Cheap Parent Visas Part I

[Gollywobbler]

I have not read all of this thread but would add this point if it has not been made before.

We decided to get a temporary Contributory Parents visa, which covers a 2 year period, and about half of the payment is made when the application is granted. The second half is paid when the full Visa is granted at the end of the 2 years.

This seemed like a good idea at the time, because it meant that half of the required sum was sitting in my bank account earning interest, (at least it was when we applied about 4 years ago) and only had to be paid at the later date.

It was quite straight forward, but we did have a few more forms to fill in to complete the permanent resident part.

One thing that did surprise us was that we then had to provide a bond of A$14000 as security. This should have been put up by our son, but he was unable to afford same, so we paid it to him to complete the bond. One good thing, this is in an interest bearing account paying about 6% for 5 years which we draw, and will have to be reinvested for another 5 years when the first runs out.

Hope this helps.

 

Hi Hayshake

 

Many thanks for this. Are you sure that the Commonwealth Bank only accept the AoS Bond for 5 years and then you have to renew the Bond for another 5 years, please?

 

I wasn't really involved with the Bond for my mother because I was in the UK and my Aussie sister Elaine dealt with everything that had to be done about the AoS. She's never really told me anything about the Bond but Mum's CPV was granted in September 2006, which is nearly 5 years ago.

 

If the Deposit for the Bond expires and has to be renewed then I must remember to ask Elaine to deal with it. I've just assumed that it "must be" a fixed term deposit for 10 years but I've never discovered the details from Elaine, so if I may, I'd like to double check this with you before I rattle her cage about it!

 

Many thanks

 

Gill

[Gollywobbler]

Hi Gill,

 

I spoke with my mum about the advise and information you gave me and one quick thing we were unsure on was, what it the 'Bridging visa'? Can you point me in the right directing to find information on it as it would really help and ensure my mum has all she needs to make the best decision.

 

Many thanks

Sarah

 

Hi Sarah

 

DIAC publish very little information about Bridging Visas but what there is is contained in Form 1024i, not all of which is accurate with Aged Parents or Contributory Aged Parents who are British:

 

http://www.immi.gov.au/allforms/pdf/1024i.pdf

 

Bridging Visas are ONLY relevant where the Parent has applied for the *onshore* Aged Parent or Contributory Aged Parent visa. To be eligible for the onshore visa, the Parent's feet must be on Aussie soil at the time when the APV or CAPV application is lodged, plus the Parent must be old enough to be eligible for an APV or CAPV.

 

So - the Parent is already in Oz. What visa has the Parent used in order to get into Oz and how long a stay does it permit? Often, the answer is that the Parent has used a short stay Visitor Visa to get into Oz, which only permits a stay of 90 days at a time.

 

DIAC will not allow a hiatus between one period of stay being completed and another one beginning. They "bridge the gap" by granting the person a Bridging Visa, which allows the Parent (in this case) to remain in Australia lawfully until the APV or CAPV application has been processed and the visa granted.

 

So - the Parent is in Oz with a permitted stay of 90 days. He/she is old enough to be eligible for an APV or CAPV and the application for that is duly lodged with the Parents Visa Centre in Perth. The PVC staff check DIAC's records to find out when the Parent entered Oz, what visa was used for the purpose and what period of stay has been permitted. They realise that it won't be long until the permitted period of stay expires and that they have no hope of granting the APV or CAPV in time to prevent a time-gap.

 

Therefore when they acknowledge receipt of the APV or CAPV, the PVC confirm that a Bridging Visa A will come into effect automatically on the day when the permitted stay on the original visa expires. You don't have to do anything yourself in order to arrange this. DIAC deal with it for you.

 

The Bridging Visa A lasts for as long as it takes until the APV or CAPV is granted. With a CAPV, the period is usually about 4-6 months. With a non-contributory APV, the period will be around 7 years.

 

According to Form 1024i, the Parent will NOT be covered by Medicare during the duration of the Bridging Visa. That is not satisfactory. The Parent needs to be sure that an urgent medical problem will be dealt with immediately, especially if the Parent is going to have to spend 7 years on a Bridging Visa.

