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1 hour ago, LindaH27 said:

You need to check with an agent. Only certain visas allow a partner/child  to be added after lodgement. 

Who will look after your mother in law now if she is no longer caring for her sister? 

I thought the parent visa was one that would not allow a partner to be added afterwards. There was a loophole whereby one parent was getting the visa then was getting a partner/spouse visa on afterwards which saved them a lot of money. That was stopped several years ago making it impossible to obtain a partner/spouse visa if you’ve acquired your visa by way of a parent visa 

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2 hours ago, Majhar said:

I checked that information she can still be added to the application prior to the application finalisation she needs to filled form 1436. But I was thinking should we consider that or just leave as it is. As case officer didn’t asked anything related to this in the requested documents! 

If you lewve it as it is surely she wont be going to Oz then as you said she was added as a non migrating dependant (well you initially said she wasn’t on the application at all) so I would assume if she wants to get a visa she needs adding. Best to check with an agent. What’s your brother in law doing at the moment? If he was 17 in August 2015 he must be 20/21? is he working now?

Edited by Tulip1
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864 visa 

 

Hi folks, 

does anyone know if we apply for an 864 visa onshore whether my mil will have to stay in Oz while it’s being assessed? Or is she able to travel back to Scotland after we lodge the application?

Also, at what point is the contribution payable? Only once the visa is granted? 

 

TIA 

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As I said  in an earlier post this is an onshore visa and she will be given a bridging visa A to stay in Australia. If she wishes to return to Scotland she would have to apply and pay for bridging visa B which needs a very good reason (death in family etc) and is usually granted only for a few months. If she left Australia without this visa she wouldn’t  be able to return. 

Again the bulk of the charges are taken  just before the final grant of visa 

For reference please see this 

https://www.gm-parent-visas.com/parent-visas/contributory-aged-parent-subclass-864/

Given that the processing times and charges are now very similar to 143,  that may be a better option if she wishes to return to Scotland whilst the visa is being processed as 143 can be applied for on and offshore and would have to be off shore when visa is granted. Once 143 application is lodged she could still apply for 600 visa which can be granted for up to three years and would allow her to stay for 12 months out of any 18 months, so she could still spend a substantial amount of time in Australia with you. 

The 864 is now no longer quicker or cheaper  than the 143  - the only thing in its favour is the fact that you stay in Australian on bridging visa whilst application is processed. But obviously she wouldn’t be able to just travel as and when she wanted on that one. 

If she applied for 143 she could still apply later this year for the new temporary parent visa whilst waiting. That would cost  $5000 for 3 years and $10000 for 5 years in which she could stay in Australia but she could come home as and when she wished. It’s mandatory to have private health insurance for that. So that may be another option for her . 

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2 hours ago, Lulu said:

does anyone know if we apply for an 864 visa onshore whether my mil will have to stay in Oz while it’s being assessed? Or is she able to travel back to Scotland after we lodge the application?

No, she can't travel back - she'll be stuck in Australia until the visa is granted.  She can apply for a visa to be allowed to leave Australia briefly, but I believe she has to provide a specific pressing reason (not just wanting to go back to visit friends), and there's no guarantee she'd get it.  

Edited by Marisawright
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25 minutes ago, LindaH27 said:

As I said  in an earlier post this is an onshore visa and she will be given a bridging visa A to stay in Australia. If she wishes to return to Scotland she would have to apply and pay for bridging visa B which needs a very good reason (death in family etc) and is usually granted only for a few months. If she left Australia without this visa she wouldn’t  be able to return. 

Again the bulk of the charges are taken  just before the final grant of visa 

For reference please see this 

https://www.gm-parent-visas.com/parent-visas/contributory-aged-parent-subclass-864/

Given that the processing times and charges are now very similar to 143,  that may be a better option if she wishes to return to Scotland whilst the visa is being processed as 143 can be applied for on and offshore and would have to be off shore when visa is granted. Once 143 application is lodged she could still apply for 600 visa which can be granted for up to three years and would allow her to stay for 12 months out of any 18 months, so she could still spend a substantial amount of time in Australia with you. 

