What to do when 173 Visa runs out

[johnboy100]

My wife and I are considering applying for a 173 visa to join our only son, who is now an Australian citizen, and family in Australia. I know the waiting lists are long and costly but we are prepared to give it a go. So, my question is this:  After applying for and hopefully receiving a 173 visa, which I believe lasts for 2 years, we then apply during this 2 year period for a 143 visa to live in Australia permanently, what happens after the 173 visa runs out and before a 143 visa is granted (or probably even looked at given the current waiting times)? Do we have to leave Australia or is there some sort of bridging visa until the 143 is decided upon? Thanks.

[rammygirl]

If you make a valid application for a new vis whilst in Australia a bridging visa will automatically be put in place and will activate when your current visa runs out.  Provided of course you make the application whilst the current visa is active. 
 

Have you considered all possible pathways and discussed pros and cons with an agent? 
 

[wrussell]

May I suggest that you consult one of the registered migration agents who posts on this forum for advice about strategy?

[Marisawright]

On 17/11/2022 at 01:44, johnboy100 said:

My wife and I are considering applying for a 173 visa to join our only son, who is now an Australian citizen, and family in Australia. I know the waiting lists are long and costly but we are prepared to give it a go. So, my question is this:  After applying for and hopefully receiving a 173 visa, which I believe lasts for 2 years, we then apply during this 2 year period for a 143 visa to live in Australia permanently, what happens after the 173 visa runs out and before a 143 visa is granted (or probably even looked at given the current waiting times)? Do we have to leave Australia or is there some sort of bridging visa until the 143 is decided upon? Thanks.

@johnboy100, as far as I know, you can't apply for a 143 visa while you are in Australia.  You would have to go back to the UK and apply, and then wait there until it's granted (at least 13 years). Here is the calculator:

https://www.gm-parent-visas.com/visa-processing-time-calculator/

You can travel back and forth to Australia on holidays while you wait (on ordinary tourist visas), but you can't live here. 

I think what you are planning is to apply for a temporary parent visa (I'm not sure the 173 is the best choice), then move to Australia, then apply for an onshore partner visa (864) while you are here.  You would be granted a bridging visa, which would come into effect when the temporary visa runs out.   The bridging visa would let you stay in Australia until the 864 visa is granted, however many years that may take.

You do need to be aware that you'll be living on the bridging visa for a long time and there are several downsides.  Although you are living in Australia, you remain just a visitor with none of the rights and benefits of a permanent resident.  

 

[wrussell]

May I suggest that you consult one of then registered migration agents who posts on this forum for a case assessment?

[LindaH27]

On 23/11/2022 at 10:54, Marisawright said:

@johnboy100, as far as I know, you can't apply for a 143 visa while you are in Australia.  You would have to go back to the UK and apply, and then wait there until it's granted (at least 13 years). Here is the calculator:

https://www.gm-parent-visas.com/visa-processing-time-calculator/

You can travel back and forth to Australia on holidays while you wait (on ordinary tourist visas), but you can't live here. 

I think what you are planning is to apply for a temporary parent visa (I'm not sure the 173 is the best choice), then move to Australia, then apply for an onshore partner visa (864) while you are here.  You would be granted a bridging visa, which would come into effect when the temporary visa runs out.   The bridging visa would let you stay in Australia until the 864 visa is granted, however many years that may take.

You do need to be aware that you'll be living on the bridging visa for a long time and there are several downsides.  Although you are living in Australia, you remain just a visitor with none of the rights and benefits of a permanent resident.  

 

This is incorrect. You CAN apply onshore for 143 you just don’t get a bridging visa to stay. 

[Marisawright]

8 hours ago, LindaH27 said:

This is incorrect. You CAN apply onshore for 143 you just don’t get a bridging visa to stay. 

 

Thanks for the correction.  It doesn't make a difference to @johnboy100 though, because I assume he's looking for a way to stay in Australia after the 173 expires, and applying for the 143 won't give him that, because there's no bridging visa.

[LindaH27]

26 minutes ago, Marisawright said:

Thanks for the correction.  It doesn't make a difference to @johnboy100 though, because I assume he's looking for a way to stay in Australia after the 173 expires, and applying for the 143 won't give him that, because there's no bridging visa.

He can make an application to upgrade to 143 at any time before the two years is up -  even straightaway after grant of 173-  so yes he can apply in Australia whilst on the 173 and can therefore remain in Australia until 143 is granted. . Currently it appears to only take around 6 months to upgrade. However getting the 173 will take time as it’s in the same queue as 143 so there’s no point in doing it that way because it will take longer and cost more than just going directly for 143 so best to go straight for 143 - or 804 /864 if old enough. 

Edited November 26, 2022 by LindaH27

[Alan Collett]

As Westly has said, a conversation with a registered migration agent to discuss strategy would most probably be a worthwhile exercise.

Best regards.

[Alan Collett]

On 27/11/2022 at 07:41, Marisawright said:

Thanks for the correction.  It doesn't make a difference to @johnboy100 though, because I assume he's looking for a way to stay in Australia after the 173 expires, and applying for the 143 won't give him that, because there's no bridging visa.

A BV is granted to subclass 173 visa holders who apply onshore for a subclass 143 visa.

Best regards.

[johnboy100]

Thanks everyone for the information. I think a chat with a specialist migration agent might be the way to go. I should have added that my wife and I are both 63 years old so a few more years until the aged parent visa possibilities kick in (if they are still around by then), and too old to have any realistic chance of getting an employment visa. We are visiting Australia next week for Xmas and NY so will chat through with our son and family too, to get his perspective.

[Marisawright]

19 hours ago, Alan Collett said:

A BV is granted to subclass 173 visa holders who apply onshore for a subclass 143 visa.

Best regards.

That is bonkers. Surely it's an offshore visa?

[LindaH27]

11 minutes ago, Marisawright said:

That is bonkers. Surely it's an offshore visa?

As always 143 can be applied for on or offshore. As the holder of 173 is already onshore they have two years in which to upgrade to 143. They are not expected to leave in order to apply for 143. According to immi they can use that time to work and save up for the upgrade to 143. If the time is approaching the end of 173 the bridging visa keeps them lawful. It’s always been a two step process. 

Edited November 29, 2022 by LindaH27

[Alan Collett]

1 hour ago, Marisawright said:

That is bonkers. Surely it's an offshore visa?

Maybe you should read the legislation, Marisa ... ?

Best regards.

[wrussell]

Reading the legislation is sound practice, but is not always conclusive. It is possible to finish up in the full high court with 7 wise individuals struggling to place a construction on legislation perpetrated by functionally illiterate clowns (performers in a circus) and the winner is, by 4 to 3... and ignorance of the law is no excuse and so say all of us.