 

So I contacted Medicare and asked about this. Medicare said that if the Bridging Visa holder is from a country that has a reciprocal health care agreement with Oz then the BV holder (the Parent) will be treated as being a visitor to Australia throughout the duration of the Bridging Visa and s/he WILL be entitled to Medicare at the visitor's rate. Where the Parent is British, the RHCA says that Medicare will pay for any treatment that a doctor says is *necessary." (In other words, they'll pay for your Blood Pressure treatment but they will not necessarily pay to treat your Bunions as well!)

 

http://www.medicareaustralia.gov.au/public/migrants/visitors/index.jsp

 

The other thing I queried via Mary's father (mentioned at the start of this thread) is the business of the Bridging Visa B.

 

The holder of a Bridging Visa A cannot be prevented from leaving Australia because Australia ceased to be a penal colony in 1841, soon after the Gold Rush began in Victoria. However a Bridging Visa A does not confer a right to re-enter Australia. That is no use when the Parent has applied for an APV or a CAPV because with either of those, the visa cannot be granted unless the Parent's feet are on Aussie soil at the time.

 

So if the waiting APV or CAPV applicant wants to leave Oz and be able to return to Oz, s/he MUST obtain a Bridging Visa B (known as 'the travel visa' before leaving Oz.) According to Form 1024i, there has to be a dire emergency in another country before a Bridging Visa B will be granted.

 

Mary's Dad was in Adelaide at the time, preparing to apply for a non-contributory APV. His daughter is a friend of mine. She likes to go on cruises from Australia, around the South Pacific and she likes to take the whole family with her, including her Parents. Form 1024i suggests that the Parents would not be allowed to go too because wanting to go on a jaunt round the South Pacific is hardly an emergency, after all! Mary's Dad went and saw DIAC in Currie St to ask them about this.

 

Apparently DIAC told him that a Parent who has applied for a non-contributory APV will always be granted a Bridging Visa B without sweat. Oh yes? Why? DIAC said that their Policy ruling is that a Parent who has applied for an APV is in for a very long wait and that it is unreasonable to keep the Parent trapped in Australia during this very long wait. Sure enough, he and his wife have now applied for their APVs and they now have Bridging Visa Bs to enable them to go on these foreign holidays.

 

Apparently DIAC did stress that the Bridging Visa B would only permit the Parent to spend a total of 90 days outside Australia in any calendar year. The reason for this is that, in theory at least, the Government might decide to grant a sudden amnesty on APVs and just grant them to everyone who has applied for them by dd/mm/yyyy. In that situation, DIAC would need the Parent to return to Oz very quickly, so it is better not to let him leave Oz for too long in the first place.

 

I don't know whether DIAC would be equally gracious about granting a Bridging Visa B when the Parent has applied for a CAPV because it won't take long to process and grant a CAPV anyway. So I'd be advising a CAPV applicant just to stay put in Oz for the duration of the processing of the CAPV unless there really is a genuine emergency in another country. DIAC might well be more gracious about this than I would be, though!

 

Does this answer Mum's queries, please?

 

Cheers

 

Gill

[Hayshake]

Hi Gill,

 

Yes the Bond was taken out for 5 years in the first place.

 

I assume the bank will advise when the 5 year period is up, as it was all arranged via I think centrelink? or the official body. I guess it will have to be re-invested for a similar period at the rates applicable at the time.

 

It was arranged at the original investment that the interest was paid direct into my Australian bank account, but my son has to declare it for tax purposes, however I make sure he does not lose out.

 

I think you do an amazing job advising everybody about Parent Visa's, you must have spent an enormous amount of time researching and keeping up to date on this subject. Well Done.

[Gollywobbler]

Hi Gill,

 

Yes the Bond was taken out for 5 years in the first place.

 

I assume the bank will advise when the 5 year period is up, as it was all arranged via I think centrelink? or the official body. I guess it will have to be re-invested for a similar period at the rates applicable at the time.

 

It was arranged at the original investment that the interest was paid direct into my Australian bank account, but my son has to declare it for tax purposes, however I make sure he does not lose out.