The 864 is now no longer quicker or cheaper  than the 143  - the only thing in its favour is the fact that you stay in Australian on bridging visa whilst application is processed. But obviously she wouldn’t be able to just travel as and when she wanted on that one. 

If she applied for 143 she could still apply later this year for the new temporary parent visa whilst waiting. That would cost  $5000 for 3 years and $10000 for 5 years in which she could stay in Australia but she could come home as and when she wished. It’s mandatory to have private health insurance for that. So that may be another option for her . 

If the 600 visa has a no further stay condition attached then as far as I know you cannot apply for a visa on shore? This must be checked out with an MA, if I am right then the onshore strategy will only be viable if the 600 visa comes without this condition.

Is there absolute proof yet that the 864 visa onshore processing time is aligned to the 143 visa? as I thought someone who had applied for the 864 visa in November 2016 posted recently that they had been contacted by a CO? 

I wonder if as immigration appears to be making it harder to apply for a partner visa onshore, then they might do the same for an onshore parent visa application. 

The cost of the 143 and 864 has been the same price since we first considered applying years ago. The bridging visa A doesn’t kick in until the visitor visa ends. 

We have changed from the 864 to the 143 pathway for 410/405 visa holders applied for onshore. I doubt we will have to go offshore when this is granted as Australia is our home, we might be a special case?

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She could apply for offshore 143 then travel on 600 visa. As for similar processing times etc please see https://www.gm-parent-visas.com/about-us/blog/page/3/

I’m sadly of the opinion that, as Australia feels there are too many people there on bridging visas already, that they will get rid of onshore applications. Similar to the changes coming for partner visas. In fact I’d go further and say I can see them stopping all non contributory visas. This was mentioned in their reports - that they might only be valid for absolutely compelling and compassionate reasons. 

Its definitely going to get harder and take longer especially as a parent to get PR in Australia 

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13 minutes ago, LindaH27 said:

She could apply for offshore 143 then travel on 600 visa. As for similar processing times etc please see https://www.gm-parent-visas.com/about-us/blog/page/3/

I’m sadly of the opinion that, as Australia feels there are too many people there on bridging visas already, that they will get rid of onshore applications. Similar to the changes coming for partner visas. In fact I’d go further and say I can see them stopping all non contributory visas. This was mentioned in their reports - that they might only be valid for absolutely compelling and compassionate reasons. 

Its definitely going to get harder and take longer especially as a parent to get PR in Australia 

They certainly need to look at it. Old people visit family in a ‘holiday’ and apply and take root, it surely shouldn’t be this easy. 

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20 hours ago, CEJ said:

Put anything in subject except "Test" and you will get one. 

I used to write Test as I read to do that ages ago and worked all the time. 

Now it appears that they've changed their system so I sent one with Visa as the subject and it worked 😁

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On 03/02/2019 at 19:33, Marisawright said:

No, she can't travel back - she'll be stuck in Australia until the visa is granted.  She can apply for a visa to be allowed to leave Australia briefly, but I believe she has to provide a specific pressing reason (not just wanting to go back to visit friends), and there's no guarantee she'd get it.  

Thank you 

it seems wait times vary from 3 to 6 year’s which is fine (all her children & grandkids are here) 

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On 03/02/2019 at 18:44, LindaH27 said:

As I said  in an earlier post this is an onshore visa and she will be given a bridging visa A to stay in Australia. If she wishes to return to Scotland she would have to apply and pay for bridging visa B which needs a very good reason (death in family etc) and is usually granted only for a few months. If she left Australia without this visa she wouldn’t  be able to return. 

