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    1. #11

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      Gill,

      I have read your post with huge interest and want to say a huge thank you to you for taking the time to share this information. I will be reading it again and again in the hopes that I can get my beloved Mum out here once we get permanent residency.

      :)

    2. #12
      Lisajonesey
      Great post and definatley food for thought. Nice to see there are actually other options if you dig deep enough.

      Lisa.

    3. #13

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      Exclamation Information update september 2009

      Hi All

      It is over a year since I first posted this thread so it is time to update some of the information in it. In no particular order, here goes:

      The visa is here:

      http://www.immi.gov.au/migrants/family/aged/804/

      One Parent must be old enough to qualify for the visa and both Parents must be in Oz, not restricted by Condition 8503, at the time when the APV 804 application is made.

      Condition 8503 is here:

      http://www.immi.gov.au/media/fact-sh...dition8503.htm

      Do not be greedy when applying for the visitor visa is the answer. Plan a short visit only, use a short stay ETA or e-visitor visa and then see how Parent feels after s/he has reached Australia. It is perfectly legitimate to change one's mind about one's plans AFTER arrival in Oz. What usually happens in practice is that Parent is in the UK, dithering, so you have to get Parent out to Oz in order to have a proper discussion about what to do for the best.

      ************************************************** ************

      Waiting Times for the APV 804

      DIAC's Report on the performance of the Migration Program for the year ended 30th June 2009 has now been published and is here:

      http://www.immi.gov.au/media/statist...am-2008-09.pdf

      The Parent visa situation is described on pages 13 and 14.

      Historically onshore applications for Aged Parent and Contributory Aged Parent applications were processed by the local DIAC office closest to where the Parent was living. They are now all processed by the Parents Visa Centre in Perth. (Popularly known as the PVC, which conjures images of old dears with interesting fetishes if you ask me. I dunno which joker failed to foresee this!)

      As at 30th June 2009, 600 APV 804 visas are available each year and there were 4,852 applicants in the official Queue awaiting their visas. So once in the Queue the wait is then around 7-8 years.

      Once Parents are in the Queue the wait is usually a bit shorter than the published figures suggest because some parents move out of the Queue and into applications for Contributory Aged Parent visas instead, others unfortunately become ill or die during the wait and so on.

      The Queue

      Additionally, a pecking order is applied at the point when the Parent is added to the Queue. Parents who have all their children in Oz and all the children are Australian Citizens get some priority for that. Parents who are elderly get preference over younger ones. Single Parents get priority over couples and so on. It is a waste of time to try to use the Queue calculator until the PVC have given you the official Queue Date because any date that you might guess at will be likely to produce a signifcantly inaccurate result.

      Parents are not added to the Queue until after they have passed the first set of meds and pccs. The PVC make contact about 16 months after submission of the application in order to request these.

      My instinct is to wait for about 12 months and then get the meds and pccs ready. I think it is worth anticipating the request when the Parent has lived in a country from which it is likely to take time to get a police check, or where a meds issue might crop up which is likely to require a visit to a specialist and so forth. If all that the CO has to do after 16 months is apply the pecking order (Ministerial Direction 42 I think it is) and then tell you the Queue Date, it will save a bit of time with getting into the Queue.

      Don't be tempted to frontload too early though because that will not get Parent into the Queue any faster. If the meds and pccs have expired by the time a CO examines the file you will simply be told to do them again, which is a waste of both time and money.

      ECHR Appeal on British State Pensions - 2nd Sept 2009

      http://www.pension-parity-uk.com/

      Tim Otty QC led the team representing the British Pensioners. His address to the Grand Chamber of the ECHR is here:

      http://www.pension-parity-uk.com/newsletters

      The decision is expected in March or April 2010. It is a slow process because 17 Judges are involved from at least 15 countries. The campaign has the full support of the Australian Government, following tjhe ECHR Judgement last year which helped British Pensioners in EU countries but excluded all the 525,000 or so British Pensioners (including my mother) who have moved to countries which are outside the EU and do not have reciprocal Social Security Agreements with the UK. Australia does not have a reciprocal SS agreement with the UK. Over half of the British Pensioners affected by this issue are believed to be in Australia.

      http://www.gomatilda.com/news/article.cfm?articleid=479

      Tim Otty QC has had a very distinguished career. He is one of the youngest ever to take silk when he did, some years ago now, and he is widely regarded as one of the best Human Rights lawyers there is. Fingers crossed that he has managed to convince enough members of the Grand Chamber to get a consensus in favour of the Pensioners.