 

I think you do an amazing job advising everybody about Parent Visa's, you must have spent an enormous amount of time researching and keeping up to date on this subject. Well Done.

 

Hi Hayshake

 

Thanks for your kind words. I am passionate about the subject of Parent migration to Oz because we had 13 years of sheer hassle with the Balance of Family Test from 1993 to 2006 when Mum was finally able to obtain her CPV.

 

That is a long story but in essence S1.05 of the Regulations, which describes the BoF Test, says that a step-child is a "child" for the purpose of calculating the number of children to be counted in the BoF Test.

 

In 1999, a new definition of "step-child" was inserted into the Regulations. This said that a step-child is not a child if the step-child is over 18 at the time of the visa application. I gather that the new definition was not intended to alter the BoF Test. That happened by legal accident, I have been told.

 

In 2003, a well known solicitor called Peter Bollard acted for a lady called Mrs Xu on an appeal to the MRT. Mrs Xu was a widow who had one child of her own and two step-children. Her child was in Australia and her two step-childen were in China. DIAC said that she did not meet the BoF Test because the facts fell foul of S1.05 of the Regs.

 

Peter Bollard challenged that view. He argued that the 1999 definition of "step-child" must prevail because it was inserted after the original wording of S1.05. Personally, I think that was a very bold, brave argument but The Bollard persuaded the MRT to agree with him!

 

DIAC then altered their Policy to say that in a situation like Mrs Xu's, where the two conflicting definitions of "step-child" would produce two different outcomes for a visa applicant depending on which one is preferred, DIAC's staff must use the definition "that will not disadvantage the visa applicant," so the Manager of the Parents Visa Centre explained when I asked him for guidance about Mum's situation. Mum is/was a dead ringer for Mrs Xu except only that Mum has two children of her own and one step-child. The step-child and I both live in the UK, so sorting out the BoF Test was absolutely crucial to Mum's eligiblity.

 

Nobody has ever been more relieved and delighted than I was when the PVC confirmed, in 2005, that there would be no further problems with Mum's eligibility for a CPV! After that, the rest was plain sailing but we had almost given up hope by then, even though emigrating to Oz to be with her grandchildren became Mum's very dearest wish after she was widowed. To obtain her CPV for her was infinitely more valuable than any service I have ever performed for a normal law client, I feel.

 

Also, although I'm not an expert on Family Law, I've always been suspicious of the idea that there is any sort of legal relationship between a step-parent and a step-child. I suspect that these terms are really only social niceties. At best, if the law really considers that there is a legal relationship, it is one that cannot come into being without the overarching contract of marriage between the child's natural parent and the step-parent. It can only be a derivative relationship because it cannot be anything else. The death of the natural parent automatically severs the marital contract, so it seems to me that it must also sever any derivative relationship at the same time. I think the only way to avoid that would be if the step-parent adopts the step-child formally, which didn't happen in our own case. So the Aussie Government's attitude reminded me of kangaroos, frankly!

 

Anyhow, thanks very much for confirming that the Bond is only deposited for 5 years initially. On reflection, I think this is an excellent thing because 10 years is a very long time during which capital might be tied up at a lousy rate of interest, which might well improve during the 10 years. So I can see that two 5-year deposits would make more sense and would operate much more fairly.

 

Centrelink are "the dole office" according to Elaine when I asked her who they are! They manage the AoS scheme on behalf of DIAC. That was the result of the usual Civil Service twaddle. DIAC's staff used to organise the AoS themselves originally. Then a couple of Assurers managed to wriggle out of their AoS obligations by convincing a court that DIAC had not explained their obligations to them clearly enough. Gummint, in its usual clumsy wisdom, then decided that DIAC's officials only know about visas. Apparently they do not also know how to hammer AoS information into the skull of an Assurer but - seemingly - Centrelink's officials do know how to do that bit. Yerr! Right!!

 

Yes, I think you are right and I can relax. The Commonwealth Bank are bound to advise Elaine that the deposit (the Bond) will be expiring and they will either ask her what she wants them to do with the money or they will tell her that Centrelink require it to be re-invested for a further 5 years. Centrelink can't be so gormless that they would simply allow the CBA to release the money, I reckon!

 

Very many thanks again for this information because I didn't know about it till you mentioned it. I had assumed that a 10 year deposit must have been possible and that the depositor just has to live with it as far as the original interest rate is concerned.

 

Cheers

 

Gill

[Gollywobbler]

Mods - I'm just bumping this thread back to the top to make sure that a lady called Wendy will be able to find it easily. She has started another thread called "Parenting Bridging Visas" so I just want to make sure that she can find the rest of the information with no trouble.

 

Thanks, Mods:D

 

Cheers

 

Gill

[Guest mr luvpants]

Hi gill. :-) we are now in oz and loving it. We are now trying to work out a way for the in laws to get over here. I have Been all through this thread and it looks like it's the way forward. So basically the in laws come here on a tourist visa and then apply the aged visa as soon as they get here? Has anyone done this recently to make sure it works?Btw hope you are well?John

[Guest aerotony]

Could you supply a link, please, to the "Parenting Bridging Visa" started by Wendy as referred to in the quote below?

 

 

Mods - I'm just bumping this thread back to the top to make sure that a lady called Wendy will be able to find it easily. She has started another thread called "Parenting Bridging Visas" so I just want to make sure that she can find the rest of the information with no trouble.

 

Thanks, Mods:D

 

Cheers

 

Gill

[Guest Guest75]

Could you supply a link, please, to the "Parenting Bridging Visa" started by Wendy as referred to in the quote below?

 

Here ya go...............

 

http://www.pomsinadelaide.com/forum/adelaide-migration-issues/24606-parenting-bridging-visa.html

[Gollywobbler]

Hi gill. :-) we are now in oz and loving it. We are now trying to work out a way for the in laws to get over here. I have Been all through this thread and it looks like it's the way forward. So basically the in laws come here on a tourist visa and then apply the aged visa as soon as they get here? Has anyone done this recently to make sure it works?Btw hope you are well?John

 

Hi John

 

I'm fine thanks and I'm delighted to hear that you are as well.

Ttwo or three people have posted on here within the last 6 months to confirm that thir own Parents have applied for Aged Parent Visas subclass 804 and have had no difficulty with any stage of the process.

 

The important thing to remember is that the Parents cannot simply bowl into Oz on a short stay visitor visa and tell the staff at the airport that they intend to stay in Australia forever.

 

The thought processes have to be done in the correct order. Therefore:

 

1. Parent gets a visitor visa for the sole purpose of visiting Oz;

2. At the time when he arrives in Australia, he still intends to do nothing but visit and then go home;

3. However AFTER his arrival in Oz, the Parent changes his mind and decides that he wants to apply for an Aged Parent visa instead of going home.

 

It is unlawful to obtain a visitor visa unless you do not intend to do anything other than "visit" Australia. "Visit" does not imply "stay indefinitely."

 

The whole idea will NOT work unless:-

A. The Parent meets the Balance of Family Test; and

B. Any relevant children MUST be "settled permanent residents of Australia."

 

Does this help, please?

 

Cheers

 

Gill

[Guest Guest75]

Could I just take the opportunity to say a big thanks to Gill for her great posts on here :notworthy::notworthy:

[Guest natmark]

Hiya

 

I was just wondering if this only applied to the aged parent visa? My mum would love to follow us but she is only 54 so not quite old enough for that visa. Will the same work with gaining a bridging visa onshore whilst applying for a CPV or NCPV?

 

Thanks

 

Natalie

[Gollywobbler]

Hiya

 

I was just wondering if this only applied to the aged parent visa? My mum would love to follow us but she is only 54 so not quite old enough for that visa. Will the same work with gaining a bridging visa onshore whilst applying for a CPV or NCPV?

 

Thanks

 

Natalie

 

 

Hi Natalie

 

Your mother is not old enough for a Contributory Aged Parent visa or a non-contributory Aged Parent visa. Therefre she would not be able to get a Bridging Visa either.

 

However what she could do is to apply for a Contributory Parent or a non-contributory Parent visa instead. Once she has applied for the visa, she would be able to use repeated subclass 676 Tourist Visas in order to spend almost as much time in Oz as she could if she were eligible for a Bridging Visa instead:

 

http://www.immi.gov.au/visitors/tourist/676/

 

This is what we did with my own mother when she applied for a CPV 143. She spent almost all of the processing time for it out in Australia. LOADS of parents do this - we didn't invent the idea or anything!

 

What, exactly, does your Mum want to do and can she afford a Contributory Parent visa, please?

 

Cheers

 

Gill

[Guest natmark]

Gill. My mum and step dad are both ODPs (Operating Department Practitioners) but they also do recovery nursing too. My mum also has a more specialised role aswell. She runs her own clinic for breast tattooing for patients who have had breast reconstructive surgery due to cancer etc... They would hope to work but they do have a fair bit if money tied up in their house. They have spoken to a couple of agencies (Pulse International and Geneva Health) who have said they can get them work. I think she desperately wants to come now so she doesn't miss out on her only grandchildren growing up (my brother lives in the US). Natalie

[Gollywobbler]

Gill. My mum and step dad are both ODPs (Operating Department Practitioners) but they also do recovery nursing too. My mum also has a more specialised role aswell. She runs her own clinic for breast tattooing for patients who have had breast reconstructive surgery due to cancer etc... They would hope to work but they do have a fair bit if money tied up in their house. They have spoken to a couple of agencies (Pulse International and Geneva Health) who have said they can get them work. I think she desperately wants to come now so she doesn't miss out on her only grandchildren growing up (my brother lives in the US). Natalie

 

Hi Natalie

 

Are you certain that your mother and step-dad would both be OK on the Balance of Family Test?

 

http://www.immi.gov.au/migrants/family/parent/143/

 

http://www.immi.gov.au/migrants/family/parent/143/balance-family.htm

 

If they would be OK on the BoF Test then they should be eligible for CPVs.

 

Assuming that eligibility will not be a problem, your parents would still have to wait until you have become properly "settled" in Australia before they could apply for CPVs. Please see Alan Collett's excellent article about this:

 

http://www.gomatilda.com/news/article.cfm?articleid=441

 

Sure, there would be a time-lag until they could apply for CPVs and then it would probably take another 12 months or so whilst the CPV applications are processed. The whole thing would probably take 24-30 months after you move to Australia yourself.

 

You say that the specialist nursing-type agencies say there would be no problem with finding jobs for the couple. Would one of the agencies be able to arrange for either of them to be sponsored for a temporary subclass 457 visa? If yes then that would bridge the time-lag, it seems to me:

 

 

http://www.immi.gov.au/skilled/skilled-workers/sbs/

 

It is perfectly lawful and acceptable to DIAC if people do a "mix n match" with visas in the way that I have suggested above. The issue is whether one of the employers in or around Adelaide might be willing to sponsor one of them for a 457 visa.

 

If it would be possible to obtain a temporary employer-sponsored 457 visa, only ONE of the couple needs to be sponsored in this way. The sponsored 457 visa holder's partner can do whatever s/he likes by way of work, including finding another employer for the partner and including the partner being self-employed.

 

Therefore if it would be possible to arrange the 457 visa, it sounds like it would be a very good option for this couple because it would enable Mum to get her tattoo clinic up & running and it would enable both of them to be employed in Australia for as long as is necessary before the CPVs come through. That makes a lot more sense for them than cooling their heels in the UK whilst being separated from you and their grandcubs, I reckon.

 

The visa side of things would work fine - there is no need to worry about that bit. What I don't know is whether it would be possible to get one of them a 457 visa in the first place. The specialist nursing agencies are the best people to ask about this and I would ask all of them, not just two of them. I've heard of one called Ramsey or Ramsay Health but I don't know whether they have contacts all over Australia or just in certain areas.

 

If the specialist agencies say they can't help then we would have to think again but I think the first step should be to ask them. Could you arrange for them to be asked, please?

 

Cheers

 

Gill

[Guest natmark]

I believe that they have had a conversation with one of the agencies who have advised that a 457 visa is possible so I believe that is the route that they are looking to take initially. I understand from my mum that she is looking to do this next year (as we aren't going until May). She wants to make sure that she likes it in Oz before looking into a permanent move. As much as it would upset her, she doesn't want to move somewhere if it's not for her which I can understand.

