NEW THREAD - 143 Contributory Parent (Migrant) Visa - Tips and Other information

[LUIS]

http://www.immi.gov.au/Live/Pages/non-contributory-parent-family-visas.aspx

[Orphan]

The link supplied by Luis above provides the official notification on the reopening of certain classes of Parent and Family visa classes.

For those interested in applying, please note that only 1500 places have been allocated to Non-Contributory Parent visas, and 500 places to Other Family visas, for the full period 01 July 2014 - 30 June 2015.

Based on this, the authorities have estimated the current waiting times for such visas as being:

"Non-Contributory Parent visa – approximately 30 years

Carer visa – approximately 4.5 years

Remaining Relative and Aged Dependent Relative – approximately 56 years.

And here's the question.....to qualify for an Aged Dependent Relative visa, you need to be 65 years old. If you have to wait 56 years to get one, does this mean you need to live as long as Methuselah, or should you start applying for one when you turn 9 years old?

Edited September 25, 2014 by Orphan

[21yearsoutofrsa]

No. It means that the opposition can force the government to reopen the visa class, but the government can effectively close it by having waiting periods that mean that no-one can effectively apply (if they are offshore, different for onshore people)

The long waiting periods were the reason the visa's were withdrawn in the first place.

[Parks]

Morning Orphan,

Thank you for such an informative thread.

I was wondering if you could help me with a visa that would be available for my mom. She currently lives in a separate dwelling on our farm. We inherited the farm through my grandfather which was her dad. We have now sold and feel terrible as this means she now has to move. She has never been dependent on us except for the roof over her head. She currently travels to the UK annually for 6 months where she does care work then back to us.

We are moving on a 489 State Sponsored visa and once we have met the criteria we can apply for PR after 2 years. My mom holds a British passport. How long could she join us for in Oz at any given time? Once we have PR she could apply for the 143 CPV but she would like to join us there instead of coming back to SA every 6 months. I am the only child.

Your advice is truly appreciated.

[Orphan]

Hi Parks,

From what you have told me, your mother would qualify for a Parent Visa under the balance of family test, with you being the only child. You will however need to be resident in Australia for two years before becoming eligible to sponsor her.

Under the Parent Visa category there are, in theory, a number of visa sub-classes she could apply for, but in practice, only two feasible options, due to the extraordinary delays involved.

To go through her options......

Because of the recent legislative repeal discussed previously in this thread, she could apply under the two "Non-Contributory" sub-classes - (namely "Parents" for those under 65, and "Aged Parents" for those over 65). You have a 6-month window of opportunity to do so again. These visas cost significantly less than the Contributory Parent sub-classes, however, as the current delay in processing these is 30 years, this is in all likelihood a non-starter for the family.

Ditto for the Aged Dependant Parent Visa, with a 56 year delay!

Which really only leaves the "Contributory Parent" visas (sub-class 143 & 173), and "Contributory Aged Parent" visas (sub-class 864 & 884) if your mother is over 65 years.

Both categories of Contributory Parent Visas contain a "Permanent" and "Temporary" visa option. As the name suggests, the latter is an interim visa which allows you two years to convert this to Permanent status. Once you have a temporary visa, the delay in converting it to Permanent is currently 6 months. The advantages of this visa type are that you only need one medical at the start of the process, and your initial visa fee is lower. However, because the Temporary visa price is not fixed at the time of application (as it is with the Permanent visa) the total cost including conversion is likely to be significantly higher. What is also key about the Temporary visa is that it cannot be extended or renewed beyond the two year time frame.

The current costs of the Contributory Parent and Contributory Aged Parent visas, are exactly the same, as is the processing delay, which is currently running at 19 months from lodgement date.

In respect of the second part of your query, I believe that there is a special visitor's visa available for Parents to visit their children in Australia for an extended period of time. This is the multiple entry "676 Tourist Visa", which allows a parent to stay for 12 months in any 18 month period. The only requirement is for your mother to have adequate health insurance for the duration of her stay.

Hope this helps!

[Parks]

Hi Orphan,

We will look into the 676 visa then the aged as my mom is over 65. Thanks for clarifying this for me.

[Bronwyn&Co]

Parks, I was wondering - Is there any way she could be deemed dependent on you and eligible as part of your family unit? That would be cheapest & quickest by far. What are the criteria? She lives with you I know, but does she earn her own money/pay tax in SA? I sounds like she might be financially dependant on you to a large extent? Accomodation is huge. Maybe worth looking into? ?

Edited September 28, 2014 by Bronwyn&Co

[Parks]

Thanks Bronwyn,

I thought as she travels and works in the UK for 6 months of the year and therefore makes a living that DIBP would not see her as a dependant. She has no income in SA.

Would she be seen as a dependant even though we will be arriving in Australia on the 26th November and she will be staying here. We will be responsible for her accomodation in SA.

[Orphan]

Hi Parks,

The Aged Dependent Relative Visas (114 and 838) are for people who are over 65, and "can demonstrate that you have been wholly or substantially dependent on your relative in Australia for financial support for your basic needs of food, shelter and clothing or because you have a disability which prevents you from working. This support must have been continuing for at least three (3) years before your application is lodged."

As it sounds like your mother is getting some form of income in the UK, and is not "wholly or substantially" dependent on you, I think you may find it quite difficult to prove dependency to the satisfaction of the authorities.

However, with the queue for this type of visa being 56 years long, I would imagine that applying for one for your mother seems rather pointless, does it not?.

[Parks]

As it sounds like your mother is getting some form of income in the UK, and is not "wholly or substantially" dependent on you, I think you may find it quite difficult to prove dependency to the satisfaction of the authorities. However, with the queue for this type of visa being 56 years long, I would imagine that applying for one for your mother seems rather pointless, does it not?.

I agree it is rather pointless. Thanks

[Bronwyn&Co]

Hi Parks,

The Aged Dependent Relative Visas (114 and 838) are for people who are over 65, and "can demonstrate that you have been wholly or substantially dependent on your relative in Australia for financial support for your basic needs of food, shelter and clothing or because you have a disability which prevents you from working. This support must have been continuing for at least three (3) years before your application is lodged."

As it sounds like your mother is getting some form of income in the UK, and is not "wholly or substantially" dependent on you, I think you may find it quite difficult to prove dependency to the satisfaction of the authorities.

However, with the queue for this type of visa being 56 years long, I would imagine that applying for one for your mother seems rather pointless, does it not?.

Hi Orphan - I'm sorry I don't know enough about these visas to comment, but I wasn't really thinking about the Aged Dependent one. That is the one you would apply for from Aus & takes 56 years? ?

I was actually wondering about the option of mom being part of the original application (but sounds like it's too late for that anyway...)

I've seen a few families who have all gone over together because mom lives with them. Others haven't wanted to chance it in case their parent fails the medical & they all get declined...

Agree the income would probably pose an issue in Parks' mom's case...having said that, she is substantially reliant for housing. Just thinking aloud here.

Edited September 30, 2014 by Bronwyn&Co

[Orphan]

Hi Parks,

As Bronwyn points out, there does exist the possibility to include your mother on your skilled visa (depending on the type you have), and it does appear likely that you can include her on your visa even after it has been granted.

The regulations state: "Your family can also apply for this visa separately if you already hold either...the Skilled-Regional (Provisional) visa (subclass 489), or a provisional visa in subclass 475, 487, 495 or 496."

The only issue appears to be that of "dependency", but note that the requirements attached to your type of visa are slightly different to those of the Aged Dependent Relative visa, as follows:

Your other relatives will be considered dependent if all of the following apply:

•they do not have a spouse or de facto partner

•they usually live with you

•they are wholly or substantially reliant on your financial support for their basic living needs (food, shelter and clothing)

•they are more reliant on you for support than on any other person or source

•they have relied on you for at least the 12 months immediately before you lodge your application

From what you have described, your mother may meet these requirements to the degree necessary to win official approval.

I certainly believe it would be worth a shot.

[Belindaf]

HI Orphan We are more of less at the same stage as yourself. ( Parent Contributory Visa.....going into month 16 of

'waiting room'. I have our Police Clearance certificates in hand now . Do you think its too early to go for our medicals. Also haven't put house on the market yet, maybe its time now for that, what are your thoughts, are we still looking at 18-19months before we get a Case Officer ? Following your posts very closely .....

[Parks]

Orphan and Bronwyn

Thank you so much for all your thoughts and info you have provided, I hope we can include her as suggested by Orphan above. Getting excited......

Thanks you two xoxo

[Orphan]

Hi Belinda,

Unless something changes in the next two months, I think that all of us in the Waiting Room are now looking at a 19 month processing delay. That being said, we are still hopeful that the extensive delay in processing February 2013 applications was an exception, and that things will not deteriorate further, but may even recover and get back on track.

On the upside, all my research into what happens after one's CO is appointed, points to the final stage taking very little time if everything is in order. By this I mean that it could take as little as three weeks between the appointment of the CO and the visa being granted! The key is to have everything on hand for when it is called, so that every document is ready to be couriered to the Parent Visa Centre as soon as it is requested.

Although I am not absolutely clear what these may be, I do know of the following:-

1. Police Clearance Certificates:

You now have your Police Clearances; but remember that you need to send the original documents to your CO. What we have done is to make notarised copies of our PCCs, and have couriered the originals to our son in Australia. Thus it will only be an overnight (and trustworthy) delivery to the Parent Centre when called for

2. Medical Examinations:

In respect of your Medicals, the only reason for you not to have these done immediately is if you intend to delay your departure to Australia once your visa is granted. You are required to take up your visa within 12 months of it being granted; and your medical (which has a one year shelf-life) must still be valid when you enter the country. However, if like us you intend to climb on the first available plane after the visa is granted, then there is nothing stopping you taking your medicals right now. You will have received your HAP numbers in your acknowledgement letter, and that is all your doctors need. As these are posted on line directly to the Visa Centre, there is nothing more you need to do thereafter.

