Help- Subclass 836 carer visa

[kikice]

Hi all

A friend of mine has applied from turist visa to carer 836 subclass. She has dependant aged 6 and needs to start school. Does she need pay public school fee as international student or is it free for dependant under this subclass? Thank you in advance.

[Quoll]

The website says it’s taking around 7 years for carer visa approval so one would assume that she and her dependent would be on a bridging visa with the same conditions as the visa they arrived on in which case education would not be free. However if the carer visa is approved then education would cost the same as it costs any other Australian child.  Proving that someone needs a carer and there are no other services available is going to be a difficult task.

[Ausvisitor]

Of course it's not free. Education is a massive cost to the taxpayer and the family we are talking about entered Australia as tourists.

I'm frankly amazed at what people think is free from a country that you've just turned up in.

Most Australian families don't pay enough tax to cover the education their kids get. If they start giving it out to free to everyone the tax burden will get even greater.

 

(Note - I might be feeling a little sore as I just had a chat with my accountant and it appears after 2 years on a 190 visa I've already given the AUS taxman over 250k in tax and as my kids are still in the UK doing their uni over there I'm struggling to see what I got out of that 250k)

[wrussell]

Whether there are school fees depends on the state. Sometimes there is no charge.

[kikice]

Thank you

Edited May 29 by kikice

[kikice]

On 27/05/2024 at 14:27, wrussell said:

Whether there are school fees depends on the state. Sometimes there is no charge.

Thank you for your reply. Sorry, what do you mean " sometimes there is no charge"? Is there any chance the child gets free schooling? Can you advise me?

Thank you in advance.

[Marisawright]

2 hours ago, kikice said:

Thank you for your reply. Sorry, what do you mean " sometimes there is no charge"?

It depends which state you are in.

[kikice]

10 hours ago, Marisawright said:

It depends which state you are in.

They are in Victoria. Which state offers free schooling? Thank you

 

[Nemesis]

2 hours ago, kikice said:

They are in Victoria. Which state offers free schooling? Thank you

 

So just to clarify, she is currently on a tourist visa in Victoria?

Remember, even if the schooling is nominally free. there are still many requirements to meet, such as books, uniform, "voluntary" contributions etc. It can still add up to a few thousand dollars.

[Quoll]

10 hours ago, kikice said:

They are in Victoria. Which state offers free schooling? Thank you

 

It offers free schooling to those permanent and temporary residents.  Tourists dont get free schooling and on a bridging visa she would have the same conditions as her visa of entry - those on tourist visas usually get 12 weeks but according to this from the application form, those conditions are extended if the student is on a bridging visa.  As the processing time for carers visa now extends into years, there will be a period on a  bridging visa I would have thought.  I think they are charged international fees.

Temporary students on Bridging Visa enrolments are automatically extended and invoiced beyond the initial enrolment end date outlined above, as the vast
majority of students study beyond the initial enrolment period. Please advise IED at international.school.support@education.vic.gov.au towards the end of the
enrolment period if the student is not extending their stay in school.

 

[wrussell]

We are in the middle of opening a new office and will not have reliable internet for a week or so. For visa applicants sponsored into NSW for permanent residence by an Australian citizen school fees do not apply. Principals who make decisions about fees are not all aware of this and have to be formally advised.

[kikice]

14 hours ago, Nemesis said:

So just to clarify, she is currently on a tourist visa in Victoria?

Remember, even if the schooling is nominally free. there are still many requirements to meet, such as books, uniform, "voluntary" contributions etc. It can still add up to a few thousand dollars.

They are on a bridging visa at the moment ( they came on a tourist visa and applied for a carer visa). They asked some public schools near them, and the fee is $300 per week. Just to mention, the parents have no right to work. They all four live from their relative/sponsor's disability pension.

[Jon the Hat]

33 minutes ago, kikice said:

They are on a bridging visa at the moment ( they came on a tourist visa and applied for a carer visa). They asked some public schools near them, and the fee is $300 per week. Just to mention, the parents have no right to work. They all four live from their relative/sponsor's disability pension.

This sounds unsustainable even without school fees.

[Toots]

1 hour ago, kikice said:

They are on a bridging visa at the moment ( they came on a tourist visa and applied for a carer visa). They asked some public schools near them, and the fee is $300 per week. Just to mention, the parents have no right to work. They all four live from their relative/sponsor's disability pension.

If they are living on the relative/sponsor's disability pension surely it would be less expensive for the disabled person to get help from here in Australia.  I have very elderly neighbours who get help with house cleaning and a nurse coming to the house etc.  They don't rely on family or relatives for help.  I'm not sure how that all works though.