 

She does meet the balance of family test as she only has 2 children (me and my brother who lives in the US). My step dad does not have any children.

 

Thanks for your in deph reply Gill. I will pass on all this info to my mum.

 

Natalie

[Gollywobbler]

I believe that they have had a conversation with one of the agencies who have advised that a 457 visa is possible so I believe that is the route that they are looking to take initially. I understand from my mum that she is looking to do this next year (as we aren't going until May). She wants to make sure that she likes it in Oz before looking into a permanent move. As much as it would upset her, she doesn't want to move somewhere if it's not for her which I can understand.

 

She does meet the balance of family test as she only has 2 children (me and my brother who lives in the US). My step dad does not have any children.

 

Thanks for your in deph reply Gill. I will pass on all this info to my mum.

 

Natalie

 

Hi Natalie

 

If 457 visa sponsorship is possible then I'd say "Go for it!" For your own parents, a 457 would be a better bet than a Bridging Visa because a Brdging Visa does not provide an automatic right to work in Oz so for younger Parents, a 457 is a much better way to "try before you buy."

 

It is also not impossible (though maybe not terribly likely) that the one who has been sponsored for the 457 visa might be able to get sponsorship for an RSMS visa thereafter:

 

http://www.immi.gov.au/skilled/skilled-workers/rsms/

 

If an RSMS visa would be possible then it would avoid having for fork out a large sum of money for CPVs instead.

 

The only thing is that the employer would have to show "exceptional circumstances" for an RSMS visa in order to secure an Aged Exemption for whichever Parent would be the RSMS employee:

 

http://www.immi.gov.au/skilled/skilled-workers/rsms/

 

http://www.immi.gov.au/skilled/skilled-workers/rsms/exemptions.htm

 

The exemption provisions are in the second link above. From DIAC's page, it doesn't look as if an age exemption would be possible but DIAC seem to be pretty obedient towards employers in the medical profession and the employer-sponsor would obviously be one of the hospitals, so getting an Aged Exemption might be easier than it looks. Most Aussies are shocked and horrified when they hear the price of CPVs, so I reckon that the employer in this case would probably bust a gut to help out with an RSMS visa instead.

 

If they were my own parents (impossible because I'm a year older than they are!) my inclination would be to give it a go with the employer-sponsored skilled visa route first because the possibility of a CPV is always there as a back-up if Plan A has to be swapped for Plan B.

 

Cheers

 

Gill

[Sears Family]

Hi just doing some ground work at the moment, thank you for this thread by the way

I've read through but maybe missed a point - can the applicant work at all during the processing period? my mum would go bonkers if she couldn't do anything!

Also are they classed as PR once they get the Parent Visa?

Thank you

Regards

Von x

[Gollywobbler]

Hello Yvonne

 

When the Parent applies for an Aged Parent visa, DIAC grant Bridging Visa A automatically. There is no meed to apply for it specifically. The terms of the Bridging Visa A will mirror the terms of the applicant's original visa. Therefore if the Parent's original visa was a visitor visa then the initial Bridging Visa will not grant permission to work.

 

However it is possible to ask DIAC for specific permission to work:

 

http://www.immi.gov.au/allforms/pdf/1005.pdf

 

DIAC are nearly always very helpful about this and say "yes." They know that some of the APV applicants need the money. They know, to, that work is a very good way for somebody to make new friends and generally settle into the Aussie way of life. After all, the primary applicant for an APV will be 65 or as near as. Someone of 65 is unlikely to become a Captain of Industry out in Oz so to allow the waiting APV applicants to get jobs if they want to is not going to de-stabilise the jobs-market in Australia!

 

Yes, the Parent becomes a Permanent Resident once the Aged Parent visa is granted.

