LisaB

Hi all,
My name is Carl, and my family and I are nearing completion to come over to Adelaide on a 457 sponsorship visa. I will be working for Arnotts as I currently work for Campbells in the Uk, same company so transferring over. Could someone please answer me a few questions as I seem to be banging my head against the immigration folks wall.

We would like in time for wifes parents to come over to live with us, we understand about contributory and aged visa's, also all her kids will be living in oz so a dependant visa could be an option.

Mother in law has a few probs but all controllable ie, diabetes (tablet controlled), she takes water tablets, blood pressure tablets, chloesterol tablets, also she, over the last couple of years had warts removed from her bladder, this is classed as a cancer but is not life threatening, and the warts if there are any are removed in half day surgery, she is checked every six months.

The reason I am telling all and asking is, has anyone known of a visa being refused because of these conditions? They are both otherwise fit and healthy and we will be sponsoring them, they are finacially comfortable although not stinking rich so would not be a burden to anyone.

Any info would be gratefully recieved.

Thanks alot

Carl, Lisa and family

Grayling

As far as I know, you will not be able to sponsor them if you are on a temporary visa.

G

oliverandlisa

OMG!!! you're going to be making TimTams!!! I shall have to keep in topuch with you... the best biscuits inthe world!!!


Lisa

Gill Palmer

Dear Carl & Lisa

http://www.austlii.edu.au/forms/sear...ases/cth/MRTA&

This is the link to a website where you can search on the basis of individual conditions and discover the decisions of the Migration Review Tribunal. You could try it with words like diabetes, benign cancer/benign tumour, hypertension and whatever the technical term for raised cholesterol might be.

I wouldn't trust any cases heard before 2000 (because a massive Court decision in 1999 resulted in alterations to the provisions describing the health criteria in the legislation.)

Also be aware that with some types of visa, the health criteria can be waived, but they cannot be waived for parent-visas of any sort.

I don't know anything about 457 visas, so I don't know whether you would be able to sponsor Lisa's family or not. You will need others to help you with that part of the question.

You could also try asking Austlii to look for Parent + visa + medical criteria or something like that (or Parent + Criterion 4005, which is the relevant one on health) and see what comes up.

Hope this helps. It is no substitute for getting properly-informed advice from a DIMIA panel doctor and/or a specialist solicitor called Peter Bollard in Sydney, but you can gain quite a good initial insight from the MRT cases.
I STRESS the importance of getting proper professional advice if in doubt.

Hope this helps

Gill

Gill Palmer

Another thought. On another thread, you say that Lisa's Mum is 70. I am not aware of any reason why Lisa's Mum would not be able to visit Australia on a tourist-visa for6-12 months, though others will correct me if I am wrong about this.

Assuming that a 6-12 month visit is possible, the info about this type of visa is all on the website of the Australian High Commission in London.

If the prospective tourist is 70 or over, their own GP has to complete a simple document called Medical Certificate, and this Certificate, together with the necessary Form 48R, can be downloaded from the AHC website.

In November 2005, Mum's Form 48R application fee was £35. Presumably you double that for 2 applicants. Because she was also applying for a CP visa, the Panel Doctor completed the Medical Certificate as well. However, I asked her NHS GP's surgery what they would charge to complete the MC and was told £60. Presumably double that if there are two applicants both aged 70 or over.

Mum lets her house when she goes out to Australia for 6 months or more. It is bunce-income, enables her to offset the cost of house-maintenance etc against Income Tax, and reassures her that the house & garden will be occupied, looked after and therefore unlikely to be ransacked by burglars or squatters, and in the event of a burst pipe or something, the letting agent sorts it out without bothering Mum. When it needed a new boiler, we were able to leave the whole thing to him. Apparently the new one works well!

Cheers

Gill

Gill Palmer

Also, forget Aged Dependant Relative option. For that, Parent has to be widowed/divorced/never married and such-like PLUS financially dependant on the sponsoring offspring for the necessities of food, shelter, clothing etc. Survival, not assistance with beer & skittles!

Subject to what Grayling has said (which I reckon is right) look on www.immi.gov.au. You should find and download Booklet 3 (Parent migration).

Gill

JAJ

You can't sponsor for anything when you have a 457 visa. It's only a *temporary* visa.

Are you sure you know what you may be letting yourself in for:
http://britishexpats.com/forum/showthread.php?t=324062

Is there any particular reason why your Australian employer is not sponsoring for a permanent visa? Both ENS and RSMS are options if the job is in Adelaide.


Jeremy

JAJ

A very difficult visa in cases where parents are resident in the UK (or any developed country).