Again the bulk of the charges are taken  just before the final grant of visa 

For reference please see this 

https://www.gm-parent-visas.com/parent-visas/contributory-aged-parent-subclass-864/

Given that the processing times and charges are now very similar to 143,  that may be a better option if she wishes to return to Scotland whilst the visa is being processed as 143 can be applied for on and offshore and would have to be off shore when visa is granted. Once 143 application is lodged she could still apply for 600 visa which can be granted for up to three years and would allow her to stay for 12 months out of any 18 months, so she could still spend a substantial amount of time in Australia with you. 

The 864 is now no longer quicker or cheaper  than the 143  - the only thing in its favour is the fact that you stay in Australian on bridging visa whilst application is processed. But obviously she wouldn’t be able to just travel as and when she wanted on that one. 

If she applied for 143 she could still apply later this year for the new temporary parent visa whilst waiting. That would cost  $5000 for 3 years and $10000 for 5 years in which she could stay in Australia but she could come home as and when she wished. It’s mandatory to have private health insurance for that. So that may be another option for her . 

Thank you Linda (I had posted about 804 in previous post but after much research we have decided this is too risky & there seem to be a lot of hidden costs). 

She is not concerned about going back to Scotland as all her immediate family are here (just wondered whether she could go back to live while it’s being processed but she’d rather be here) 

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She could go back for what needs to be a very pressing reason but would be time limited.   

Having reread your post you did actually ask question about 864 as well which is why I answered as I did  

Ive seen and heard stories where it’s not as easy as people think. Because if you sell up and get rid of all UK ties before going to Australia on a “holiday” visa you'd have a hard time convincing immigration that you were a genuine visitor and could end up being refused entry and a possible 3 year ban on returning. And nowhere to live in UK  

Also Australia could -and has in the past without warning - decide to revoke some on shore visas and people who have been living in Australia for years have been told to leave  

Some agents have apparently been told that 864 visas are going to be similar to 143 in terms of time spent processing them and expected times for applications being lodged now are expected to be in excess of 6 years, Ive seen 8 and 10 years being quoted  

The processing  times shown on the immi website are for those being processed now ie July 2015 - 3.5 years ago and expect to take another 6 months with AOS etc so July 2015 lodgers are looking at 4 years already when they all thought it would just take 18-24 months  

Since July 2015 the queue (for 173,143,884 and 864)  has leapt dramatically - approx 50,000 now in the contributory queue and the same in the non contributory and with only around 6000 per annum granted in the last couple of years for contributory and 1100 for non contributory it’s evident it’s going to take a long time  

I wish you well but there are quite a few things that could go awry in that time. At the very least by the time she’s top of the list she may fail the medical and would be deported

 Im not trying to put you off just trying to show you the potential problems. Australia is getting more and more frustrated with the numbers of people on bridging visas especially parents as their reports have highlighted that the cost to the Australian tax payer is far too high and that the approx $ 50000 cost of the visa goes nowhere as they are saying it probably nearly 10 times as much with late life medical and care needs. 

 

Edited by LindaH27
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8 hours ago, LindaH27 said:

She could go back for what needs to be a very pressing reason but would be time limited.   

Having reread your post you did actually ask question about 864 as well which is why I answered as I did  

Ive seen and heard stories where it’s not as easy as people think. Because if you sell up and get rid of all UK ties before going to Australia on a “holiday” visa you'd have a hard time convincing immigration that you were a genuine visitor and could end up being refused entry and a possible 3 year ban on returning. And nowhere to live in UK  

Also Australia could -and has in the past without warning - decide to revoke some on shore visas and people who have been living in Australia for years have been told to leave  

Some agents have apparently been told that 864 visas are going to be similar to 143 in terms of time spent processing them and expected times for applications being lodged now are expected to be in excess of 6 years, Ive seen 8 and 10 years being quoted  

The processing  times shown on the immi website are for those being processed now ie July 2015 - 3.5 years ago and expect to take another 6 months with AOS etc so July 2015 lodgers are looking at 4 years already when they all thought it would just take 18-24 months  

