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19 minutes ago, LindaH27 said:

Not really.   She's waiting for a 804 and she's unable to pass the health requirements.  It's one of the things we're always warning about when people contemplate coming to live in Australia on a bridging visa

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1 hour ago, LindaH27 said:

It always amazes me when the family seem shocked that this has happened. She was on a bridging visa until such time she could get a permanent visa which requires you to pass a medical.  She’s failed it and as such cannot get the visa.  She was in her early 80’s when she went on holiday and suddenly decided to stay. They probably thought the visa takes so long she is very unlikely to be around to worry about passing the medical.  However she is and the criteria needs to be met. They’d all have known that as everyone does.  It’s a great shame of course and I’m sure she’ll somehow manage to stay there but she shouldn’t expect more than what others get, the rules are the rules.  

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I agree ..... it’s very sad but as you say rules are rules. If the family pay for her care perhaps they will let her live the short time she has left in Australia.... but the Australian people shouldn’t have to foot the bill for her care as she doesn’t meet the visa requirements. We all have to wait and see if we meet the health requirements and as we are all getting older we are mor susceptible to health problems. Very sad situation.

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4 minutes ago, Jellybean T said:

I agree ..... it’s very sad but as you say rules are rules. If the family pay for her care perhaps they will let her live the short time she has left in Australia.... but the Australian people shouldn’t have to foot the bill for her care as she doesn’t meet the visa requirements. We all have to wait and see if we meet the health requirements and as we are all getting older we are mor susceptible to health problems. Very sad situation.

What worries me somewhat is that I wonder if they did know the rules.  I'm noticing more and more people on these forums, coming to Australia on bridging visas because the wait for the parent visa is so long.   And they don't seem to have much clue what the risks are.    It particularly worries me that one migration agent said it wasn't his job to point out the financial and other downsides, they just advise what visas they can get. So I wonder how many people have no idea this kind of thing could happen.

Edited by Marisawright
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1 hour ago, canemk said:

Thank's for your information. Do you have a number for the end of June 2017, please?

.......As at 30 June 2018, 48,595 applicants remain in the pipeline, an increase of 8.3 per cent compared to the pipeline of 44,886 applicants as at 30 June 2017

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An added concern is that even if this lady was sent back to the UK - would she even qualify for NHS care?  As I understand it, if you have lived outside the UK for over a certain length of time there is a qualifying period for eligibility on returning.  

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2 hours ago, LindaH27 said:

The question is how has she lived here for 11 years? What visa was she on?

Sorry Just read she applied for onshore 804, this wasn’t in the original article that I read. she must have been 82 then, so bearing in mind how long this visa takes to get, she was taking a big chance with being healthy enough to pass. 

There is a visa that Alan Collett has mentioned that might help.

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3 hours ago, Sadge said:

An added concern is that even if this lady was sent back to the UK - would she even qualify for NHS care?  As I understand it, if you have lived outside the UK for over a certain length of time there is a qualifying period for eligibility on returning.  

If she returns to live in the UK she qualifies for NHS care from the date of her return. Any other benefits may have a waiting period.

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12 hours ago, Tulip1 said:

It’s a great shame of course and I’m sure she’ll somehow manage to stay there but she shouldn’t expect more than what others get, the rules are the rules.

Agreed to all, rules are rules and if they were just taking a chance. Its unfortunate that this has happened but realistically parents will not be getting any younger and healthier which concerns us as sons-daughters who lovingly want their parents to be with them. 

Out of curiosity if she would have applied for a contributory parent visa in few years of her stay or maybe even last year when her health was getting rally bad. Would the immigration be treating her case as the same? or is just because they are not going to get enough fees as the contributory applicants they are going to be so harsh on her. i know medical test results would have been the same but still she was going to pay huge fees and AOS.

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1 hour ago, Anks said:

Agreed to all, rules are rules and if they were just taking a chance. Its unfortunate that this has happened but realistically parents will not be getting any younger and healthier which concerns us as sons-daughters who lovingly want their parents to be with them. 

Out of curiosity if she would have applied for a contributory parent visa in few years of her stay or maybe even last year when her health was getting rally bad. Would the immigration be treating her case as the same? or is just because they are not going to get enough fees as the contributory applicants they are going to be so harsh on her. i know medical test results would have been the same but still she was going to pay huge fees and AOS.

I don’t know if you are aware of how much it costs to be in residential care in UK but the amount we are paying for a contributory visa would not even cover one years fees. My mother was in residential care and the cost 2 years ago was more than £36,000 a year. That was only residential and not nursing care home. I don’t know the cost in Australia but I’m sure it would be more than UK. Very sad case, I hope she is allowed to stay for the time she has left but the government should not have to foot the bill.

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Hi @Jellybean T, I reckon we both are sad to see this happening for any parents. And now when you have shed more light on the cost of residential care in UK to be so high I am more inclined to think she would have been better off applying for a contributory visa only if she had the opportunity. 😞

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14 hours ago, Marisawright said:

 

What worries me somewhat is that I wonder if they did know the rules.  I'm noticing more and more people on these forums, coming to Australia on bridging visas because the wait for the parent visa is so long.   And they don't seem to have much clue what the risks are.    It particularly worries me that one migration agent said it wasn't his job to point out the financial and other downsides, they just advise what visas they can get. So I wonder how many people have no idea this kind of thing could happen.