 

Does your mother have a specific skill? My own mother does not have any specific skills. She is now 90 and she is disabled so she is too decrepit to look after a bunch of squalling infants any more - being a wife and mother is the only real 'job' she's ever had. Mum lives in Perth with my sister Elaine. Elaine has fixed Mum up with two little jobs that she can do at home. One is folding up leaflets - junk mail, essentially - which Elaine's sons then go and shove through all the letter boxes in the area. The other little job involves tying flies for fishing tackle. Mum does the fiddly bit of trying the flies and then the boys do something with metal wire. (I've never been rod & line fishing so I've never had a close look at the kit.) Mum's been doing both of these for several years now. She only makes maybe $50 a week from each one, which has to be shared with her grandsons, but it makes Mum feel useful and it gives her something to do. It is more "occupational therapy" than "job," I reckon, but it keeps Mum happy so I'm all for it.

 

Cheers

 

Gill

[Sears Family]

Thank you Gill! You're a great support and thank you for coming back so quickly

My mum has experience in the dance/fitness area, first aider and loves dancing; she has also got event organising and charity event planning / fund raising experience too so I'm sure she could find some interesting activities to get involved with

Good to know

Regards

Von x

[Gollywobbler]

Thank you Gill! You're a great support and thank you for coming back so quickly

My mum has experience in the dance/fitness area, first aider and loves dancing; she has also got event organising and charity event planning / fund raising experience too so I'm sure she could find some interesting activities to get involved with

Good to know

Regards

Von x

 

 

Hi Von

 

The sort of work your mother is likely to get involved with does not cause any political Hot Potatoes so I would guess that she wouldn't hvae any trouble with getting permission to work.

 

Cheers

 

Gill

[Guest casobelle]

Thank you so much for this useful info! This is a brilliant thread. I'm applying for a 457 at the mo - planning to emigrate to Adelaide in May 2012 with my 5 yr old daughter and my mum, who's 64. We all live together and mum looks after DD while I work. I support mum financially i.e. pay her mortgage, bills, council tax, household costs as she can't afford this on her persion. I included her as a secondary applicant (dependent relative) on my 457 application but a few people on PiO said she would be refused. I'm still attaching all the docs to my partially lodged application and hoping that once that's done, we'll get a decision about whether my mum will be approved. If not, we were thinking about waiting until I can sponsor her on a CPV but goodness know how she'd afford that!

[Gollywobbler]

Thank you so much for this useful info! This is a brilliant thread. I'm applying for a 457 at the mo - planning to emigrate to Adelaide in May 2012 with my 5 yr old daughter and my mum, who's 64. We all live together and mum looks after DD while I work. I support mum financially i.e. pay her mortgage, bills, council tax, household costs as she can't afford this on her persion. I included her as a secondary applicant (dependent relative) on my 457 application but a few people on PiO said she would be refused. I'm still attaching all the docs to my partially lodged application and hoping that once that's done, we'll get a decision about whether my mum will be approved. If not, we were thinking about waiting until I can sponsor her on a CPV but goodness know how she'd afford that!

 

Hello Casobelle

 

Your question crops up pretty regularly on the internet forums.

 

There is no firm guidance about your question. It always depends on the exact facts & details of the family concerned, the attitude and skill-level of the DIAC Case Officer who processes the visa application and it depends on the skill with which the applicants' case is presented to DIAC.

 

http://www.ddilawyers.com/directors_profiles.php

 

You might be able to get some tips from my friend Nigel Dobbie in Sydney. He is regularly voted as being one of the top 15 Immigration Law specialist lawyers in Australia, he helped a friend of mine in a fairly similar situation to yours, the type of research that was done beforehand was sensible and Nigel said he was pretty sure that he would be able to get an Aged Dependent Relative visa for my friend's British mother.

 

In the end, no visa application was made because the mother decided that she did not want to move to Australia permanently but that was her prerogative, obviously. However I felt very confident about the really solid, capable, intelligent quality of the help that the lady's daughter and I were getting from Nigel, so I think it would be well worth your while to phone him and chew the cud with him at this stage.

 

Are you and your mother British? It sounds as if you are, but please confirm.

 

If you are British, there is NO truth in the rumour that a British Parent is somehow "automatically barred" from being a Dependant just because there is a Welfare State in the UK. The criteria that DIAC actually consider are solely those described in Australian Law, funnily enough!