Jeremy

LisaB

Dear Gill,
We cannot thank you enough as we have spent so much time trying to find answers.We will def check everything you have suggested and hope we can come up with something!!!
As a last resort to avoid medicals etc.We wondered if mum and dad used the eta visa came for 3 months then we all went on a holiday to thailand or somewhere then they could return again for 3 months so at least we could spend more time with them without the dreaded flight to uk every 3 months .They would return to uk for a few months then hopefully come back again.Do you think this could work for us or does anyone have any better suggestions or something that has worked for their families.
Any advice would be grately appreciated.
Thanks
Carl and Lisa

Gill Palmer

C&L

Short answer is that I don't know anything at all about ETAs. I've just been having a brief glance at the main DIMIA website, which seems to have a lot to say on the subject.

At the minute, I'm totally confused! I have never had to consider ETAs for my Mum. I suggest you go into www.immi-gov.au and follow the links to visiting Australia for a holiday. There seems to be a whole load about ETAs but I haven't had time to read the whole lot.

I suggest you take a good look at the above, I'll do the same and together we might be able to piece it together. Hopefully, one of the Agents will be on-line sometime this evening, who might be able to save us all hours of swotting! Alternatively, look out for some answers from JAJ. He is in Australia, and he seems to swing to action during the wee small hours in the UK.

I'll let you know if I come up with anything that seems useful.

Do bear in mind, though, that your Mum's own GP would be doing the medicals if your parents apply for 12 months on a sub-class 676 visa submitted by post. The Medical Form for it is not at all searching, and I don't think your Mum's doctor would have any difficulty with ticking "Yes" to every box. DIMIA would make the visa valid for 12 months and would be likely to let them in for a stay of 6 months at a time. However, the visa would be valid for multiple entry within the 12 months.

The effect is that instead of going to Thailand for a week or a fortnight after 3 months, you do that after 6 months. The visa is valid for multiple entry, so at the end of the hol in Thailand, Parents return to Australia with you. My Mum did that for 10 or 12 years with no difficulty at all. Thailand, Bali, Kuching, Kinabalu. She's seen 'em all! After the 12 months is up, Parents return to the UK and spend a respectable period of time over here. 6 months, I'd suggest - and then do the whole thing again.

This might be the answer to your problems until you can sort out PR for yourselves in order to help your parents to migrate. My impression is that DIMIA are stricter about it now than they used to be, and would not like it if your parents did this for as long as Mum has been able to do. On the other hand, they do also realise that there is no sense in being so stingy that they would end up forcing parents to apply for permanent migration when there are no guarantees that they geniunely believe that they could be happy if they were to relocate to Australia for the rest of their lives. My experience is that DIMIA prefer Parents to make SURE about whether ot not they really do want to cut their ties here and commit the rest of their lives to life out in Oz. DIMIA don't want them selling up in haste here, moving to Oz, finding that they can't settle out there, and trying to return to the UK in a right mess. The only way to let people make a decision that is right for them is to let them spend quite a long time in Australia before they have to decide.

Hope this helps.

Gill

Jonahs_mummy

Gill
Are you an agent?
Claire

cyclemark

Also worth bearing in mind that your wife's parents may not be eligible for Medicare so would have to have the top-whack private health insurance. Could run into $7k per year. Disclaimer - I am not certain of all the details for this, but I would definitely add it to your list of things to check on.

Good luck!

Grayling

Lisa

You are not going to solve anything by ignoring answers that are not what you want to hear.

People are trying to give you advice. Jeremy is, or has been, an agent.

There are a number of complications associated with your case. I suggest you employ an agent to guide you through it.

G

Gill Palmer

Claire

No. I am a daughter who has a sister in Australia. Our mother has spent a lot of time shuttling between the UK and Australia in the 14 years since Dad died, to try to spend time with both of her children. She has now applied for a Contributory Parent visa, but the Rules for those permit the Parent to go to Oz on a tourist-visa during the processing period for CP visas.

I only know about sub-class 676 tourist-visas for up to 12 months at a time because Mum has had several of those, and in mid 2005, I spent about 3 months swotting my way through the stuff about CP visas as well. I don't think I've ever had to work as hard - academically - since I did my degree. I jest not. The Australian High Commission in London's website says airily that the DIMIA website is "designed to facilitate self-assessment." Yeah, well! What it facilitated for me was complete confusion, but with enough sheer hard slog I managed to piece the whole thing together!

In this forum, I speak solely from our own, personal experiences of helping my mother. It would be useless to ask me about, say, skilled migration. It isn't something I have ever wanted to do, so I've left that book on the shelf!

Cheers

Gill

Jonahs_mummy

Gill

No probs - you sound like an agent though! LOL
My Mum has lived in Aus for almost 20 yrs so I also have a bit of an insight into the old tourist visa side!

Claire
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