Assurance of support refund question

[Guest caterham]

Hi, has anyone, having a Parental Visa returned to the Uk and claimed the AOS bond back,before the time had elapsed (10 years)? I am getting conflicting answers from Centerlink (when I can eventually get through)on how to do this, and wondered if anyone can offer any advice.

Cheers John

[Guest Gollywobbler]

Hi John

 

Welcome to Poms in Oz.

 

The circumstances in which Centrelink must consider releasing the Bond are set out in the link below:

 

9.4 Assurance of Support Scheme

 

9.4.6 sets out the situations in which the Bond would *normally* be released.

 

The assuree (or indeed the whole family) changing their minds about Oz and returning to the UK would not upset the Bond because the visas will remain valid. Because of that the family could change their minds again and return to Oz at any time.

 

The amount of time which the family have between them spent in Oz would also be relevant because if close links to Oz have been maintained in some way then Resident Return Visas might well be possible in the future even if the relevant people have not spent enough time in Oz to qualify for an RRV automatically:

 

Five Year Resident Return Visa (Subclass 155)

 

The only possibilty I can think of immediately would be to try to kill the Contributory Parent Visa by applying for and being granted a tourist visa. In theory the grant of a tourist visa would cancel the CPV automatically. In practice - with so much money plus the right to reside in Oz permanently at stake - I reckon DIAC's policy people would come up with a reason for finding that their own staff should not have granted the tourist visa, ergo it is DIAC's mistake, ergo the CPV was not cancelled by the later - mistaken - grant of another visa.

 

It is also such a drastic remedy that I absolutely would NOT recommend it just in case you do change your minds later on.

 

With Australia in recession and increasing numbers of the children of CPV holders struggling with redundancy etc, we are now beginning to see the phenomenon of "Ping Pong Parents."

 

There are very, very convincing stats which demonstrate that a high number of new migrants to Oz do not settle easily and quickly. Something like 25% return to their countries of origin. There is very convincing evidence that the ones who dump Oz do so within 2 years of moving there.

 

However something like 40% of the ones who dump Oz fairly rapidly change their minds again and return to Oz later on. Sometimes they do this 3 or 4 times over a period of a decade or so until they are eventually able to decide what they want in the long term.

 

DIAC are immensely sympathetic towards Ping Pongs. Their policy is not to put any pressure on the people concerned. It is a huge move, the transition is very difficult for some, may take several years etc. DIAC tend to be steadfastly loyal to the people they have accepted for PR in Oz, taking the pragmatic view that Australia is not going anywhere and giving people endless time in which to make up their minds.

 

If I were a DIAC Manager I would instruct my staff not to grant a tourist visa to a CPV holder. I would contact the Parent myself and point out that s/he does not need any other vsa for Oz, ergo no reason to grant an unnecessary tourist visa and so I would decline to grant it, potentially protecting a distressed Parent from him/herself even though s/he probably wouldn't thank me for my decision at that point in time.

 

Please tread very, very carefully with this, hon.

 

If I can help in any way, please don't hesitate to send me a Private Message or to e-mail me as you prefer. You can do either simply by clicking on my user-name to the left of this post. A drop down menu will appear. Just click on whichever option you prefer.

 

Best wishes

 

Gill :hug: