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George Lombard

Other Family visas: Cutbacks and Delays

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Hi,

 

I have looked into this and yes you can go out on an e-visitor visa then apply for the visa onshore. The LRR onshore visa does NOT allow you to work but once you are there I believe that you can ask the migration office to consider allowing you to work on the basis of "hardship" etc. They do not have to grant this i.e it is at their discretion so no guarantees.

 

But this could be an option for your Son, especially if you could help support him a little.

 

I would have taken this route however I have a very good job here in the UK so dont want to give that up just yet and my parents live in a one bedroom flat so I would need to earn money just to rent.

 

Sleepywombat will be able to provide more information but this is my understanding.

 

Hi Sleepywombat,

 

I have been reading your posts to Frizzy and wonder if I can ask you a couple of questions please? Did you go out to Australia on a visitors visa and then apply onshore for the last remaining relative visa? Are you allowed to work while waiting for the visa? We would like our son to accompany us when we go out after receiving the cpv but if he's not allowed to work it will be a long time to support himself just on his savings. I would be really grateful for any advice you can give me.

 

Cheers Cakey

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Hi

 

Sorry for the delay in replying - Christmas and things took over for a wee while!!

 

I came here on an ETA and applied on-shore for the 835 LRR visa a week later. I applied for working rights at the same time and was asked to complete a hardship form. On this, I explained that I was in the country with virtually no money or assets and that whilst I was planning on residing with my parents and that they were fully understanding in having to support me, I didn't want them to. I wrote on the form that they are 'self-funded retirees (which is the phrase they like as it clarifies that Oz isn't giving them any money!).

 

I was able to start work once the 3 month tourist visa stamp had expired and my Bridging Visa started.

 

One note of caution for this is that your son should keep all copies of all paperwork and record the name of the person who sorts out his Bridging Visa. Once I was allocated my CO, I had to prove that I had been given working rights (right hand/left hand!!). I was able to do this quickly as I had requested a passport label (which they don't give out as a matter of course).

 

I had posted out paperwork prior to me flying as I was worried about getting stopped at customs and trying to prove that I was only on holiday whilst having a suitcase full of my life and discs with my cv on.... I wasn't stopped but I certainly felt more comfortable knowing that my health records, banking paperwork and work references were here waiting for me...

 

I didn't front-load my medical or police checks due to immi being able to date these and then somehow prove that I had entered the country under false pretences...

 

I have had my application in since November 2009 and am still waiting, but at least I am here and working and getting on with my life....

 

Let me know if you need any further help and I will do my best. It's not an easy process emotionally or physically, but it can be done :)

 

Cx

 

Hi,

 

I have looked into this and yes you can go out on an e-visitor visa then apply for the visa onshore. The LRR onshore visa does NOT allow you to work but once you are there I believe that you can ask the migration office to consider allowing you to work on the basis of "hardship" etc. They do not have to grant this i.e it is at their discretion so no guarantees.

 

But this could be an option for your Son, especially if you could help support him a little.

 

I would have taken this route however I have a very good job here in the UK so dont want to give that up just yet and my parents live in a one bedroom flat so I would need to earn money just to rent.

 

Sleepywombat will be able to provide more information but this is my understanding.

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Guest Cakey

Hi Sleepywombat

 

Thank you so much for your reply. It's so good to know that it can be done and such a relief to know that our son can go out with us and fingers crossed hopefully be able to work!

 

Thank you once again

 

Cheers Cakey

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Guest Nina2

Hello George

Thank you to you and All the such useful information re last remaining relatives topic.

May I ask that for the application which was lodged late 2009, how long would it take for the application to be processed please?

Thank you

Nina

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Hey Nina

 

My application was lodged in November 2009 and I am still waiting.

 

Unfortunately, there is no way of knowing how long it will take...

 

Cx

 

Hello George

Thank you to you and All the such useful information re last remaining relatives topic.

May I ask that for the application which was lodged late 2009, how long would it take for the application to be processed please?

Thank you

Nina

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Guest Nina2

Hi Sleepwombat

 

Thank you for responding to my message.

I hope your application will be processed soon and our family member's one too.

 

Have a lovely weekend

Nina

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Hi all

 

Just another quick update from me :)

 

I received my replacement interim medicare card last week. Medicare cards last for 12 months and come into effect on the same day as your Bridging Visa so I received mine a month early, but at least I don't need to produce the rammel of paperwork and head into an office to reapply for one!

 

It is also good to know that someone somewhere knows that I am waiting!!!

 

Cx

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Guest anthony1

Hi Guys,

 

I havent been through this thread earlier with so much interest but things seems to be turning the other way by viewing the sleepywombat's comments.

 

I have a quick but long question, if anyone can assist me through.

 

Background:

 

I have already applied for a 176 (Family Sponsored) visa. My brother sponsored me. In my Visa my widow mother is my dependant and I have suffice material to prove her dependancy. We altogether are 4 brother and sisters. My 2 sis are living in Canada and Bro in Australia. I am the only one remaining back the home country having my mother as my dependant. She is a Widow and 59yrs old.

 

Question:

 

I want to know if I can just apply for a tourist visa for me & my mother and soon after landing the Ozland, apply for LRR (835) onshore. Even if i had applied for 176 (Family Sponsored) offshore. Which ever comes first I will validate.

 

Any suggestions to pour in guys. Would be a great help.

 

 

Cheers,

 

Anthony.

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Hi Guys,

 

I havent been through this thread earlier with so much interest but things seems to be turning the other way by viewing the sleepywombat's comments.

 

I have a quick but long question, if anyone can assist me through.

 

Background:

 

I have already applied for a 176 (Family Sponsored) visa. My brother sponsored me. In my Visa my widow mother is my dependant and I have suffice material to prove her dependancy. We altogether are 4 brother and sisters. My 2 sis are living in Canada and Bro in Australia. I am the only one remaining back the home country having my mother as my dependant. She is a Widow and 59yrs old.

 

Question:

 

I want to know if I can just apply for a tourist visa for me & my mother and soon after landing the Ozland, apply for LRR (835) onshore. Even if i had applied for 176 (Family Sponsored) offshore. Which ever comes first I will validate.

 

Any suggestions to pour in guys. Would be a great help.

 

 

Cheers,

 

Anthony.

 

You can definitely apply for a Tourist Visa. However I am not to sure if you are eligible for a LRR visa as your mother's residence is not Australia and you cannot include a dependent with this visa. Besides, your sisters reside in Canada and not Australia. You will have to read through the rules for this kind of a visa. You should have looked at the opportunity of getting a state to sponsor you as once you are on the SMP, it is way quicker and you have to reside in the state for only 2 years. What is your occupation ? and where does your brother reside ?


IELTs/5Sep9/L8.5 R7.5 W7.5 S8 OA8VetApp23Nov09 +ive5Mar10CV VeriACT8Mar10Rec-16Apr10AppACTSS-dox sent27Apr10ApprvlRecd22Jun10App.176-SMP 22Apr10CO-22Nov10PCC/Meds-Dec2010 Visa Granted-4Feb2011

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Guest anthony1
You can definitely apply for a Tourist Visa. However I am not to sure if you are eligible for a LRR visa as your mother's residence is not Australia and you cannot include a dependent with this visa. Besides, your sisters reside in Canada and not Australia. You will have to read through the rules for this kind of a visa. You should have looked at the opportunity of getting a state to sponsor you as once you are on the SMP, it is way quicker and you have to reside in the state for only 2 years. What is your occupation ? and where does your brother reside ?

Thanks mate for your feedback. Well I just quickly scanned through immi website and reckon that you can add dependants. ↲Well I am an Electronics Engineer. My occupation is not in most of the smp's. My less experience also restrict me to apply to those states where electronics is listed. My bro is living in Sydney.

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Thanks mate for your feedback. Well I just quickly scanned through immi website and reckon that you can add dependants. ↲Well I am an Electronics Engineer. My occupation is not in most of the smp's. My less experience also restrict me to apply to those states where electronics is listed. My bro is living in Sydney.

 

I too have family in Sydney and I have ACT sponsorship. I think there are many who have SS although they have family in another state. Spending 2 years away from family is no big deal because I can still go down and visit and vise versa. It is easier this way than staying in another country where you can't meet at all.


IELTs/5Sep9/L8.5 R7.5 W7.5 S8 OA8VetApp23Nov09 +ive5Mar10CV VeriACT8Mar10Rec-16Apr10AppACTSS-dox sent27Apr10ApprvlRecd22Jun10App.176-SMP 22Apr10CO-22Nov10PCC/Meds-Dec2010 Visa Granted-4Feb2011

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Guest Yonit

Hi Everyone,

 

Just came across your forum as I was searching on Cap and queue for Carer Visas.

 

My Mum is an Australian citizen and needs me to come and take care of her.

 

Timeline on Carer application for clearer understanding

11 March 2010 - Application was lodged

19 March 2010 - CO assigned and was told average waiting time 9 mths.

16 July 2010 - e-mail from CO that ended up in junkmail that I only discovered 3 weeks later asking for HSA certificate. I thought that they had received it with my application but my mother had inadvertedly sent me the forms that her doctor had filled in that should have gone to HSA.

18 Nov 2010 - Mum finally get's her medical and she is approved by HSA for a fulltime Carer.

Dec 2010 I send in more documents to my CO.

12 Jan 2011 - Co tells me to go ahead and get medical and police checks.

28 Jan - CO phones to say that there has been a cap and queue and it could now take up to 6 years!!!!

 

How come if I have already reached this stage?

 

I am unable to break this news to my mum who thought that I would be with her in a few months from now. I fear for her health and that she might have a relapse.

 

Does anybody have anymore info at all please?

 

Thanks

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Hi Everyone,

 

Just came across your forum as I was searching on Cap and queue for Carer Visas.

 

My Mum is an Australian citizen and needs me to come and take care of her.

 

Timeline on Carer application for clearer understanding

11 March 2010 - Application was lodged

19 March 2010 - CO assigned and was told average waiting time 9 mths.

16 July 2010 - e-mail from CO that ended up in junkmail that I only discovered 3 weeks later asking for HSA certificate. I thought that they had received it with my application but my mother had inadvertedly sent me the forms that her doctor had filled in that should have gone to HSA.

18 Nov 2010 - Mum finally get's her medical and she is approved by HSA for a fulltime Carer.

Dec 2010 I send in more documents to my CO.

12 Jan 2011 - Co tells me to go ahead and get medical and police checks.

28 Jan - CO phones to say that there has been a cap and queue and it could now take up to 6 years!!!!

 

How come if I have already reached this stage?

 

I am unable to break this news to my mum who thought that I would be with her in a few months from now. I fear for her health and that she might have a relapse.

 

Does anybody have anymore info at all please?

 

Thanks

 

Wow... six years sounds out of the blue. I have never heard ths kind of visa taking so long. I thought it would be 1 to 2 years max. Why did she tell you to do Meds and PCCs if it was going to take this long ? Well, we will have to wait and see.


IELTs/5Sep9/L8.5 R7.5 W7.5 S8 OA8VetApp23Nov09 +ive5Mar10CV VeriACT8Mar10Rec-16Apr10AppACTSS-dox sent27Apr10ApprvlRecd22Jun10App.176-SMP 22Apr10CO-22Nov10PCC/Meds-Dec2010 Visa Granted-4Feb2011

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Guest VickyMel

Welcome to PIO Yonit sorry to hear about your situation

 

I'm sorry I can't help but hope someone will be along soon who can.

 

I don't know if it is an option but given your CO had asked you to do the Meds and PCCs can you maybe contest this decision because you have gone to expense...

Another alternative might be a Bridging Visa - I really don't know if its possible or not?

 

It might be worth contacting one (or several) of the migration agents who has experience in this type of visa (look at the first post on this thread for one of them) it might be that they can suggest some options.

 

VickyMel

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Hi all,

 

A quick update from me; I received the e-mail below from my CO today which confirms that my application will not be processed "in this programme year". Does anyone know the period of each programme year i.e June to June??

 

I have asked whether given the reduced quota and the number of applications ahead of me in the queue whether I am likely to be considered for 2011 - 2012. programme year - I will let you know once I have had a response.

 

Has anyone else received a simlar communication and asked for likely timescales?

 

Thanks.

 

Kirsti

 

PROCESSING CHANGES AFFECTING YOUR OTHER FAMILY (CLASS BO 115) VISA APPLICATION

 

 

This letter refers to your application for an Other Family (Class BO 115) visa, which was lodged with the Department of Immigration and Citizenship at the London office on 06/12/2010. You have indicated on your application that you wish to be considered for the grant of a Remaining Relative (Subclass 115) visa.

 

 

The Minister for Immigration and Citizenship has determined that as of 25 January 2011, the maximum number of visas which will be granted in the Other Family (Class BO/BU) category for the 2010 -2011 program year is 750. As a result, I regret to advise you that the Department is unlikely to be able to finalise your application within this program year. However, your application has been placed in a queue and given a queue date, which will be used by the Department to manage the Other Family visa program. Your queue date is 12/01/2011.

 

Please be advised that your application will be finalised as soon as it is possible to do so and the Department will contact you at this time.

 

Background information on capping and queuing

In order to manage the Other Family visa places in an orderly and equitable manner, a capping and queuing system has been introduced. This means all Other Family category visas will be assessed in date order of lodgement. If an applicant is found to satisfy the initial core criteria for the grant of the visa, they are allocated a ‘queue date’ and placed in a queue.

 

Applications are then considered for grant in order of their queue date as visa places become available. The waiting period can be affected by withdrawals, refusals and changes to planning levels.

 

According to Ministerial Directions, priority is given to Carer visa applications, however it is expected that all Other Family category visa applicants will be subjected to increased processing times.

 

Assurance of Support

If you have already paid a mandatory Assurance of Support (AoS) bond and in light of the delay in finalising your visa application, you may wish to enquire about having this bond refunded. Alternatively, you may also wish to keep the AoS bond in place. If you wish to have your AoS bond refunded temporarily, you should enquire directly with Centrelink through their website at: Centrelink - assists people to become self-sufficient and supports those in need or by telephone within Australia on

13 28 50.

 

Please note that if you have your AoS bond refunded, you will need to re-submit the bond amount when your application is being finalised.

 

Visa Application Charge

Any instalments of a Visa Application Charge already paid to the Department may not be refunded due to the delay in processing your visa application.

 

Visa requirements at time of finalisation of application

A requirement of all Other Family category visas is that all applicants satisfy the requirements of the visa at the time of visa finalisation. This means that the Department will need to confirm that you still meet the requirements for the grant of an Other Family visa at this time.

 

Changes to your circumstances

It is important that you tell us about any changes to your circumstances including your name, passport, contact details, address or family members as soon as possible. You are required to do this in writing. To make it easy to advise us of your changes in circumstance, we have a number of forms which are available on the Department’s website at Department of Immigration & Citizenship or at any departmental office.

 

Please make sure that you include your name, date of birth and your Application ID when you write to the Department. The Application ID is located on the first page of this letter.

 

Withdrawing an application

You can withdraw your application at any stage during processing. If any applicant wishes to withdraw their application, they must advise the Department in writing. This advice can include any number of applicants but must be signed by each person aged 18 years and over.

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Guest Yonit
Hi all,

 

A quick update from me; I received the e-mail below from my CO today which confirms that my application will not be processed "in this programme year". Does anyone know the period of each programme year i.e June to June??

 

I have asked whether given the reduced quota and the number of applications ahead of me in the queue whether I am likely to be considered for 2011 - 2012. programme year - I will let you know once I have had a response.

 

Has anyone else received a simlar communication and asked for likely timescales?

 

Thanks.

 

Kirsti

 

Hi Kirsti

 

Here is a link to some more info. Only 750 family visas with 500 of these for the carer category.

Visa Lawyers Australia | Australian Immigration Lawyer | New cap on carer, remaining relative, aged dependent relative visas

Australian Immigration Fact Sheet 37. Processing Priorities

 

When I asked how long my application could now take before granted I was told up to 6 years!

 

Wishing you all the best

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Hi Yonit,

 

Thanks for the links. I have also found this link which refers to the queuing process

 

Other Family Visa Queue

 

It states that "Queuing information tables are currently under development and will be provided on the department's website as soon as it is possible to do so". Hopefully when these are completed we will be able to get a true picture of where we all sit in this queue and of likely timescales.

 

Carer applications are given priority over last remaining relative applications, and if you have been given a timeline of 6 years, god knows what the last remaining relative visa application timeline will be!

 

However it also does state that "higher priority in processing may be considered in cases where there are compelling or compassionate circumstances" - could you perhaps fall into this catagory? I cant imagine that LRR visas will be able to use this but certainly carer visa applications should have a compelling reason?? Its got to be worth a try as the worst thing that can happen is that they say no.

 

:arghh:

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Hi everyone,

 

I too received the email yesterday quoting my queue date of 12.07.10. I emailed my CO to ask what the likely processing times are and the response i got was '3 years plus'.

 

This is incredibly disapointing (particularly as when i lodged my application and paid my irst installment i was quoted 3months!). I cannot see how this will work for me now. I will probably have to accept that joining my family is not going to happen (through the LRR visa at least).

 

Good luck everyone.

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Hi,

 

I have received a response back from my CO and she also quoted 3 years waiting time for the last remaining relative visa (based on current allocation and number ahead of me).