3. Assurance of Support:

As I write this, my son is speaking to Centrelink about his Assurance of Support requirements. As our sponsor, he will have to meet a formula-based income level, provide two years' financial statements, and undertake a telephonic interview, before being approved. We are starting this now as we don't know how long this aspect takes, or what the delay might be. Again, you will see in your acknowledgement letter that you are able to start this process about now.

4. Form 1221 (????):

I have stumbled across one other document which we MAY be asked by our CO to complete. I cannot be certain about this as there is very little information on this, apart from one reference from a couple emigrating out of the UK who mentioned that they were required to complete it. It is known as the "Form 1221 - Additional Personal Particulars Information", and can be downloaded from the Government website. As it is a lengthy document requiring quite a bit of personal information, I have decided to complete it in advance, just in case it is needed. Once we have gone through the whole process ourselves, I shall be in a better position to advise others about this particular item.

5. AOS Bond & VAC 2 Payments:

On the matter of the best time to sell your house, the answer really depends on whether or not you need this money to pay for your AOS bond and Visa.

If you do, then I suggest to start immediately. The sale and transfer of a house in this country will at best take you three months, assuming you sell it immediately. So if you are expecting your CO to be appointed in December/January, you are really going to be stretched to get the money in before then.

But even if you don't need your house money for your visa, I would still suggest you put it on the market as soon as possible. The reason being that the housing market is very fickle, and something you think should go quickly, can often take months or even years to sell. And if the market is slow, you will grow increasingly desperate as the visa deadline approaches, and could end up giving it away at a bargain price just to get rid of it. Furthermore, once it is sold, getting something to rent in the interim is not difficult, even if only on a short-term lease.

[Belindaf]

Hi Orphan Thank you so much for all your wonderful information. SO comforting to read that we not the only people going through all this. I've contacted my estate agent and going ahead with that BIG part of this process. Thank you again for all your input, keeps us going during this very stressful period. SO we all wait for our CO to make contact All the best

[Orphan]

PROCESSING DELAY UPDATE - as at 03 October 2014

A UK Couple has blogged in the PomsinOz Forum that their second VAC has just been called for, having lodged their visa on 04 February 2013.

Based on this information, the delay from LODGEMENT to GRANTING the visa is currently exactly 20 months.

[21yearsoutofrsa]

While I have no idea how it is done,remember that the UK is considered a low risk country, while South Africa is considered a high risk country.

Don't know if it affects anything.

[RonelP]

I also do not know how it works because I sent them an email on Wednesday and with the automatic reply I received it says:

Due to the high volume of applications received, it is currently taking approximately 18 months from receiving an application for a contributory parent visa application until the assessment stage. The current processing date is March 2013.

So lets hope that there was some or other delay in their application and that is why it was only done now. I think we must all start praying that the waiting period be reduced. We are behind you all. We lodged 23 August 2014, so we have to wait even longer still.

[Orphan]

@18 - While it is very possible that a country's risk profile could influence the granting of certain types of visas, I would be very surprised if South African parents were considered to be a greater threat to Australia than their UK counterparts! Seeing that parent from both countries have to provide Police Clearance Certificates, we are probably viewed with equal suspicion!

@RonelP - Don't forget that the 20 month delay experienced by the UK couple also includes the approximately one month their CO took to review their application, call for final documents, and get AOS approval from Centrelink. However, it does confirm our fears that the processing delay is continuing to move out each month, and like you, we continue to hope and pray that this trend will be reversed.

[Belindaf]

Just spoken to our agent in CT, she says her last client was 18months and 1 week. We lodged 13 June 2013 I see SO that's encouraging for us all. Off for our Medicals this week. Always so refreshing to hear things are moving.

[Orphan]

That is VERY encouraging news Belinda!

Did your agent say when her last client's visa lodgement date was?

[Belindaf]

She didn't say but 18mths from lodgement date is the current timing.

[Orphan]

We can only hope that your Agent's last client had a visa lodgement date in February or March 2013, and not before then when the processing delay was still tracking at 18 months!

We shall have a better idea at the end of this month if the Visa Centre has indeed caught up. But until then, we continue to live in hope!

[Belindaf]

Hi Orphan I'm certain she said April or May so you are extremely close to being called by the CO, found the piece of paper I was making notes on while she was chatting. ( See I wrote April/May) That's why she said we are June, so means we close now too. Remain positive, it is weeks away