Since July 2015 the queue (for 173,143,884 and 864)  has leapt dramatically - approx 50,000 now in the contributory queue and the same in the non contributory and with only around 6000 per annum granted in the last couple of years for contributory and 1100 for non contributory it’s evident it’s going to take a long time  

I wish you well but there are quite a few things that could go awry in that time. At the very least by the time she’s top of the list she may fail the medical and would be deported

 Im not trying to put you off just trying to show you the potential problems. Australia is getting more and more frustrated with the numbers of people on bridging visas especially parents as their reports have highlighted that the cost to the Australian tax payer is far too high and that the approx $ 50000 cost of the visa goes nowhere as they are saying it probably nearly 10 times as much with late life medical and care needs. 

 

My son was caught up with several retrospective changes while studying here. Apparently many students had been rorting the system and there was a clamp down. Thousands of students who had already lodged their applications, were  left in limbo on bridging visas for years for PR. 3 years in his case, before some lucky ones got  PR, thousands of applications were cancelled and students were sent home. It was verging on cruel as all applications were lodged, paid for, had to be front loaded with all checks in place, but  all were on bridging visas. Unusual to affect so many potential immigrants but it did happen. 2008 or 2010? Can’t remember. Haven’t heard of it happening to many onshore ones? unless you are on a bridging visa then you are always vulnerable.

Another potential concern if hoping to apply for an onshore visa for is if the 8503 condition (no further stay) is on the visitor visa. Not sure how suspicious immigration would be of a parent on a visitor visa unless you volunteer your intention to stay?

Alan Collett has posted that there is a visa that can potentially be applied for if after years here you fail your medical?

 

Edited by ramot
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On one of my regular annual visits I was stopped at passport control in Sydney and taken to one side. I was left without any conversation  for a long time so I had no idea what was wrong. I was on my own as I’m a widow and I was getting very worried as was my daughter and her family waiting for me.  Eventually  they came to tell me I didn’t have a visa to enter Australia! 

Luckily I had printed out a copy of my visitor visa and showed it to them then they took it away and  left me again to carry out further checks. Eventually they let me in! 

Nobody  there is  exactly sure how it happened but my online visa application and acceptance were not showing up on their system ! I guess my previous visits complying with exit dates etc went in my favour 

its an experience  I don’t want to go through again after travelling for 28 hours and then faced with being refused entry and put back on a plane to the UK.  Probably falls into one of those strange but true stories!! 

Ever since then  I’ve been scrupulous about ensuring  I’ve done everything correctly and always carry printout copies of anything and everything to do with legal entry to Australia  

Whilst agents do help with 864 applications,  to cover themselves they always stress that you should  enter as a genuine “visitor “ who decides once they’ve been ashore for a while that they want to stay  - I think that’s why Australia make it harder to leave and return necessitating a BVB to stop people from seeing it as a valid option to get to remain  in Australia whilst popping back and forth to sell houses and visit friends etc  whilst waiting. I’ve also heard stories of immigration questioning people about their intentions during their stay. In Australia. 

Of course lots of parents have done it in the past  - I’m just being cautious as I really think we will see some clampdowns in the future as Australia continues to downsize the level of immigration  

immigration is a hot topic for so many countries now -  and obviously one of the reasons for Brexit in UK and for the decision to close the parent visa in New Zealand, where you had to show a high level of funding and didn’t allow dependants - just purely for parents.

  

 

 

 

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57 minutes ago, LindaH27 said:

On one of my regular annual visits I was stopped at passport control in Sydney and taken to one side. I was left without any conversation  for a long time so I had no idea what was wrong. I was on my own as I’m a widow and I was getting very worried as was my daughter and her family waiting for me.  Eventually  they came to tell me I didn’t have a visa to enter Australia! 

Luckily I had printed out a copy of my visitor visa and showed it to them then they took it away and  left me again to carry out further checks. Eventually they let me in! 

