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Can I take my mother in law?


Guest craig_lisa

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Guest craig_lisa

Hi all

 

I was wondering if my mother in law could be included as a member of my family as far as a visa would go? Could she be classed as a dependent? If so does it cost more to get the visa. Also could she still get her uk pesion?

 

Thanks

 

Craig

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Guest steve&tracy

Hi Craig the best thing i think you could do to find out is contact a few immigration agents and have there free (usually the first contact) consultation to ask their advice.Usually they will ask all your circumstances e.t.c. what pionts you will get,what trade your in,Family e.t.c.

I'm sure your get more advice on P.I.A very soon.

good luck as you go forward.

steve&Family

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Guest craig_lisa

thanks for the advice, we will contact agents soon and see what they say. Im sure I read it somewhere that you could take dependent parents but just kind remember what site it was on

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Guest steve&tracy

Hi craig if you look up migration issues on this site i'm sure you will find a previous thread with the answer. I'M 99% sure your mother inlaw will keep her pension.

regards Steve.

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Hi again, Craig

 

It would NOT be easy to get your mother in law included as a dependent on your visa if she is British and lives in the UK.

 

It would be virtually impossible on any sort of application for Permanent Residence in Australia, and although you might get away with it on a temporary subclass 457 visa, the only reason DIAC might be more flexible about m--i-l at the temporary visa stage is because they know that she would only have temporary residence in Oz.

 

If M-i-l only has Temporary Residence in Oz, Policy might just about stretch far enough for DIAC to be able to say, "Well....she's only a visitor.... so at this stage we needn't look too closely at whether she is really dependent on her daughter and s-i-l...."

 

However, if they were to take a lenient view of M-i-L as a quasi-visitor on a 457 visa, that would ONLY be because they know full well that they could prevent m-i-l from obtaining Permanent Residence in Oz based on claims of dependence on you.

 

This happened to a British friend of mine, a nurse (about the most in-demand skill in the whole of Australia.) DIAC would NOT accept that her mother is dependent on her and they threatened to refuse the whole application for skilled independent migration unless my chum agreed to remove her mother from it. My chum instructed a Migration Agent who was minded to take DIAC to court about it - until they involved a specialist barrister. The barrister told them not even to bother to try to sue DIAC about this because they would undoubtedly lose and would end up paying DIAC's legal costs as well as their own.

 

The reason why DIAC are so utterly hostile to the idea of British Parents allegedly beig depedent on their children is two-fold. Firstly, DIAC consider that "dependent" means "Literally would NOT have any food, clothing or shelter - even in a Government hostel - without the financial support coming from the child."

 

Anybody in recept of a British State Pension can claim all sorts of medical benefits, housing from the Welfare state, if need be a Community Care Grant would furnish a flat or at least a bed-sit, buy clothes forthe Pensioner and so forth. DIAC simply will NOT accept the idea that a British Pensioner is not a person of independent means, in short.

 

Secondly, DIAC offer a range of other alternatives for retired Parents. One is a Parent visa, or the newer Contributory Parent visa if the Balance of Family Test is met. Altenatively they offer an Investor Retirement visa instead. And if all else fails, although they won't allow anyone to use repeated long stay tourist visas as a means of "living" in Australia, they do tend to be reasonable-ish about allowing British Parents to spend up to six monts a year in Oz with their children. Reduce that to 3 months a year and they won't ask a single question, ever.

 

To answer your final question, if your mother in law leaves the UK for more than just a short holiday, her State Pension will be reduced by between 1/4 and 1/3, and it will be frozen at the reduced rate on the date that she left the UK until she eventually decides to return to the UK to live here instead.

 

My own mother is retired and spends most (but not all) of each year in Australia, where she has Permanent Residence because she has a Contributory Parent visa. Trust me, I do know exactly what the score is for British Parents, visas for them and also what happens with their State Pensions because I investigated every possible avenue and implication on behalf of my own Mum not so long ago.

 

Please sing out if you would like more help.

 

Best wishes

 

Gill

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Guest Richard & Amanda

I asked hubby if we should take my mother.

 

I couldn't possibly type the response without getting barred for the forum!!!!

 

I take it that is a "no" then :biglaugh::biglaugh::biglaugh:

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Guest The Waite Family

I asked my OH if we can take my mum and he said yes!

 

She is 80 and wouldn't come anyway but it was nice of him to agree I suppose as she is the most important 'thing' that everyone would like to take if they were allowed.

 

Would she be allowed to come at her age?

 

The flight alone would probably see her off! :nah:

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I asked my OH if we can take my mum and he said yes!

 

She is 80 and wouldn't come anyway but it was nice of him to agree I suppose as she is the most important 'thing' that everyone would like to take if they were allowed.

 

Would she be allowed to come at her age?

 

The flight alone would probably see her off! :nah:

 

Hi the Waites

 

My mother was 86 by the time her Contributory Parent visa was granted. She is now 87. She broke her back a few years ago, as a result of which she is mainly wheelchair dependent nowadays. She can hobble a few yards on a zimmer-frame but that is all.

