graham__smith

Hi
Its been a while since I have been on this forum.
Im wondering if i can have some advice for the following

My wifes parents have visited us here in Perth every year since we emigrated in 2004.

Her father passed away in September last year.
Her mum would like to move over to be with her daughter and grandson.

She is 68 years old and my wife is her last remaining relative.
She is visiting on holiday soon and we are considering if applying for an Aged Parent(804) or Remaining Relative(835) Visa is a viable option

She holds a UK passport (born in the UK and lived there all her life)arriving on the normal evisitor 651 visa

The visa conditions are
8115 - BUSINESS VISITOR ACTIVITY
8201 - MAXIMUM 3 MONTHS STUDY
8527 - TUBERCULOSIS FREE
8528 - NO CRIM CONVICTIONS

I should add that she is still working in the UK and has not sold up or anything.

My understanding is that if she is eligible to apply that a bridging visa A would be issued.
As she would need to go back to the UK to retire from work and sell her house, would she then be eligible for bridging visa B ?

What is the processing time for 835 vs 804?

Any advice on how best to proceed would be greatly appreciated.

At this stage we have not considered Aged contributory parent visas due to cost as this would take a decent chunk out of her assets. She would be staying with us.

Thanks

Bermudashorts

A parent cannot be sponsored by their child for the last remaining relative visa. So the parent visas are the only option, other than the retirement / investor visas but they are temporary and require a great deal of money.

A bridging visa A would be granted if she applied for the parent visa onshore. I cannot imagine she would have too much difficulty gettting a BVB, but she just will not know until she applies. It will only be valid for three months though, so she would need to get things sorted pretty quickly.

I think the official processing times for the non contributory parent visas are about 30 years but I recently saw a migration agent comment that they were not taking this long - but it would still be many years. The contributory parent visas are more like 18 months, is this an option?

graham__smith

Thanks for the reply.
Now I know that the 835 visa is not viable.

Her only real asset is he house (ex council) Contributory Parent Visa we have not looked at for the moment as it would take a decent chunk of the money she would get for the house.

She would be staying with us if she came.

I realise that the Contributory Parent Visas are granted in just under two years but I cant really work out the benefit for an aged parent like her as the non contributory visa lets you stay while it is being processed.

Is there something glaring that i am missing?

Thanks again for the advice

Bermudashorts

Well the difference is the contributory visa provides certainty and security much quicker. A lot of people would not want to live in limbo on a bridging visa for all that time, not knowing if they will get the BVB to travel overseas if they need to, more time for health to decline and risk failing the medical down the line, limited medicare access etc.

The other reason is that the aged parent visa has to be applied for onshore in order to get the bridging visa. For many this would mean a risky trip of pretending to be a tourist and running the risk of being sent back if their motives were uncovered.

graham__smith

Ah I get what you mean. If the processing time for the 804 was not 30 years you could potentially be trying to pass a medical in your 90's

She is visiting in the normal timeframe that she has visited every year since 2004 but i realise that it could be viewed as visiting for the purpose of applying for a permanent visa.

Which I suppose begs the question why have such visa options.

Battery at 3% and up for work at 5 so will be back on tomorrow.

Thanks for the info.

verystormy

Be very careful of the none contributory visa.

There is a case today in the news of a English pensioner that has gone down this route. She has been here on a bridging visa for a number of years. In the mean time - not unusually for an older person - her health has got worse. As a result, she has failed the medical and will now be deported. The family are up in arms on the news. Personally, I have no sympathy as it is a well known issue.

The reason such visas still exist is because the government tried to get rid of them, but made a mess of it in legal technicalities and was forced to re-introduce. But, the department have then just put them to a very low priority.

Dorothy

Don't forget the part about having to maintain private health insurance too. The reciprocal agreement is finr for emergencies, but things like a cataract or knee replacement are not considered to be energent and she wouldn't be covered. I think most people don't realize this and think that they're ok with just reciprocal.

A couple of years ago we had exactly that situation - older English lady on a bridging visa needed coronary angiography. Because it was considered elective (although semi urgent) she was not covered by Medicare and faced the choice of paying for the procedure or going to the UK to have it done.

Pollyana

....which would now not be so easy since they have started enforcing the rule that the NHS is for residents.

graham__smith

Yes we have direct experience of this.

Went back to the UK a couple of years ago for a family wedding. Just under two months before departure my wife fell pregnant. A scan the week before we left revealed that the pregnancy had not progressed at the rate the dates suggested. Doctor said another scan needed in two weeks as it was 50/50 he printed a letter to present to the GP in the UK. Went to GP in the uk and they said as we are non resident we would not be seen.
Went to a private clinic for the scan and found the pregnancy was not viable.
The girl suggested just turning up at A and E and say your in pain or my wife could see if the pregnancy would end naturally. Opted to let it end naturally. No complications.

A bit off topic, but just to illustrate we are aware of the "new rules"

graham__smith

Back on topic.

looking through the visas it seems the options and costs (excluding Assurance of support Medicals and Police Clearances) are

Aged Parent(804)
$5935 ($3870 + $2065)

Contributory Aged Parent(864)
$47295 ($3695 + $43600)

Contributory Aged Parent(884) + Contributory Aged Parent(864)
$52570 ($3695 + $29130 + $325 + $19420)

Do these figures seem correct?
Am i missing any other fees except Assurance of Support Police and Medical?

Thanks again for your input

graham__smith

I cant seem to find reference to BVB being valid for only 3 months.
Do you have experience with BVB only being valid for this time?

I downloaded the BVB application form and question 12 says

12 Intended overseas travel
Note: A Bridging visa B allows you to travel until a specified date
UNLESS the visa ceases prior to that date.
A Bridging visa B will cease either 28 days after notification of a decision
(either by the department or by a review authority) in relation to your
substantive visa application, 28 days after withdrawal of your
substantive visa application, or, if you have applied for judicial review of
a decision in relation to your substantive visa application, 28 days after
completion of the judicial review proceedings or withdrawal of the
judicial review application.
Destination (Country and region/town/city)
Date of expected departure
Day Month Year
Date of expected return
Purpose of intended travel

EDIT
After researching a bit more I have found conflicting information.

From
Are you confused by Australian Bridging Visas? - Visa Australia

2. Bridging Visa B

If you would like to travel out of Australia and avoid your BVA being cancelled while waiting for you substantive visa application to be processed, you will need to apply for a BVB.

Important things to note about a BVB:

Generally, this visa is only valid for three months so after it is granted you will need to be back in Australia before the three months is up.
Due to the three month time limit, you should only apply for the BVB 2-3 weeks before you intend to travel.
You will need to fill in a simple form and provide this to the Department who will process the visa in a few days and notify you if it has been granted.
You can hold a BVA and a BVB at the same time.

From
B sure you can return — for Bridging visa A holders | Migration Blog

If you hold a Bridging visa A

If you hold a Bridging Visa A and want to leave Australia, you should apply for a Bridging Visa B before you leave.

This is because a Bridging visa A (which you may hold as a result of applying onshore for another substantive visa) will cease when you leave Australia— even if you hold another visa that allows you to travel and return to Australia.

If you apply for and are granted a Bridging visa B, it won’t cease when you leave Australia. However, it will cease if you remain overseas beyond the travel period expiry date. When you are granted a Bridging visa B, it ceases your Bridging visa A.

Depending on your situation, a Bridging visa B can be granted with a travel period of up to 12 months, and will let you depart and re-enter Australia as often as you wish within that time.


Bolded Relevant parts for clarity

The second example talks about skilled migration in that article. Dont know if it makes any difference if the Main Visa application is not skilled.

Apologies for the walls of text :0)

Bermudashorts

personal experience of it no. Other than I have been on BE for seven years and have seen many people mention it, always seems to be for three months but if you have found otherwise that is a learning for me.

graham__smith

Yes Ive not been on BE for several years and this is my first time seriously looking at parent visas.
The Aus government immigration website can be super detailed on some things and quite vague on others.
I suppose they cant cater to every possibility.

Just trying to get as much information as possible so the MIL can make her own informed decision.

flump

Hi Graham

So did you decide which route to take? Also looking in to parent visas so its interesting to read how others are going about it.

CLaire

graham__smith

Hi Claire

She went for the 804 visa in the end.
We went into the Immigration office in Perth to lodge it but they don't accept that type of visa application over the counter.

They directed us to some phones in that office with a direct line to the immigration dept.

We phoned them as we wanted to ask about the bridging visa B and if our timeframe was enough to get the application assessed and Bridging Visa B granted.
The lady i spoke to was very helpful and said that was plenty of time but just incase to Send the main application and bridging visa application together. One of the ladies we spoke to in the Perth office said if we are lucky they will grant a 5 year Bridging visa B

Went into the city (Perth) and posted the applications. Sent it recorded delivery. Perth to Northbridge is one suburb away but Auspost managed to mis sort it and sent it to Joondalup so it took a week to get there.

The immigration dept processed it the next morning and received by email a letter saying it was a valid application and grant of Bridging Visa A.

A few hours later received another email with a letter of grant for Bridging Visa B. With just over one year expiry. (Which is what we requested on the Bridging Visa Application)

The bridging visa does not come into effect at the moment as she already holds an e-visitor visa that has not expired.

She has gone back to the UK to retire and rent or possibly sell her house and hopes to be back before christmas.

Hope this info helps you or anyone else who comes across this post.