.even if their subsequent visa application is refused, or the rules change).  If they've sold up everything and burnt their bridges, Immigration could see that as a sign they are intending to do just that.  However let's face it, Immigration aren't likely to find out, are they?

The issue with renting it out is that once they get their bridging visa for the 804, they'll have to apply for special permission every time they want to leave Australia (a BVB), even for holidays, so it won't be practical to pop back and forth if there are issues with the property.  On the other hand, they'll also have to apply for special permission if they want to buy a home in Australia, and pay a whopping "foreign investor" surcharge when they buy, so they may be better off hanging on to their UK property and renting here.  

If they are legal residents in the UK immediately before they arrive in Australia, they'll get reciprocal cover.  If they're living in France or Spain, say, then you'll need to check.  It's not citizenship that determines whether you get it, it's residency. 

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Thank you for your advise. 

We have considered  building a granny flat on my brothers property which Mum and Dad would fund but will be under my brothers name or they can rent.

I also think it is wise for them to hold onto their property and rent it and then sell when visa is granted. 

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53 minutes ago, Midwife67 said:

Thank you for your advise. 

We have considered  building a granny flat on my brothers property which Mum and Dad would fund but will be under my brothers name or they can rent.

I also think it is wise for them to hold onto their property and rent it and then sell when visa is granted. 

However, if they are applying for the 804 visa, the visa is unlikely to be granted in their lifetime (the waiting time is at least 30 years). 

That's why the 804 option needs to be considered carefully, as they will be unable to access any kind of government support or aged care, no matter how infirm they get, as they will only be on a bridging visa for the rest of their lives.   

Edited by Marisawright
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2 minutes ago, Midwife67 said:

What is the best visa to apply for on shore?

They could go for a contributory visa but even they have a waiting time of at least 13 years.

Basically the Australian government doesn’t want to give elderly parents permanent visas because the cost of their medical and aged care is so expensive for the taxpayer 

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25 minutes ago, Midwife67 said:

My Dad is nearly 90 and my mum nearly 80 we don't have much to loose really. Better to be with their family.

You won't get any help with care should they need it and they won't have full medicare.  Have you thought about going back and supporting them in their home so they dont have to uproot and will be assured of good medical coverage and won't have to leave all that they have known. 

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4 hours ago, Midwife67 said:

What is the best visa to apply for on shore?

 

Can we buy a property in our names with their money will  that avoid taxes?

Something you might need to look into is the UK inheritance tax situation for your parents? 

 It’s possible that, even though you leave UK to live in another country , you might still be liable? so get top advice for your parents situation. There is I think  the 7 year gifting rule.

We are sorting this out at the moment, as we are now citizens, we think we can change something legally, to either our domicile or residence? I’m not exactly sure, it’s best to look into your parents situation yourselves, as their position is probably different to ours as long as they are temporary  residents in Australia. 

Hope this makes sense 

Edited by ramot
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On 23/02/2022 at 06:41, Midwife67 said:

My Dad is nearly 90 and my mum nearly 80 we don't have much to loose really. Better to be with their family.

There won’t be any help with any aged care/ some medicines etc  either in the home or in care as they would be classed only as temporary residents. Reciprocal care certainly doesn’t cover everything. Aged care is extremely expensive. That’s a big problem on 804 visa. They would also have to pass a medical two or three years after applying - this is simply to be put into the queue. Should they fail the medical they could be asked to leave 

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On 23/02/2022 at 10:33, ramot said:

Something you might need to look into is the UK inheritance tax situation for your parents? 

 It’s possible that, even though you leave UK to live in another country , you might still be liable? so get top advice for your parents situation. There is I think  the 7 year gifting rule.

We are sorting this out at the moment, as we are now citizens, we think we can change something legally, to either our domicile or residence? I’m not exactly sure, it’s best to look into your parents situation yourselves, as their position is probably different to ours as long as they are temporary  residents in Australia. 

Hope this makes sense 

Yes you can still be liable for inheritance tax in UK. Really need a financial adviser who understands both UK and Australia tax laws 

https://www.gm-parent-visas.com/uk-inheritance-tax-affects-those-living-in-australia/

Edited by LindaH27
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1 hour ago, LindaH27 said:

Yes you can still be liable for inheritance tax in UK. Really need a financial adviser who understands both UK and Australia tax laws 

https://www.gm-parent-visas.com/uk-inheritance-tax-affects-those-living-in-australia/

Thank you Linda I agree, we do already know all the above, and we only use people with knowledge of both systems. I only ever give general guidance to posters, as I am no expert in either immigration or tax matters, in case I give incorrect advice, and always suggest using a MARA MA or Alan Collett for tax advice.

Hope you get visa soon. The above link is good advice

 

Edited by ramot
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2 minutes ago, ramot said:

Thank you Linda I agree, we do already know all the above, and we only use people with knowledge of both systems. I only ever give general guidance to posters, as I am no expert in either immigration or tax matters, in case I give incorrect advice, and always suggest using a MARA MA or Alan Collett for tax advice.

Hope you get visa soon. 

 

Thank you - think I still have around 5 years to go - having already waited nearly 5!😩

The link I posted was written by @Alan Collett - I find his posts and advice very helpful. 
 

I just find it very sad when people are still applying for 143 unaware of the huge wait times because not enough information is given on the websites to help people make a decision. I’m actually unsure whether in another 5 years I would want to go - as we are all getting older whilst the wait goes on 

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Just now, LindaH27 said:

Thank you - think I still have around 5 years to go - having already waited nearly 5!😩

The link I posted was written by @Alan Collett - I find his posts and advice very helpful. 
 

I just find it very sad when people are still applying for 143 unaware of the huge wait times because not enough information is given on the websites to help people make a decision. I’m actually unsure whether in another 5 years I would want to go - as we are all getting older whilst the wait goes on 

I agree the wait is unacceptable due to the complete misinformation posted on the government website and it must get very frustrating and depressing.  I know we came here 19 years ago in different circumstances, to be followed by 2 of our children, but we have never regretted the move, and although we miss our UK son and grandchildren, we have just spent time with both our children here, a great weekend in Brisbane, and just back from 5 days in Sydney. We love living here, but we don’t live in their pockets.

Hope you can get over for a visit soon.

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2 minutes ago, ramot said:

I agree the wait is unacceptable due to the complete misinformation posted on the government website and it must get very frustrating and depressing.  I know we came here 19 years ago in different circumstances, to be followed by 2 of our children, but we have never regretted the move, and although we miss our UK son and grandchildren, we have just spent time with both our children here, a great weekend in Brisbane, and just back from 5 days in Sydney. We love living here, but we don’t live in their pockets.

Hope you can get over for a visit soon.

Lots to think about. My daughter has missed  all her family so they’re all coming for a month in July - I'm so looking forward to seeing them all!!

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