Lynn W

Hi everyone,

I have a really important question which is worrying me. My partner, myself and my children are heading out to Brisbane in January next year. My mum would dearly like to join us, she is divorced from her husband(not my father) she has no other children. Her only remaing relative is her brother who she has not seen for many years. She has no real savings just her flat. She does not live with me, but she realise on me alot for shopping, bill paying etc. she is 68 years old and not in the best of health she has arthritis in her knees. The way we have thought of is for her to get a year holiday visa at the same time as as leaving, and apply for an extension once there. Then when we have been there two years or so we can sponsor her. The only other way is for her to get 3month visas and leave the country for 24hours then return, but she would need to do that alot within the two years.

Is there any other way in which i can do this that i have not fought about! we are using an agent for our move..

I cannot leave her here for two years, it will kill her !

your ideas will be very very very welcome !

Cheers Lynn x

floss

I may be way off the mark here - but when I filled in my (Spouse) visa application there was a section for children but also for dependant parents - maybe this might be something to look at.... but since you're already using an agent, can they not point you in the right direction???

Phil-UK

Jeremy would be the best to answer this but...

Have you already been granted your visa ?

I know there is a dependant relative bit you can look into and if she's gonna move with you (or plan to) why not get her moved in with you sooner rather than later, surely that will go some way to prove she is dependant on your support than being in her own flat ?

Good luck, it must be awful to think of leaving her behind. Not sure if the athritis will come into it but others will be able to advise better than I can.

Phil

Lynn W

Hi Phil, we have not been granted our visa's yet ! we are putting our house on the market in July and moving in with my mum until we move over. we have sent in our TRA and have been told wont be a problem! we have paid for a priority application. I thought that with the dependant parent bit she would need money to back her up ?. I have also been told that if she moves in with us now, because we have already started our visa process it may look a bit suspect !

She currently lives across the road from me, i moved into my house to be near my mum but still give her some independence !

Thanks for your comments Phil

regards Lynn

Ceri

I don't know if this will help, but I remember "Timber floor" had a similar problem, wanting the dad to come too , so I did a search for the thread:

http://britishexpats.com/forum/showt...&highlight=dad

Don't know what happened in the end if his dad came out here, I haven't seen this person on here for a long time, maybe you can Pm or email timber floor as well.

There are a few links in the above thread that will take you to the gov site about sponsoring parents too which may help answer some of your questions.

cheers

kitty4

Hi Lynn
sent you a pm.

JAJ

1. You cannot live in Australia as a tourist for 2 years. She can visit, eg to escape the UK winter, but must stay resident in the UK.

2. Contributory Parent is the most realistic visa option. Balance of family is the main requirement rather than dependency. However you need to be in Australia for two years, and standard health criteria apply.

3. Proving 'dependency' for parents is extremely difficult. And even if you succeeded, if she then failed the health criteria your own PR application would be refused.

If you really cannot leave your mother behind, then you need to seriously think about whether you want to migrate or not.

Jeremy

Lynn W

Thanks for your reply JAJ, in answer to whether we want to go is not really open the answer is yes! most defiantly !.

With regards to my mother she wants to come over with us. I think the only forward for us is to apply for a holiday visa, then fingers crossed apply for a poss extension whilst in oz, then if we have to we will leave oz each 3rd month until such time as we can sponsor her. do you know whether we have to return to the UK each 3 months or can we just go to newzeland etc for 24 hours or so?

this is very difficult for me and my mum ! your help is really appreciated Jeremy! many thanks.

and thanks to everyone else ! X

LYNN

vivi

Hi Lynn, we are in the same boat. Spoke to our agent who got us out here, went through all the options. She suggests that after being out here a year we start the process, as hubby has a job, bought a house etc etc. We then will go down the parent con tributary visa. Things change all the time, they are stopping the retiree visa (mega dosh amounts to about $800k) You never know what they will bring in in July.......me hopes they will reintroduce the £10 pom ticket. Always the optimist! Good luck anyway!
ViVi

JAJ

I'm afraid I'm going to sound harsh here but your mother most likely *cannot* move with you. As I've noted, the criteria for parental dependency are really, really hard to meet, and carry risks of refusal of the whole application on health grounds.

She can visit - yes. But live in Australia - no - until she is granted a migration (or retirement) visa.

If you try and extend a tourist visa in Australia you will likely get Condition 8503 - No Further Stay. That means what it says, after the extension is up - go home.

You cannot try to get around the rules by leaving and coming back every 3 months. As soon as DIMIA officers on arrival see the amount of time you've spent in Australia, and they see you are trying to live in Australia a tourist, they will refuse entry to Australia.

You can sponsor after two years, but remember the contributory parent visa has standard health criteria and many applicants are refused on this basis. It's also not clear that the balance of family test will be met (it might not be if her ex-husband has other children).

You need to do some serious thinking, and what you and your mother *want* is not necessarily what will be possible.

Your agent should be able to explain all of this in more detail.

Jeremy

CadburysFingers

This may sound harsh, in fact I know it will, but its time for a reality check. The most important people in your life (hopefully) are your husband and your children, they are your number one priority. You have to put what they all want first, your mother will manage perfectly fine. on her own. At 68 she has made her choices, now its time for you to make yours.