Nobody  there is  exactly sure how it happened but my online visa application and acceptance were not showing up on their system ! I guess my previous visits complying with exit dates etc went in my favour 

its an experience  I don’t want to go through again after travelling for 28 hours and then faced with being refused entry and put back on a plane to the UK.  Probably falls into one of those strange but true stories!! 

Ever since then  I’ve been scrupulous about ensuring  I’ve done everything correctly and always carry printout copies of anything and everything to do with legal entry to Australia  

Whilst agents do help with 864 applications,  to cover themselves they always stress that you should  enter as a genuine “visitor “ who decides once they’ve been ashore for a while that they want to stay  - I think that’s why Australia make it harder to leave and return necessitating a BVB to stop people from seeing it as a valid option to get to remain  in Australia whilst popping back and forth to sell houses and visit friends etc  whilst waiting. I’ve also heard stories of immigration questioning people about their intentions during their stay. In Australia. 

Of course lots of parents have done it in the past  - I’m just being cautious as I really think we will see some clampdowns in the future as Australia continues to downsize the level of immigration  

immigration is a hot topic for so many countries now -  and obviously one of the reasons for Brexit in UK and for the decision to close the parent visa in New Zealand, where you had to show a high level of funding and didn’t allow dependants - just purely for parents.

  

Everyone on bridging visa A has to apply for bridging visa B if they want to leave the country, it is not a condition only for 864 applicants.

Sorry you had a worrying time with immigration, it did happen to a friend of mine who was on the 3 month by 3 month visa, when she returned to Oz from visiting NZ. hopefully these were isolated incidents. but I wonder if you visit regularly you raise concerns? Or just a hiccup. We carry a copy of our visa as well to be on the safe side, never needed it yet in 16 years.

I agree with you I do wonder if there will be a tightening up on parent visas as there were for the student visas. Logically it must become unsustainable for the country to have so many of us here, especially as the numbers of us wanting to live here have increased so dramatically. For instance on our retirement visa we have to be totally self funded with a special mention of no entitlement to Medicare, even though lots of us come from countries with reciprocal agreements. Might be the way to go?

Lets hope we scrape in!!! I know we are theoretically safe on our visa, but it is temporary and once we became eligible I wanted the security of PR.

 

 

 

 

 

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@ramot although it’s not a nice experience I’m glad to hear I wasn’t the only one with the entry problem with no apparent visa! 

I don't know  if regular visits attract more more concern, I usually go over most years for 3 months during aUK winter - In this case  I think that because it’s a digital visa attached to your passport number rather than a paper visa and for whatever reason it obviously didn’t  come up when they scanned my passport at passport control. 

More worrying,  there was  another older lady on my flight too who also got pulled over.  On talking to her afterwards as we left she said she did have a visa but wondered whether the problem was that she had an Irish passport. 

Or was it simply that we were both older and on our own and they were double checking - who knows??

Yes I also think Australia is considering increasing VAC at some unknown point in the future and making it conditional on having private health insurance - that would slow the rate of applications eventually but make no impression on current lodgements as unless they make a retrospective legal change the 2nd VAC stays at the rate it was when you apply. They could change it legally and retrospectively if they wanted to I guess! 

The reason the queue first jumped up around 2104/15 is because the govt of the day ended the 804. This caused a surge into the contributory visa as agents were warning of this and also of potential big increases in VAC. 

Following  protests the 804 was eventually  brought back but that and the attempted changes to AOS last year and the review being carried out now on reducing 99 visas to just 10, well, to my mind that just proves how spooked they are by the increasing numbers of would be immigrants and are definitely looking to curtail them - and I also think they would target bridging visas as well, as it’s costly for them, and make people wait offshore. They’re going to do something like this with the partner visas from June.  Partners are the biggest numbers in the family stream - and they are obviously starting to curtail them both applying  and waiting  onshore - are parent visas next? 

Also the new temporary parent visa is far more expensive than the original Lobbyists expected - and more restrictive in its insistence on time limitations and private health insurance  

Only my opinion though! 

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