 

You want to get DIAC thinking along the same lines as the ones that the MRT considered in the case of Mrs Parr in 2008:

 

http://www.austlii.edu.au/cgi-bin/sinodisp/au/cases/cth/MRTA/2008/981.html?stem=0&synonyms=0&query=Aged%20Dependent%20Relative%20Visa%20%20%20Parr

 

You will see that in that case, a lot of emphasis was placed on a report by the Institute of Fiscal Studies in the UK. The hyperlink offered doesn't work because it is full of careless typos. The correct link is below:

 

http://www.ifs.org.uk/bns/bn73.pdf

 

The 2007 IFS report has been superceded. I think the last one was in 2009 but a 2011 version might have been published by now. I live in the UK and I'm pretty sure that I saw something in the Press a couple of months ago that would tend to suggest that your mother would be living below the poverty line were it not for financial assistance from you. You need to check the IFS website and get the most up-to-date information but in your shoes, it is what I would do.

 

I'll send you a Private Message as well if I can. (You might have to make a certain number of post on this forum before it will activate the PMs for your account. This restriction is often imposed because otherwise spammers join these forums and bombard the members with PMs claiming that The End Is Nigh and suchlike!)

 

Cheers

 

Gill

[Guest casobelle]

Thanks so much, Gill. I did get your PM and have replied to your e-mail address. Sorry if it's a bit long! Yes, we are British, by the way.

You certainly seem to know your stuff. The advice is greatly appreciated!

Sophie

[Gollywobbler]

Hi All

 

The ICBP is the International Consortium of British Pensioners. The BPIA are the British Pensioners in Australia, who are closely allied to the ICBP.

 

The ICBP have recently started an e-petirion about the Frozen Pensions issue. Please see the link below:

 

http://www.pension-parity-uk.com/

 

The link to the e-petition is at the top left of the Home Page.

 

The drill with e-petitions is that if they attract at least 100,000 signatures then the Back Bench Committee have to consider asking for a Parliamentary debate about the issue. Whem I addred my own name to the e-petition the other night, about 9,750 people had signed it before me.

 

According to the e-mail that I received from the ICBP, the Daily Telegraph are supporting the e-petition and a PR company called Champollion are trying to garner support for it too:

 

http://www.champollion.co.uk/icbp.html

 

We need ALL the support we can get for this campaign - please, please, please.

 

For anyone who is not aware of the details, originally the British Government said that the State Pension would be frozen for all British Pensioners. They said it would only be uprated annually for British Pensioners living in the UK. Someone went to the European Court of Human Rights. The ECHR ruled that the annual increase must be paid to any British Pensioner living anywhere in the EU or living in a country that has a reciprocal Social Securyty Agreement with the UK.

 

The British and Australian Governments used to have a bilateral Social Securuty Agreement but that was terminated unilaterally by the British Government some years ago. So British Pensioners living in Australia do not receive an annual increase in their State Pensions.

 

In 2009, there was an Appeal to the Grand Chamber of the ECHR but the Judges ruled that the ECHR is not competent to make a ruling when the Pensioner does not live in the EU or in another country that has a reciprocal SS agreement with the UK.

 

The Australian Government supports the British Pensioners in Australia. They have been brilliant about expressing their unequivocal support.

 

Prior to the 2010 General Election, Calamity Clegg said that he supported the British Pensioners and would make noises in Parliament, would change the law if the Lib-Dems were elected and blah blah. Predictably, the silence from him has become deafening since he became the Deputy PM.

 

So - we have two different groups of British Pensioners - the Haves and the Have Nots. It is believed that about 250,000 British Pensioners live in Australia. All of them are Have Nots.

 

Your support for them would be very gratefully appreciated, I can promise. We need to get the number of signatures up to 100,000 minimum.

 

Many thanks

 

Gill

[Guest pixie7]

Hi can I confirm I'm reading with info correctly please -

I have a 176 PR visa and my parents are looking at coming over.

 

If they come over on a tourist visa could they apply for an aged parent 804 visa (they are 67 and 71, and I only have 1 brother so do qualify) can they then stay in Oz on a bridging visa of some kind?

 

 

 

Thanks for any help offered x