Where do you think the scope of a migration agent's advice should end?

Should it cover every eventuality - both known and contingent?

I appreciate that for many seeking advice there are known unknowns and unknown unknowns, but a professional advisor has a PI claim waiting to happen if purporting to give advice beyond an agreed scope.

Best regards,

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15 hours ago, Marisawright said:

 

What worries me somewhat is that I wonder if they did know the rules.  I'm noticing more and more people on these forums, coming to Australia on bridging visas because the wait for the parent visa is so long.   And they don't seem to have much clue what the risks are.    It particularly worries me that one migration agent said it wasn't his job to point out the financial and other downsides, they just advise what visas they can get. So I wonder how many people have no idea this kind of thing could happen.

Where does the hand holding end when applying for a visa? Honestly if when applying you haven’t got the sense to find everything out, so much information is available. Having applied now for 4 different visas between our family, the only thing we expected from an MA was to know that we had given all the necessary information, filled in the forms correctly and were eligible. At no point did we expect him/her to make sure we were aware of potential pit falls. 

We weren’t even on PIO for the first 2, which is a such a great help for applicants to ask their questions.

Edited by ramot
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5 hours ago, Anks said:

Agreed to all, rules are rules and if they were just taking a chance. Its unfortunate that this has happened but realistically parents will not be getting any younger and healthier which concerns us as sons-daughters who lovingly want their parents to be with them. 

Out of curiosity if she would have applied for a contributory parent visa in few years of her stay or maybe even last year when her health was getting rally bad. Would the immigration be treating her case as the same? or is just because they are not going to get enough fees as the contributory applicants they are going to be so harsh on her. i know medical test results would have been the same but still she was going to pay huge fees and AOS.

Doesn’t matter how much you pay unfortunately  -  if you fail the medical that’s it! 

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7 hours ago, Anks said:

Agreed to all, rules are rules and if they were just taking a chance. Its unfortunate that this has happened but realistically parents will not be getting any younger and healthier which concerns us as sons-daughters who lovingly want their parents to be with them. 

Out of curiosity if she would have applied for a contributory parent visa in few years of her stay or maybe even last year when her health was getting rally bad. Would the immigration be treating her case as the same? or is just because they are not going to get enough fees as the contributory applicants they are going to be so harsh on her. i know medical test results would have been the same but still she was going to pay huge fees and AOS.

She would have been treated exactly the same if she’d have applied for the contributory visa.  Many descent hard working people who will give much to the economy get refused a visa because say one of their family members has complex needs that will cost too much. Why then should an old person who’s not paid into the system be treated differently. The family say she has no one back in the UK yet it’s clear she will go into a care home so other then an odd visitor it doesn’t matter where that care home is.  She’s being returned to the UK not some awful place where she’ll be abandoned on the roadside. A shame yes, a shock? No it can’t be 

Edited by Tulip1
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1 hour ago, Tulip1 said:

She would have been treated exactly the same if she’d have applied for the contributory visa.  Many descent hard working people who will give much to the economy get refused a visa because say one of their family members has complex needs that will cost too much. Why then should an old person who’s not paid into the system be treated differently. The family say she has no one back in the UK yet it’s clear she will go into a care home so other then an odd visitor it doesn’t matter where that care home is.  She’s being returned to the UK not some awful place where she’ll be abandoned on the roadside. A shame yes, a shock? No it can’t be 

I believe, if there is a risk that she wouldn't make it back to UK, that there is a medical visa she can apply for.  Her family can go back to be with her in her last days if she goes and if they dont want her to be on her own.  She will still have to pay for her care as long as she has a bean in the bank. 

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If she had less than (I think) £23000 in assets then the UK state would pay for her but whether they would do it as soon as she arrived in UK I don’t know. She may have to prove “habitual residency” - not sure if that’s 3 or 6 months UK residence before claiming any kind of benefit  

 

For what its worth i think in the future we will see many more of these cases. According to some Australian reports there are far too many on bridging visas and obviously as the wait time for all parent visas get longer and longer ( non contributory 103 804 are allegedly heading for 30 years!)more old people will fall into this trap and I can’t see the Australian government just giving them all a blank cheque to stay as they will cost a lot of money.

I’ve suspected for quite some time that bridging visas will mostly be abolished for parents  for this reason - whether it would be a retrospective act I don’t know! 

Edited by LindaH27
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59 minutes ago, LindaH27 said:

If she had less than (I think) £23000 in assets then the UK state would pay for her but whether they would do it as soon as she arrived in UK I don’t know. She may have to prove “habitual residency” - not sure if that’s 3 or 6 months UK residence before claiming any kind of benefit  

 

For what its worth i think in the future we will see many more of these cases. According to some Australian reports there are far too many on bridging visas and obviously as the wait time for all parent visas get longer and longer ( non contributory 103 804 are allegedly heading for 30 years!)more old people will fall into this trap and I can’t see the Australian government just giving them all a blank cheque to stay as they will cost a lot of money.

I’ve suspected for quite some time that bridging visas will mostly be abolished for parents  for this reason - whether it would be a retrospective act I don’t know! 

The amount of bridging visas in use is definitely under scrutiny. Its one reason why they are looking at changing the system for onshore Spouse visas, they want to cut the number of bridging visas drastically.

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