Corkhead

hi
I was hoping someone canhelp.
im a australian citizen have been in the UK for 18 month helping my mum care for my stepdad who has cancer. he now has been given monthto live. then I want to return to oz. I would like for my mum who is 61 to come with me as only have a brother in UK and not that close.
ive been looking at all visa options but hard when my brain is stressed but want to get it sorted before my s dad passes away as that will be hard enough.

she is to young for aged parent, how can I have her in australia with me and for her to apply for permenent visa?

thanks in advance

Bermudashorts

I am a bit confused as to when you want to do this, you say you want to have it sorted before your step father passes but then you say you want her in Australia when she applies. But I assume she is not going to go to Australia at the moment so how can she apply in Australia in order to have this sorted ....

Putting that aside for a moment and I am sure you can clarify quite easily ... there is a contributory parent visa, if there is just one other son then she may qualify for this, it is expensive though. Has she expressed a wish to go to Australia? Perhaps initially she just goes out on a tourist visa to see how she likes it before committing to the large expense of a parent visa.

Corkhead

thanks for that, whatI meant was when my step dad passes away I want to already have all the facts regards visa and a plan in place for mum to make it easier. I thought you had to be off shore to apply for a cpv, so if she comes over on a visitor's visa will she have to leave to apply for the cpv? we lived in oz for 7 years prior to his illness so they have been there 5 times to visit and love it. its all difficult I have emailed the parent Visa department in perth to see what they say.

Bermudashorts

Offshore visas mean that applicant needs to be offshore when it is granted but can often be lodged either onshore or offshore, and I believe this one can be lodged onshore. It presumably is not a big deal though is it, she could also lodge in UK and then go on tourist visa to visit.

Immigration do not typically provide advice on visas, unfortunately some of them try to but they are renowned for giving bad advice as they are not trained for this, so take care. You need a migration agent for advice ... or BE, what else do you want to know? There are loads of people on here who applied for the parent visa.

campervanfan

Corkhead- you are correct that your mum has to apply offshore- she would need to be 65 to apply onshore ( this is calculated by her birth year). So reverse the process you suggested; when the time comes for you to return, get her to apply for the CPV , then the visitor visa (600). You need to thoroughly read Booklet 3 from www.immi.gov.au/parents & make sure the Balance of Family test is met first ( which it appears to be unless your stepfather has any children )

Bermudashorts

Both these quite clearly state that the visa application can be lodged either onshore or offshore (see how to apply). A number of offshore visas can be lodged onshore, they just cannot be granted onshore.

http://www.immi.gov.au/migrants/fami...w-to-apply.htm

http://www.immi.gov.au/migrants/fami...w-to-apply.htm

Having said that, I can see no reason why they wouldn't lodge whilst in the UK, but am just clarifying the point.

campervanfan

0h BS-

"If you're in Australia & applying for an onshore Parent Visa, you must meet an age requirement".....born after 1st Jan 1949 ( as this lady would have been) that would be 65. Just trying to clarify for the OP, not to override your answers!

DaveandLinda

As others say, the only real option if you want your mum to come over sooner rather than later is the Contibutory Parent Visa 143. The waiting time is around 15-18 months, but it is expensive:
http://www.immi.gov.au/allforms/990i/parent.htmg
Bear in mind this will increase on 1st July plus there is a $10,000 Assurance of Support which is only refundable after 10 years. Although the rules say that this visa can be applied for while onshore your mother may have a no further stay condition on her visitor visa which would prevent her from doing this. Much better to prepare everything and when the time comes put in the application. Your mother could then apply for a visitor visa for up to 12 months. She does need to be offshore when the visa is granted.
If this is too costly, there is also the Parent Visa 103, which is cheaper, but has a long waiting list of around 15 years. Having said that parents who have submitted an application for a 103 can apply for a 5 year visitor visa, which allow them to spend up to 12months in every 18 in Australia and even those who have not applied for the 103 can apply for the same visa for up to 3 years.
In order to apply for an onshore 804 visa your mother would have to be 65. Your mother should also be aware that her state pension will be frozen at the level she starts drawing it when she is in Australia and she will not be able to access an Australian aged pension for 10 years.
Have a look at Booklet 3 for further information and the DIAC website:
http://www.immi.gov.au/migrants/family/visa-options.htm
http://www.immi.gov.au/allforms/booklets/books3.htm
There is also a CPV thread on here where you can post any further queries:
http://britishexpats.com/forum/showthread.php?t=695389

Corkhead

Thank you everyone for your replies,

I'm thinking maybe a holiday visa make sure she likes it then the cpv, or if she doesn't want to pay all her money, she tries for the 5 year visa and spends time in UK as well and then when she is 65 she could apply for aged parent and be granted a bridging visa ... Or should she apply for 103 now so she will be 4 years into it by 65... So many options

Just another quick question, no matter what parent visa she goes for can she still get the holiday visa whilst he is waiting?

DaveandLinda

Yes she can. She just needs to make sure that she keeps her case officer informed that she is going to Australia as she needs to be offshore when the visa is granted.

She could apply for the 103 anyway and then the time spent waiting on this visa will be taken into consideration if she then applies for the CPV 143. She will have to pay another initial VAC though.

TeeTMI

Yes, look at the 600, depending upon which parent visa she has applied for there are different overall lengths that this visa can remain valid. Form 18 months to 5 years, permitting a max stay of 12 months in any 18 months.

However, if you are looking to apply onshore once she reaches 65 you need to be aware that there are conditions attached that may impact on this and you may wish to consider your tactics.

campervanfan

oh go on- expand a bit

Corkhead

I've done a lot more research now, thanks for all your help think cpv is the best way.

Due to us being out of the country for 18 months will this be a problem with sponsoring her? I.e. no tax return for income ?

Bermudashorts

That is a very good point, you are supposed to be usually resident or something in Australia. How long have you lived there, do you maintain a home there?

Corkhead

we lived there since 2005, we are citizens, but were only renting so gave up lease !