Quote Originally Posted by Gollywobbler View Post
Hi Gill

Long-stay tourist visas.

There are no hard and fast rules, only Policy. A huge amount is left to the discretion of the indivdual CO considering the tourist visa application.

Once a CPV application has been submitted, Policy says that a Parent should be allowed a srat of 12 unbroken months in Oz on a subclass 676 long-stay tourist visa unless there is good reason not to grant this. As the processing period for CP visas has become longer, which it has been doing pretty steadily year on year, so increasing numbers of CPV applicants have taken to asking for 12 month tourist visas, understandably.

If a s/c 676 expires and the CPV is still not ready to be granted, then provided the Parents have already passed police checks and Meds, DIAC are telling them, "Look, don't go hoofing back to the UK or wherever. Just nip to Auckland for a week and we will give you another 12 month s/c 676 visa whilst you are there." The Parents then nip to Auckland again for another week whilst the CP visa is granted, because it cannot be granted whilst the Parents are on Australian soil. The visa label is affixed in Auckalnd and they can then return to Oz the same day if they wish.

So the question really is how do we tackle the s/c 676 long-stay tourist visas (mindful of the need to avoid treading on DIAC's corns) before the CP application can be submitted?

It is totally a matter of playing it by ear, you will find.

I've always found that the best way to handle DIAC is to be totally truthful with them and describe what you are trying to achieve and why. As long as they can see that you are not trying to be clever with "the system" they tend to bend over backwards to help.

The first visit should not be a problem. They do normally give British Parents a 12 month stay on their first viisit to Oz if this is what is requested. You will find that what happens about the second visit will actually be dictated by the timing about when you reckon you can submit the CPV application.

Do you absolutely have to be on the temporary SIR visa for a whole 2 years or whatever it is? I dont know the details of converting the temporary SIR visa to the one which gives PR in Oz, and it is crucial that you have PR before your Parents can apply for a CPV. DIAC have no flexibility at all about this because it is in the legislation, which leaves nothing to Policy or to discretion. If the child does not have PR when the CPV application is made then the CPV application must be refused and that is all there is to it.

Let us say that you obtain PR when you have been living in Oz for 18 months. If by then your lifestyle in Oz has become "settled" (which is a question of fact, not a function of time) there would be no point in hanging about for a further 6 months before makingthe CP application. The idea of the child living in Oz for 2 years in order to become "settled" is not in the legislation. The 2 years is just a very general Policy gude. Policy gives the Manager apf the POPC a LOT of discretion about this, and he is not a clod-hoping idiot. He is a very nice guy, very sympathetic towards Parents and their children etc etc.

What will undoubtedly happen on your Parents' second s/c 676 visa is that DIAC will impose Condition 8503 on this and on any subsequent s/c 676 visas They will do this just as surely as God makes little green apples.. They have a most unfortunate addiction to Condition 8503, especially in London!

The effect of Condition 8503 is that your Parents will have to be outside Australia when their CPV application is submitted (and the easiest option is to apply for the immediately-permanent CP 143 visa from the outset.) If they want to, they can make simultaneous applications for the CPV and for another s/c 676 visa. Thisis what I did for Mum.

So basically, you will work backwards in determining when to apply for the second s/c 676 visa, because by the time you are considering applying for it, you will have a pretty shrewd idea of when your own PR visa is likely to be granted. The CPV application can be submitted the day after you ahve the PR visa-label in your passport, but you must get the sequence of eents right. And you can rely 100% on the certainty that your Parents will need to be outside Oz when the CPV application is submitted.

Obviously, commonsense is for you, Hubby and your children to travel to Oz by yourselves initially, find somewhere to rent or to buy and generally get yourselves straight before your Parents go out to visit so that you can devote time to them once they arrive. Also, if the idea is for them to rent a unit or similar (might as well be small, cheap and requiring minimal clearning and maintenance inside and out) you migth want to orgaise that before they arrive.

Trust me, it takes Parents MONTHS to get used to the idea of the huge adventure of a trip to Oz. They love all the planning and they spend weeks packing as well! It is a huge deal for them and they thrive on all their friends going, "Coo err, dear! I wouldn't go all that way on out own at our age." Suddenly, your Parents will become the pioneers of their own peer-group. Let them savour that, I suggest. (You and I both know that they won't be allowed to move with about 6 people from Singapore Airlines fussing over them as if they were unaccompanied 5 year olds but their neighbours do not need to know this bit, my dear!)

So it could easily be 6 months before your Parets even follow you to Oz because you obviously don't want to bundle them back to the UK on Boxing Day or something. You will choose to time everything so that they get the best of both worlds weather wise.

I completely understand your own desire for certainty, and to try to offer the same to your Parents. However, you will definitely find that the whole thing is less cut & dried than you can imagine at this stage.

We are miles away from the poit where you need to hob-nob with DIAC about your plans for your Parents. YOu and I can deal with the nuts and bolts of all that at the relevant time.

Do your Parents have internet access? Webcams are brilliant. Here are some good links for them too:





(If they are not already genned up with computers, they soon will be thanks to the Aussie Seniors Computer Association or whatever it is called!)


Again Wow Gill!What can i say!You are so upto date with everything thanks again for all the info and advise!By the way what is St Andrews Way like (Morphett Vale) OH spotted a house he saw on Internet he quite liked the look of!
Good luck next week at the Kindy by Woodcroft Primary!