      The British Government has two central arguments:

      1. We can't afford it; and
      2. The Pensioners knew what the deal was before they left the UK.

      The Telegraph argues that the Government can afford it:

      http://www.telegraph.co.uk/expat/606...injustice.html

      The second argument is specious. If the Government's stance has been unlawful then my mother cannot have given a valid and binding consent to an unlawful deal. She is will be 89 in a fortnight and she has no way of knowing whether it is lawful or not. Indeed she will not know that until the Grand Chamber decision is available in 2010.

      This issue affects all British Pensioners in Australia or planning to move to Australia, regardless of which visa they hold or which one they are waiting for. The ever vigilant BERIA 410 Group, representing the holders of subclass 410 Retirement visas, is on the case:

      http://www.webjam.com/barbaralassiter/beria

      Private Medical Insurance for Temporary Residents in Australia

      I don't understand the technical change in the legislation which has caused this, but there is one. The effect is that the premiums for private medical insurance in Oz for those who do not have Permanent Residency have soared in the last 18 months or so and Medibank has recently notified the Government that Medibank intends to apply to change its legal status from non-profit making to profit making, which I regard as an ominous signal.

      This potentially affects all Parents who are either in Oz on Bridging Visas or who hold any sort of visitor visa, student visa or whatever. The only Parents who are not potentially affected by it are the ones who have obtained Permanent Residency in Oz.

      BERIA 410 have negotiated some sort of Members' block policy with Medibank. Despite that the recent BERIA 410 article in The Oldie records that the premium for H&W who are over 65 now costs an average of about $6,000 a year despite the fact that Medibank will not pay for drugs such as Tamoxifen.

      Another concern for the sc 410 visa holders is that they are not entitled to any Benefits from Centrelink or Medicare either. Consequently they are not eligible for places in State run Aged Care facilities in Oz unless they pay in full, out of their own pockets. Similarly they cannot get any help towards the cost of places in private Aged Care facilities. The same concern applies if an elderly, infirm British Parent is in Oz on a long term Bridging visa except to the extent that Medicare might help out under the Reciprocal Health Care Agreement(which is not available at all to those who applied for sc 410 visas after 1st December 1998.)

      The Reciprocal Health Care Agreement???

      Is here:

      http://www.medicareaustralia.gov.au/...tors/index.jsp

      British APV 804 applicants who are in Oz on Bridging Visas or lengthy periods are not quite as badly off as Retirement visa holders because they should get some help from the Reciprocal Health Care Agreement above.

      I questioned both DIAC and Medicare about this in June 2008. Both told me in writing that a British applicant for an APV 804 visa would be entitled to rely on the RHCA throughout the life of the Bridging Visas.

      Earlier this year, though, a friend in Brisbane asked his local Medicare office about this when he was concerned about which visa his elderly, recently widowed father should apply for. He told me that Medicare had told him firmly that the Reciprocal Health Care Agreement would only be available for the first 3 years of the wait.

      It was only his local Medicare office and he says the Medicare lady answered the question without blinking, straight off pat. I think there is a chance that she was guessing and that she might be mistaken.

      However I have not asked Medicare again. Anybody who is researching this for real should please, please contact the central Medicare people via the contact details below:

      http://www.medicareaustralia.gov.au/...isitors/uk.jsp

      The description of the cover does not say anything about a 3 year limitation but I strongly recommend checking with Medicare all the same and I would be very glad if anyone who does contact them could please add to this thread.

      As far as I know, no other updates are needed at present.

