KatiesGirl

I am nearly 70 and hope to come out to Australia on an aged parent visa, as my UK pension will be frozen,(I will be applying in Australia for visa) do I get a Australian pension 11 years after visa application or 11 years after visa granted (another 11 years?)
KatiesGirl

Pollyana

I'll move your post to the main forum, several financially savvy people in there

DaveandLinda

Hi Katiesgirl

As I understand it you are not entitled to claim for the Australian pension until 10 years after you have been granted a permanent visa.

However, this is not like he UK state pension. The Australian pension is means tested and so the amount of your UK pension will be deducted from this, I think.

This may be an oversimplified explanation and there are lots of financial savvy people on here who may be able to offer a better insight.

JAJ

10 years residence in Australia as an Australian citizen/PR.
http://www.centrelink.gov.au/interne..._residence.htm

mark213

Also an assurance of support will be needed for 10 years (for 864 visa or 2 years for an 804) to cover these payments.

The assurer must be prepared to:
- provide financial assistance to the applicant and the applicant's accompanying partner and dependent family members so they do not need to rely on any government forms of support for ten (10) years
- repay any recoverable social security payments made to the applicant or their accompanying partner and dependants in the first ten (10) years of residency in Australia.

EvannTel

Absolutely right and its quite complex but basically if you have sufficient assets/cash you get nothing, then sliding scale down to everything.
I did t for my mum and the paperwork involved was not easy ny any stretch but well worth it in the end.

KatiesGirl

Thanks for that, it is very complicated..
Can I ask another question?....does anyone know if my English pension will be frozen while I am waiting for the Visa to be granted (Non contributory, while staying in Australia) while still English citizen?...

mark213

No, only when you cease becoming a UK tax resident does your pension freeze. Until that date it will still be indexed. You need to inform the tax office when you leave of your new address to send you the money so thats when it all happens.

Wol

Also, be aware that if you are also getting a company pension, some of that may be frozen as well (the minimum guarantee part, if the company was contracted out.)

As one Gordon Brown said, at about the same time as refusing to contemplate unfreezing the pensions, :

>>What is morally wrong cannot be economically right<<

JAJ

Are you seriously telling us you're going to uproot with no assurance of a visa being granted? Do you also know you are breaking the law if you arrive as a tourist with an intention to switch to another visa? (and you WILL be asked).

Bermudashorts

If she leaves the UK indefinitely then she will cease to be UK tax resident and the pension will be frozen. Visa status and tax status are not the same thing.

OP have you taken professional advice on this move? As JAJ has mentioned, you are not allowed to come to Australia for the sole purpose of applying for an Aged Parent Visa, so if you arrive with all your wordly goods them immigration would get suspicious.

If you do get through immigration and then apply for the Aged Parent visa whilst on your tourist visa you would be on a bridging visa for up to ten years whilst you wait for the Parent Visa to be processed. If you need to worry about UK state pension indexing then I would also be worried about healthcare costs, you will only be entitled to the basic reciprocal health cover anything else you will need to fund yourself.

Wol

>>If she leaves the UK indefinitely then she will cease to be UK tax resident and the pension will be frozen. Visa status and tax status are not the same thing.<<

Not necessarily correct, without qualifications: if she moved to say the USA then her pension would not be frozen. I suppose tax residency would be assumed on application for a TFN with proof of legal residency.

Smartinis

I always get confused about this Aged Pension Visa. If you can only apply for it onshore (which is my understanding) then the person must have entered on a Tourist visa of some description. If DIAC don't want this to happen why do they even offer the visa in the first place. I've never been able to work out who it is intended for, but then I am of simple mind Can anyone enlighten me, but I've always puzzled over this one.

mark213

Aged Parent Visa. You enter on visa i.e. ETA in to Aus and prior to the expiry of the ETA visa you lodge a Aged Parent Visa application onshore (either contributory or otherwise). You will get a Bridging Visa to remain in Australia whilst the visa is granted so long as:
- they meet the aged test, balance of family etc.
- the sponsor (ie child) is valid and meets the 2 year residency period (usually) before sponsoring
- have entered Australian on a visa which does not have a condition which would prevent the applicant from making further visa applications in Australia (ie no further stay condition 8503).

Note bridging visas (classes A,C,D,E) do not allow the applicant to leave the country. Bridging visa B is only granted for short terms and only allows travel if you are on a Bridging A visa class and have substantial reasons to travel. But you must return by the date specified. (a holiday is not a substantial reason!)

JAJ

If you arrive as a tourist with the intention to remain you can be refused entry and put on the next plane home.