What chance of parent visa? Advice needed.

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Old Dec 13th 2004, 11:48 am
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Default What chance of parent visa? Advice needed.

Hi there

My sister in law moved to Perth back in June. Her brother and myself are currently half way through the process of getting PR too. We visited my partners parents this weekend and they are hoping that after my sister in law has been in Oz for 2 years they can apply to go out there as PR's too.

I am not sure how difficult/easy this would be and hope they are not setting themselves up for a fall. As far as I was aware - its not that easy for parents to get PR, is it? They are also convinced that they would be able to work there too. Is this the case?

They are currenty 55 (mum) and 57 (dad), they have 4 children, 1 in Oz, 1 currently in England but applying to go to Oz, and 2 who will stay in England.

If anyone could shed some light on this issue I would be grateful. I have looked through Booklet 3 but find it a bit confusing.

Many thanks

Tracey
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Old Dec 13th 2004, 12:00 pm
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Default Re: What chance of parent visa? Advice needed.

I'm in a similar position. My parents are retiring out there, we have our PR visa, my brother is in the process of applying for his. Anyway to cut a long storey short, my understanding is that once you have your PR visa and have lived out there for a minimum of 2 years then it's easier for your parents to obtain a parental visa (As long as balance of the family is in OZ too - I think). I think there is a financial committment.

HAve you looked at retirement visa's for them in the interim (baring in mind it's worth getting the application in before the end of this year, it's fairly easy. There are going to be changes to the retirement visa in the new year).

I'm a bit rusty on this so it might be worth seeing what others have to say too.

cheers.
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Old Dec 13th 2004, 2:52 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by traceyandian
Hi there

My sister in law moved to Perth back in June. Her brother and myself are currently half way through the process of getting PR too. We visited my partners parents this weekend and they are hoping that after my sister in law has been in Oz for 2 years they can apply to go out there as PR's too.

I am not sure how difficult/easy this would be and hope they are not setting themselves up for a fall. As far as I was aware - its not that easy for parents to get PR, is it? They are also convinced that they would be able to work there too. Is this the case?

They are currenty 55 (mum) and 57 (dad), they have 4 children, 1 in Oz, 1 currently in England but applying to go to Oz, and 2 who will stay in England.

If anyone could shed some light on this issue I would be grateful. I have looked through Booklet 3 but find it a bit confusing.

Many thanks

Tracey
If a parent meets the balance of family test then it is relatively easy to get a Contributory parent visa. It takes around 6 months to obtain.They also have to meet health requirements etc.
You have to be considered 'settled' in Australia in order to sponsor (not necessarily 2 years).
They will need an assurance of support and to act as assurer the person has to show 2 years tax returns. The sponsor and assurer can be different people.

The fees are around $25000 per person and the assurance bond is $14000 for a couple. The assurance is for 10 years. The fees have changed recently and are now a bit more than this and you also have to pay the usual visa fees:

www.immi.gov.au

This visa gives PR and full work rights and medicare. Any other benefits claimed will be deducted from the bond or repaid by the assurer.

There is a temporary 2 year visa which does not require an assurer and this can be converted to a PR visa by the payment of the additional fees within the 2 years. They will then need an assurer.

G

Last edited by Grayling; Dec 13th 2004 at 2:55 pm.
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Old Dec 13th 2004, 3:40 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Grayling
If a parent meets the balance of family test then it is relatively easy to get a Contributory parent visa. It takes around 6 months to obtain.They also have to meet health requirements etc.
You have to be considered 'settled' in Australia in order to sponsor (not necessarily 2 years).
They will need an assurance of support and to act as assurer the person has to show 2 years tax returns. The sponsor and assurer can be different people.

The fees are around $25000 per person and the assurance bond is $14000 for a couple. The assurance is for 10 years. The fees have changed recently and are now a bit more than this and you also have to pay the usual visa fees:

www.immi.gov.au

This visa gives PR and full work rights and medicare. Any other benefits claimed will be deducted from the bond or repaid by the assurer.

There is a temporary 2 year visa which does not require an assurer and this can be converted to a PR visa by the payment of the additional fees within the 2 years. They will then need an assurer.

G
Thanks for this info - so as long as my sister in law can provide tax returns for 2 years it does not matter how long we would have been there? Its just we need to be there for them to meet the balance of family test.

Also - once the assurer has paid 14000 for 10 years they do not need to pay anything after that? (Apart from 25k each)

Thanks
T
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Old Dec 13th 2004, 4:02 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by traceyandian
Thanks for this info - so as long as my sister in law can provide tax returns for 2 years it does not matter how long we would have been there? Its just we need to be there for them to meet the balance of family test.

Also - once the assurer has paid 14000 for 10 years they do not need to pay anything after that? (Apart from 25k each)

Thanks
T
They will need at least half their children in Australia to pass the balance of family test.

As I understand it the sponsor only needs to be 'settled' in Australia.
If this is not the case then you SIL could be the sponsor.

If your sister in law has 2 years tax returns then she should be able to act as assurer. Once the initial fees are paid then there is only the bond to find. This is for 10 years though.

The assurer would be expected to pay any 'recoverable' benefits. Medicare is an entitlement with this visa.

The fees were increased recently so you would need to consult the website for the exact amount.