[Marisawright]

3 hours ago, Toots said:

If they are living on the relative/sponsor's disability pension surely it would be less expensive for the disabled person to get help from here in Australia. 

I agree.  I'm guessing the real motive is not for the sponsor's benefit but for the family. They think they have a chance of a better life in Australia if they can get the visa.  However as Quoll points out, the waiting time for the visa is at least 7 years, and that's a long time to survive without being able to work, and having to pay school fees.   

Also there's always the chance that the visa will be rejected.

[Nemesis]

10 hours ago, kikice said:

They are on a bridging visa at the moment ( they came on a tourist visa and applied for a carer visa). They asked some public schools near them, and the fee is $300 per week. Just to mention, the parents have no right to work. They all four live from their relative/sponsor's disability pension.

Of course they have no work rights, they arrived as tourists. Same with regard to school fees. Sorry if this sounds harsh, but just imagine if everyone who fancied living in Australia arrived as a tourist and applied for something else on which they knew it would take years to get a decision, and immediately became eligible for work rights and free education.

Living on the sponsor's pension? Thats not going to be sustainable, just how did they expect to live for the next few years?

For a start I don't imagine the Australian tax payer would be too happy, and a lot of them are anti-immigration already.

When you apply for a visa like this and go on to a long-term bridging visa you need to accept the limitations - or go home and wait for the grant from there. 

Edited May 31 by Nemesis

[paulhand]

2 hours ago, Nemesis said:

Of course they have no work rights, they arrived as tourists. Same with regard to school fees. Sorry if this sounds harsh, but just imagine if everyone who fancied living in Australia arrived as a tourist and applied for something else on which they knew it would take years to get a decision, and immediately became eligible for work rights and free education.

Bridging visas to all the following visas have nil conditions when applied for when holding a visitor visa (i.e. do have work permission):

(i) Subclass 801 (Partner) visa;

(ii) Subclass 804 (Aged Parent) visa;

(iii) Subclass 820 (Partner) visa;

(iv) Subclass 864 (Contributory Aged Parent) visa; and

(v) Subclass 884 (Contributory Aged Parent (Temporary)) visa.

(a)  a Business Skills — Business Talent (Permanent) (Class EA) visa; or  

(b)  a Business Skills (Provisional) (Class EB) visa; or 

(c)  a Business Skills (Permanent) (Class EC) visa; or 

(d)  an Employer Nomination (Permanent) (Class EN) visa; or 

(da)  a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or 

(db)  a Skilled Work Regional (Provisional) (Class PS) visa; or 

(e)  a Regional Employer Nomination (Permanent) (Class RN) visa; or 

(f)  a Skilled — Independent (Permanent) (Class SI) visa; or 

(g)  a Skilled — Nominated (Permanent) (Class SN) visa; or 

(h)  a Skilled — Regional Sponsored (Provisional) (Class SP) visa; or 

(i)  a Skilled (Residence) (Class VB) visa;

[Nemesis]

2 minutes ago, paulhand said:

Bridging visas to all the following visas have nil conditions when applied for when holding a visitor visa (i.e. do have work permission):

(i) Subclass 801 (Partner) visa;

(ii) Subclass 804 (Aged Parent) visa;

(iii) Subclass 820 (Partner) visa;

(iv) Subclass 864 (Contributory Aged Parent) visa; and

(v) Subclass 884 (Contributory Aged Parent (Temporary)) visa.

(a)  a Business Skills — Business Talent (Permanent) (Class EA) visa; or  

(b)  a Business Skills (Provisional) (Class EB) visa; or 

(c)  a Business Skills (Permanent) (Class EC) visa; or 

(d)  an Employer Nomination (Permanent) (Class EN) visa; or 

(da)  a Skilled Employer Sponsored Regional (Provisional) (Class PE) visa; or 

(db)  a Skilled Work Regional (Provisional) (Class PS) visa; or 

(e)  a Regional Employer Nomination (Permanent) (Class RN) visa; or 

(f)  a Skilled — Independent (Permanent) (Class SI) visa; or 

(g)  a Skilled — Nominated (Permanent) (Class SN) visa; or 

(h)  a Skilled — Regional Sponsored (Provisional) (Class SP) visa; or 

(i)  a Skilled (Residence) (Class VB) visa;

Oh I know some visa subclasses do allow automatic working rights wile bridging, but I don't believe the Carer Visa is one of them (and personally I don't believe it should be one of them) and that is the one we are discussing in this thread. So the OP should have been done some research and been prepared for the fact that the working rights would not be there. And should have come with sufficient resources to sustain the family during the wait for a decision.