And she still travels between Heathrow and Perth on her own at least once a year.

 

The oldest Parent-migrant that I have heard about was an old dear of 97 from Devon, who emigrated to Australia in 2005 to be with her only child and grandchildren somewhere in Victoria. The Panel Doctor who examined Mum said that his own oldest Contributory Parent applicant had been an old boy of 92 who was headed for Brisbane Mum now lives in Perth. These old dears get around and they are now dotted all over Australia!

 

Please sing out if I can help any further.

 

Best wishes

 

Gill

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Guest gavnchelle

Hi Gill

 

We have just started the ball rolling to emigrate but I am really not keen on leaving my mum and dad! Apparently they can be on the same plane out as us on their own visa if they undertake a short education course when they get out there? the only other way we have been told they can come out with us is for us to be in australia for 2 years and get residency. Please tell me there is a way for them to come out with us!!

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Hello Gavnchelle

I’m so sorry for the delay in getting back to you. I’ve only just spotted your post.

If you want your Parents to be able to emigrate to Oz at the same time as you do then the best option for them – by far – would be a subclass 405 Investor Retirement Visa if one of them is 55 or above. It is costly but anyone who can afford the capital and income levels required would also be well-advised to consider the tax-benefits of Temporary Residence in Australia, plus interest rates in Oz are higher than in the UK at present (though the exchange rate is lousy) so the yield on the Designated Investment is pretty good at the moment. Please see here:

http://www.immi.gov.au/visitors/special-activity/405/index.htm

If they could not afford an Investor Retirement visa then the short answer is that it is not possible for your Parents to emigrate to Oz at the same time as you do unless one of them is a nurse or similar with many years experience and is comfortably under 60, which (especially nursing skills) could well make Permanent Residence in Oz possible for them via the Skilled Stream instead.

Assuming that the two options above have been considered but discarded, then please understand that it is not possible for your Parents to emigrate at the same time as you and therefore they would be very unwise to consider selling up in the UK for the time being. We would be looking at temporary fort-holding measures for them instead and those, my friends, do NOT constitute any sort of migration to Australia.

On the fort-holding front, yes it would be possible for one of your Parents to obtain a Student visa, probably, but what would s/he study and how long would the course last? It would need to be at least a 3-year course, I would suggest. Does one of them actually want to some sort of student study in Australia?

If not, then why put up with the (considerable) cost of becoming an International Student plus put up with the risks & costs associated with the fact that Britons on Student Visas are specifically excluded from the protection of the Reciprocal Health Care Agreement between the UK and Oz? I hear that International Students in Oz typically pay about $10,000 a year for their courses. As to the RHCA, please see here:

http://www.medicareaustralia.gov.au/public/migrants/visitors/index.shtml

Without the Medicare/PBS deal, do be aware that visiting a GP in Oz costs around $50 a time and if prescription medication were required then it would cost considerably more than $31.50 per item, which is the current PBS rate. Additionally there would be no entitlement to any sort of treatment at a public hospital in Australia except via paying the full private rate. I have heard anecdotally that the cost of keeping a patient in an Intensive Care bed in the UK costs the NHS around £1,000 a day and I am inclined to trust that ball-park figure because a doctor gave it to me. I would not risk a student visa for my own mother unless she had top-of-the-range private medical insurance in Oz covering every possible medical scenario with absolutely zero exclusions. I dread to think what that would cost but I would have no confidence in anything less, personally.

The alternative would be long-stay tourist visas instead. These would involve repeated trips to and from Oz, plus periods of separation whilst your Parents spend time in the UK between visits. However, neither of them would be fettered into a course of any sort plus they would have the full protection of the RHCA regardless of their respective ages. (Britons can ignore the stuff about medical insurance for those of 70 or over in the stuff about the s/c 676 long stay tourist visa because the RHCA counts as medical insurance for the purpose of that requirement.) Please see here:

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

Personally I favour this route instead and I favour paying $75 per parent, using Form 48 and submitting them to the Australian High Commission in London by post in the old fashioned way. This is how we did things for my mother prior to the grant of her Contributory Parent visa. It worked brilliantly for us and it is working brilliantly now for other Britons who are waiting till they can apply for Contributory Parent visas or are waiting whilst their CPV applications are processed.

Applications for e-686 visas are dealt with at the Global Processing Centre in Hobart – by a computer. If the computer produces queries then the application would be referred to the AHC in London for a human to sort out. I reckon it is far better to involve the London-based human from the outset and to send a covering letter with the s/c 676 applications. They promise to read and heed any additional information that an applicant cares to provide and in my experience they do so. London tend to be very sympathetic to the idea that emigrating to Oz was never the Parents’ own plans for their later years, and that they therefore need to be eased into the idea gradually.

Please sing out if you have any further questions at this stage.

Best wishes

Gill

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  • 3 weeks later...
Guest Mich&Vin

Hi Craig,

The obvoius question has got to be 'Why on earth would you want to take your mother-in-law anywhere, never mind oz'??? The main reason we are looking to move half way across the world is to get away from ours! Only joking, good luck with the move.

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