Good luck

G
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Old Dec 13th 2004, 4:15 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Grayling
They will need at least half their children in Australia to pass the balance of family test.

As I understand it the sponsor only needs to be 'settled' in Australia.
If this is not the case then you SIL could be the sponsor.

If your sister in law has 2 years tax returns then she should be able to act as assurer. Once the initial fees are paid then there is only the bond to find. This is for 10 years though.

The assurer would be expected to pay any 'recoverable' benefits. Medicare is an entitlement with this visa.

The fees were increased recently so you would need to consult the website for the exact amount.

Good luck

G
There is also an option of obtaining the visa in 2 stages.
The same requirements are needed but the visa can firstly be a 2 year temporary visa on payment of part of the fees. This temporary visa does not require an assurer. It can then be converted to a PR visa on payment of the rest of the fees within the 2 years. An assurer would be needed at that point.

Whether or not this is a good way of doing it is a matter for debate.

G
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Old Dec 13th 2004, 11:21 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Grayling
There is also an option of obtaining the visa in 2 stages.
The same requirements are needed but the visa can firstly be a 2 year temporary visa on payment of part of the fees. This temporary visa does not require an assurer. It can then be converted to a PR visa on payment of the rest of the fees within the 2 years. An assurer would be needed at that point.

Whether or not this is a good way of doing it is a matter for debate.

G
In general, the best way is to bite the bullet and get the permanent visa straight away. There are circumstances in which the temporary contributory parent visa holder can get into a complete mess.

And in answer to the original question, permanent contributory parent visa holders have full PR rights to work, study and live freely in Australia. And become Australian citizens after meeting the normal residence requirement.

Jeremy
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Old Dec 15th 2004, 8:19 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by JAJ
In general, the best way is to bite the bullet and get the permanent visa straight away. There are circumstances in which the temporary contributory parent visa holder can get into a complete mess.

And in answer to the original question, permanent contributory parent visa holders have full PR rights to work, study and live freely in Australia. And become Australian citizens after meeting the normal residence requirement.

Jeremy
Hi Jeremy,

Is it possible to include the parents as dependents while initially applying for a 136/137 visa. So that we can save 25000A$ upfront

Hope to hear from you,

Rgds,

prince
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Old Dec 15th 2004, 11:04 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Prince1975
Hi Jeremy,

Is it possible to include the parents as dependents while initially applying for a 136/137 visa. So that we can save 25000A$ upfront

Hope to hear from you,

Rgds,

prince

Short answer is no.

Longer answer is that it might be possible to include one parent in very exceptional circumstances, but then your PR will be refused if the parent fails the health criteria.

Don't you think DIMIA have already thought of this?

Jeremy
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Old Dec 16th 2004, 5:22 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by JAJ
Short answer is no.

Longer answer is that it might be possible to include one parent in very exceptional circumstances, but then your PR will be refused if the parent fails the health criteria.

Don't you think DIMIA have already thought of this?

Jeremy
Thanks a lot Jeremy....

rgds,

Prince
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Old Jan 5th 2005, 10:03 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by JAJ
Short answer is no.

Longer answer is that it might be possible to include one parent in very exceptional circumstances, but then your PR will be refused if the parent fails the health criteria.

Don't you think DIMIA have already thought of this?

Jeremy
Jeremy
can you clarify the health critieria please?
My mother has had breast cancer in the past but it is completely gone now. Would this affect her plus her husband has mild diabetes.
Thank you once again for your help.
Tara
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Old Jan 7th 2005, 7:14 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by ali south
Jeremy
can you clarify the health critieria please?
My mother has had breast cancer in the past but it is completely gone now. Would this affect her plus her husband has mild diabetes.
Thank you once again for your help.
Tara

Tara,

They take only X-Ray to check for TB. Check with your doctor whether it can be detected thru blood test, urine test or X-Ray. These are the only test performed during ur medicals.
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Old Jan 7th 2005, 7:16 am
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Prince1975
Tara,

They take only X-Ray to check for TB. Check with your doctor whether it can be detected thru blood test, urine test or X-Ray. These are the only test performed during ur medicals.
thank you
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Old Jan 7th 2005, 4:40 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by Prince1975
Tara,

They take only X-Ray to check for TB. Check with your doctor whether it can be detected thru blood test, urine test or X-Ray. These are the only test performed during ur medicals.
Prince - and Tara

The form is quite specific - you must declare any past, and present, medical conditions - it isn't just a question of what can be detected in your medical examination. You declare it and they ask for further examinations if they consider it necessary.

Tara - hopefully Jeremy will pick up this for you and give you the definitive answer. Better safe than sorry?

Jim
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Old Jan 7th 2005, 11:36 pm
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Default Re: What chance of parent visa? Advice needed.

Originally Posted by ali south
Jeremy
can you clarify the health critieria please?
My mother has had breast cancer in the past but it is completely gone now. Would this affect her plus her husband has mild diabetes.
Thank you once again for your help.
Tara

Every case is different, but as a general rule if one has been completely clear of cancer for three years it should not cause a problem for the health criteria in itself. Mild diabetes should also not be a problem provided it's controlled and there are no associated conditions or complications.

However - you need to pass the balance of family test and meet the other requirements for the visa before they will even look at the health requirement.

Jeremy
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