 

Derrick -I am in the same boat as you, I am now thinking that its unlikely that I will be able to join my family now at least on this visa. Its just too much to ask of anyone to stay single for that period of time and I am not getting any younger!!

 

Its so disappointing; all we want to do is be with our families - its hard enough being the "last remaining relative" and missing your family as it is!!!! :sad:. Just because we are not on the "wanted" list, doesnt mean that we havent got a lot to offer Australia; not all of us are wanting to go out there and just take from the system. In fact on the contrary, we would have to work very hard to even make a decent living and would be giving a lot back.

 

Not sure what my plan B is at the moment.....

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Hi Frizzy - agree with what you say although I am more concerned with not being near my family than being forced to be single!

 

I don't really know what to think at the moment. I dread telling my mother as she suffers from depression and I fear what this news will do to her.

 

Hi,

 

I have received a response back from my CO and she also quoted 3 years waiting time for the last remaining relative visa (based on current allocation and number ahead of me).

 

Derrick -I am in the same boat as you, I am now thinking that its unlikely that I will be able to join my family now at least on this visa. Its just too much to ask of anyone to stay single for that period of time and I am not getting any younger!!

 

Its so disappointing; all we want to do is be with our families - its hard enough being the "last remaining relative" and missing your family as it is!!!! :sad:. Just because we are not on the "wanted" list, doesnt mean that we havent got a lot to offer Australia; not all of us are wanting to go out there and just take from the system. In fact on the contrary, we would have to work very hard to even make a decent living and would be giving a lot back.

 

Not sure what my plan B is at the moment.....

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Hi Frizzy - agree with what you say although I am more concerned with not being near my family than being forced to be single!

 

I don't really know what to think at the moment. I dread telling my mother as she suffers from depression and I fear what this news will do to her.

 

Hi, yes of course, sorry I didnt mean it that way and would give anything to be with my family but given the lengthy timescales, I am just not sure that I would be able to put my life on hold for that long a period. I am nearing 40 and would love to settle and have kids but that wouldnt be an option for me if I have to wait 3 years.

 

I havent told my folks yet either - they are hoping I will be out by the end of the year but unless I come up with a Plan B, thats highly unlikely.

 

I guess the only other option we have is to go out to Oz and change the application to an onshore application; at least you are with your family in Oz and can start to live your life BUT unfortunatley you would need substantial savings to support yourself during the 3 years waiting time as you cannot work whilst on this visa (unless you got dispensation).

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Hi, yes of course, sorry I didnt mean it that way and would give anything to be with my family but given the lengthy timescales, I am just not sure that I would be able to put my life on hold for that long a period. I am nearing 40 and would love to settle and have kids but that wouldnt be an option for me if I have to wait 3 years.

 

I havent told my folks yet either - they are hoping I will be out by the end of the year but unless I come up with a Plan B, thats highly unlikely.

 

I guess the only other option we have is to go out to Oz and change the application to an onshore application; at least you are with your family in Oz and can start to live your life BUT unfortunatley you would need substantial savings to support yourself during the 3 years waiting time as you cannot work whilst on this visa (unless you got dispensation).

 

Hi

 

How do you change your application to an onshore application, iIf I have applied for an offshore LRR visa ? We are looking a using this option for my youngest sister and unfortunately, this is the only option.


IELTs/5Sep9/L8.5 R7.5 W7.5 S8 OA8VetApp23Nov09 +ive5Mar10CV VeriACT8Mar10Rec-16Apr10AppACTSS-dox sent27Apr10ApprvlRecd22Jun10App.176-SMP 22Apr10CO-22Nov10PCC/Meds-Dec2010 Visa Granted-4Feb2011

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Hi

 

How do you change your application to an onshore application, iIf I have applied for an offshore LRR visa ? We are looking a using this option for my youngest sister and unfortunately, this is the only option.

 

Hi, I am not actually sure to be honest! It may not even be possible i.e you might have to start the whole application process again / repay the fees if you want to switch from an offshore to an onshore visa.

 

I will ask my CO and let you know what she says.

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It would be a new visa application, with a new Visa Application Charge payable.

 

Best regards.


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 and acollett@bdhtax.com

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Hi all, Just wanted to post my update for you. Had chased my CO regarding giving me an idea as to where I am in the queue (my queue date is 26/4/10 offshore). His reply was to refer me back to the DIAC website as he couldn't tell me.

 

Has anyone else been told where they are in the queue as it would help to plan a little bit ahead & not put my life on hold whilst I wait?

 

:unsure:

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