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The Brand New PIO Parents Visa thread

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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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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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4 hours ago, LindaH27 said:

End June 2017 -  End April 2018 had  46745 in queue so end June 2018 probably around 48000

 

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

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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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Applied 8/12/2015...acknowledged 10/12/2015..nothing since.

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Posted (edited)

 

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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Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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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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143 Lodged  21/6/17  acknowledged and first vac paid 7/8/17

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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.  


143 Application Lodged 24th June 2014; Acknowledgement 6th February 2015; Form 80, Police Checks & Medical requested 21st Sept 2016; AOS Lodged 29th November 2016; 2nd VAC paid 16th December 2016; VISA GRANTED 20th December 2016.

Heading to Wollert "The place where possums are found", Victoria (eventually)

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Posted (edited)
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.

Edited by ramot

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Apparently bridging visa A as she applied for 804 - non contributory parent visa 

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143 Lodged  21/6/17  acknowledged and first vac paid 7/8/17

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19 minutes ago, LindaH27 said:

.......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

Thak's.

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Hi, will anyone who has recently been granted a 301 visa please, please let me know as the queue hasn't moved for ages. 

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Posted (edited)

There is no 301 visa? If you mean 309 partner visa you are  better posting on the partner forum as this is a Parent visa forum. 

Try here and click on “start new topic”

 https://www.pomsinoz.com/forum/46-family-partner-visas/

Edited by LindaH27

143 Lodged  21/6/17  acknowledged and first vac paid 7/8/17

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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.


CPV 143 Applied on 05/07/2017

Acknowledged on 16/09/2017

1st Visa Payment made on 16/09/2017

Tourist Visa 600 Applied on 17/09/2017

Tourist Visa Granted 29/09/2017 with 3 years multiple entries and must not arrive after 29/09/2020

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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.


Applied 8/12/2015...acknowledged 10/12/2015..nothing since.

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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. 😞


CPV 143 Applied on 05/07/2017

Acknowledged on 16/09/2017

1st Visa Payment made on 16/09/2017

Tourist Visa 600 Applied on 17/09/2017

Tourist Visa Granted 29/09/2017 with 3 years multiple entries and must not arrive after 29/09/2020

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Posted (edited)
On 18/06/2019 at 00:50, pat and bill said:

Hi, will anyone who has recently been granted a 301 visa please, please let me know as the queue hasn't moved for ages. 

Do you mean a 103 visa?

Best regards.

Edited by MaggieMay24

Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com

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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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Managing Director, Go Matilda Visas - www.gomatilda.com

Registered Migration Agent Number 0102534; Registered Tax Agent (Australia)

Chartered Accountant (UK, and Australia)

T - 023 81 66 11 55 (UK) or 03 9935 2929 (Australia)

E - alan.collett@gomatilda.com

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Posted (edited)
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! 


143 Lodged  21/6/17  acknowledged and first vac paid 7/8/17

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Posted (edited)
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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Posted (edited)

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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143 Lodged  21/6/17  acknowledged and first vac paid 7/8/17

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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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