Of course, they could always appeal to the Department on the grounds of hardship, however then my comment about the Australian taxpayer comes into play!

[Hara]

Hi! Just off the topic, i just want to ask a question on this thread because this is the only recent forum i could find about 836. 
How do you prove that the sponsor could not get any help from any relative or facility in australia? My stepdad is sponsoring my brother to become his carer. BUPA assessment is done but the migration lawyer said we need a document to prove that he cant get any help elsewhere. Where do we get this document? Thanks.

[Tulip1]

4 hours ago, Hara said:

Hi! Just off the topic, i just want to ask a question on this thread because this is the only recent forum i could find about 836. 
How do you prove that the sponsor could not get any help from any relative or facility in australia? My stepdad is sponsoring my brother to become his carer. BUPA assessment is done but the migration lawyer said we need a document to prove that he cant get any help elsewhere. Where do we get this document? Thanks.

I assume you’ve tried extensively to get the help and have evidence to show you’ve been constantly turned down.  Emails from care agencies, local council adult services, social services, age care etc as you need to show evidence you’ve reached out to those that could provide the help needed/signpost you to the help options and you’ve hit a lot of brick walls.  Understandably, immigration need evidence of him trying and not being successful.  

Edited July 2 by Tulip1

[Marisawright]

9 hours ago, Hara said:

Hi! Just off the topic, i just want to ask a question on this thread because this is the only recent forum i could find about 836. 
How do you prove that the sponsor could not get any help from any relative or facility in australia? My stepdad is sponsoring my brother to become his carer. BUPA assessment is done but the migration lawyer said we need a document to prove that he cant get any help elsewhere. Where do we get this document? Thanks.

I think he would be looking for a letter from MyAgedCare, which is the central point for all aged care services in Australia, to show that he's been assessed by them and been rejected.

Edited July 2 by Marisawright

[mcdonagh migrations]

9 hours ago, Hara said:

Hi! Just off the topic, i just want to ask a question on this thread because this is the only recent forum i could find about 836. 
How do you prove that the sponsor could not get any help from any relative or facility in australia? My stepdad is sponsoring my brother to become his carer. BUPA assessment is done but the migration lawyer said we need a document to prove that he cant get any help elsewhere. Where do we get this document? Thanks.

Asking the obvious question (that's part of my job )  Shouldn't you be asking - and taking the advice of - the Migration Lawyer / Agent who is looking after your application?  I assume you have verified that they are Registered (you can check them at https://portal.mara.gov.au/search-the-register-of-migration-agents/)?

[Hara]

Ok have consulted a migration agent and this is what she told me. To acquire a document that says i cant get any help from anyone. That’s why I am asking this question and would like to know what other applicants had to provide for this requirement and how they got it. We’ve already done the bupa assessment. 

[Toots]

17 minutes ago, Hara said:

Ok have consulted a migration agent and this is what she told me. To acquire a document that says i cant get any help from anyone. That’s why I am asking this question and would like to know what other applicants had to provide for this requirement and how they got it. We’ve already done the bupa assessment. 

It's hard to believe you can't get any help here in Australia.  There are all sorts of agencies here offering various supports of one kind or another.  Have you no family here who can help?

[Marisawright]

1 hour ago, Hara said:

Ok have consulted a migration agent and this is what she told me. To acquire a document that says i cant get any help from anyone. 

Did you just have a free consultation with the agent, or did you hire her to manage the case for you?  If it was a free consultation then it was just very general advice. I don't think you can get one document that proves he can't get help from anyone. 

First of all, how old is the stepdad?  If he's over 65, then you need to check whether he has applied to MyAgedCare to get help.  If he hasn't applied, then he must do that first. Then if they can't help, he can get a letter from them to confirm that.

If he's under 65 then I assume he's disabled.  Then he would need to apply to the National Disability Scheme.  https://www.ndis.gov.au/applying-access-ndis   If they can't help, he can get a letter from them to confirm that. 

Besides that, there are plenty of private companies in Australia who provide support for disabled or elderly people in their own home.  He needs to prove that either he can't afford their fees, or that they can't provide the services he needs.  

Then if he's over 65, he could move into an aged care home.   He needs to show why he can't do that -- whether he can't afford it, or there are no vacancies, or whatever. 

It's natural that you should want to care for your relative personally, but the reality is that if you want to do that, the best option is for your stepdad to move to your country and live with you, rather than the other way around.  It may be difficult to prove that he can't get support in the community in Australia.

Edited July 3 by Marisawright