      Cheers

      Gill
      Last edited by Gollywobbler; 04-09-2009 at 05:00 PM. Reason: Additions

    4. #14

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      Hi all,
      I am moving to Adelaide soon and my parents are thinking of the move as well. I looked into the different options available to them IE Apv /Cpv and with the cost of the Cpv i am looking into the fact of getting 676 visa which doesn't have Condition 8503 applied to this visa and then going for a onshore apv which then maybe granting a bridging visa. The question i ask is will my Dad,s criminal conviction from when he was 18 affect this visa my dad is now 63
      Ant advice would greatly appreciated
      Thanks Adam & Maria

    5. #15

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      Hi Adam & Maria

      It depends on what the offence was, what the punishment was and whether Dad has been a reformed character ever since - which no doubt he has:

      http://www.immi.gov.au/allforms/character-requirements/

      http://www.immi.gov.au/media/fact-sh...9character.htm

      Anybody with a conviction for anything is NOT eligible for a 90-day suclass 976 visa or for a subclass 651 e-visitor visa. In Dad's situation he needs to apply for a subclass 676 visa instead, even if he wants to make only a short visit to Oz:

      http://www.immi.gov.au/visitors/tourist/676/

      I'd suggest getting an up to date police check before applying for a sc 676. Send the application on paper to Australia House in London, using Form 48R because Dad is not eligible for e-visitor instead. Send the police check with it, a covering letter explaining exactly what happened and expressing remorse and a couple of character references would not go amiss.

      DIAC are OK about past pecadilloes as long as no attempt is made to conceal them. Just the fact of making voluntary disclosure in a situation where they would not ask for a police check is evidence of reformed character etc etc so being scrupulously honest now will stand Dad in good stead later on.

      They might impose Condition 8503 just to give themselves extra control of the situation but there is nothing you can do except put up with it if it happens. It would mean that an offshore CPV 143 would become the visa of choice but your Parents are considering that anyway so it would not be disastrous by any means.

      Cheers

      Gill

    6. #16

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      Hi Gill,
      Thanks for your quick reply I will speck to my Dad and apply for police check.
      Dad has not had any conviction since being a teen ,like you said there is always cpv but i would just like to let them have a bit of time in oz 1/2 years before they commit to the cpv maybe a long stay tourist visa is the right choice and then see how they fill
      Thanks again
      Kind regards Adam & Maria

    7. #17
      tiggs
      thanks for the update Gill ... once again that is really useful info x

    8. #18

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      Hi Gill (again)

      Thanks for the additional information, we're going through the motions of getting my mum settled here at the mo.
      Shes been here for 5mths, went back to UK, now just arrived back until Feb (woohoo) shes on a tourist visa at present.
      Shes going back to UK in Feb and then looking at what the next step is, thinking of the temp cpv initially to give her a bit more freedom here/travelling and hopefully cos it'll be granted quicker than a cpv.
      Obviously looking at upgrading to the cpv in the future.
      Mums only 55 so cant go down aged parent route, and we'll have been here for 2 years next April.

      Very daunting but also very exciting

    9. #19

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      Hi Gill (again)

      Thanks for the additional information, we're going through the motions of getting my mum settled here at the mo.
      Shes been here for 5mths, went back to UK, now just arrived back until Feb (woohoo) shes on a tourist visa at present.
      Shes going back to UK in Feb and then looking at what the next step is, thinking of the temp cpv initially to give her a bit more freedom here/travelling and hopefully cos it'll be granted quicker than a cpv.
      Obviously looking at upgrading to the cpv in the future.
      Mums only 55 so cant go down aged parent route, and we'll have been here for 2 years next April.

      Very daunting but also very exciting

    10. #20
      mimasawrus

      Parent Visas

      Hi,

      I know that this an old post and I came across it completely by accident, but I really want my mum to come and live here, and reading this post has really got me thinking. I know we have to be here for two years before we can start the sponsorship process because we are here on a 475, but I think we will be classed as settled as Jon has a permenant job, both of our kids are in school and we have bought land and hope to commence, building our house shortly. We also have no assets left in the Uk, so here is definately home. My mum is on her own and I am her only surviving child she will be 69 years of age in April 2010 so when we are granted permanent residency she will be 70, so qualifies for the Aged parent visa. So if I am reading these posts correctly she could come over here for her normal regular stay and apply for her aged parent or contibutary aged parent visa, and then get a bridging visa to live here whilst it is being processed. It sounds very easy so have I got it right as if this is the case I am excited I hope you can confirm this for me

      Thanks so much for any help you can give

      Laurax:embarrassed:

     

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