Aged parent visa + partner visa

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Aged parent visa + partner visa


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Old 7th October 2018, 09:35 AM
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Exclamation Aged parent visa + partner visa

Hello,

I am looking to get a more in-depth understanding of the Aged Parent visa (subclass 804) and the Partner visa 820/801 - which is how I ended up on this forum. The Partner visa will be for me and the Aged Parent Visa will be for my parents. Based on the background information that I have written below, I am hoping that people with previous experience are able to answer some questions that I have - as well as pointing out possible risks.

PARTNER VISA
My parents and I have lived in Norway since 2005. However, we are Dutch citizens and my parents are planning to move back to the Netherlands in 2019 (where we originally come from). In 2017, I moved to Melbourne to study (so I am currently on a Student visa) and to live with my Australian partner of 5 years. I wish to stay here permanently and therefore hope to apply for a Partner visa before my Student visa ends in 2020. I recently had a short consultation with a migration agent who suggested I apply for the Partner visa 820 now, that the Partner visa 801 should be granted by 2020? I was unaware that I could apply for a Partner visa whilst still being on a Student visa - are there any risks in relation to this? I certainly plan to complete my study. Should I go ahead and apply for the Partner visa 820? I am very new to the entire process and have only just started gathering some relationship evidence - any tips are highly welcome.

AGED PARENT VISA 804
I am my parents' only child. In addition, my parents love Australia - so they would love to move here. I have looked at both the Contributory Parent Visa and the Aged Parent Visa, and have found the latter to be the better option purely due to the high expenses of the Contributory Parent Visa application. The Aged Parent via seems to be an OK option, as my parents can apply for it whilst they are on a tourist visa in Australia - which will give them a 30-year bridging visa. However, they have to meet the Australian pension age. My mother was born in 1963 and my father was born in 1961. This means my father will be the pension age of 67 in 2028 - perhaps a few years later if the pension age increases. As soon as my father is the required age, we hope to apply for the Aged Parent visa. I have got a few questions in relation to this visa that I hope to get some answers to:

Q1. Do both of my parents need to be the required pension age, or is just one of them enough (my father?)

Q2. Will they be able to claim their Dutch and Norwegian pensions in Australia? I have a had a quick look at a Social Security Agreement which exists between Australia, the Netherlands and Norway - and it seems that they can use their overseas pension in Australia. However, I am not certain and would like some inputs.

Q3. They meet the balance of family test (I am their only child) and I assume that they meet the character requirements as well - they do not have criminal records. My biggest concern is the health requirements. My mother has previously been diagnosed with depression (which is under control) and is on a disability pension. Besides that, she is quite healthy. My father, however, has Hepatitis C and has previously had other health issues (gallstone etc). I am unable to find out how strict they are with the health requirements and am therefore feeling very uncertain if my parents' conditions may lead to their visa being rejected. Does anyone have more information on the health requirements for the Aged Parent Visa (804)?

Q4. Is there a high chance that their bridging visa would only last e.g. 2 years, if my parents were found to not be suitable for the visa - e.g. due to them not meeting the health requirements?

Sorry for the long post - I am trying to include as many details as possible to get accurate feedback. Please let me know what you think. Thank you!

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Old 7th October 2018, 10:51 AM
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FORGOT TO ASK:

There is also a reciprocal health agreement between Australia and Norway, does anyone know if they would be entitled to this agreement while on a bridging visa? For me as an International Student, I am not.

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Old 7th October 2018, 11:15 AM
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Originally Posted by sgensen View Post
Hello,

I am looking to get a more in-depth understanding of the Aged Parent visa (subclass 804) and the Partner visa 820/801 - which is how I ended up on this forum. The Partner visa will be for me and the Aged Parent Visa will be for my parents. Based on the background information that I have written below, I am hoping that people with previous experience are able to answer some questions that I have - as well as pointing out possible risks.

PARTNER VISA
My parents and I have lived in Norway since 2005. However, we are Dutch citizens and my parents are planning to move back to the Netherlands in 2019 (where we originally come from). In 2017, I moved to Melbourne to study (so I am currently on a Student visa) and to live with my Australian partner of 5 years. I wish to stay here permanently and therefore hope to apply for a Partner visa before my Student visa ends in 2020. I recently had a short consultation with a migration agent who suggested I apply for the Partner visa 820 now, that the Partner visa 801 should be granted by 2020? I was unaware that I could apply for a Partner visa whilst still being on a Student visa - are there any risks in relation to this? I certainly plan to complete my study. Should I go ahead and apply for the Partner visa 820? I am very new to the entire process and have only just started gathering some relationship evidence - any tips are highly welcome.

AGED PARENT VISA 804
I am my parents' only child. In addition, my parents love Australia - so they would love to move here. I have looked at both the Contributory Parent Visa and the Aged Parent Visa, and have found the latter to be the better option purely due to the high expenses of the Contributory Parent Visa application. The Aged Parent via seems to be an OK option, as my parents can apply for it whilst they are on a tourist visa in Australia - which will give them a 30-year bridging visa. However, they have to meet the Australian pension age. My mother was born in 1963 and my father was born in 1961. This means my father will be the pension age of 67 in 2028 - perhaps a few years later if the pension age increases. As soon as my father is the required age, we hope to apply for the Aged Parent visa. I have got a few questions in relation to this visa that I hope to get some answers to:

Q1. Do both of my parents need to be the required pension age, or is just one of them enough (my father?)

Q2. Will they be able to claim their Dutch and Norwegian pensions in Australia? I have a had a quick look at a Social Security Agreement which exists between Australia, the Netherlands and Norway - and it seems that they can use their overseas pension in Australia. However, I am not certain and would like some inputs.

Q3. They meet the balance of family test (I am their only child) and I assume that they meet the character requirements as well - they do not have criminal records. My biggest concern is the health requirements. My mother has previously been diagnosed with depression (which is under control) and is on a disability pension. Besides that, she is quite healthy. My father, however, has Hepatitis C and has previously had other health issues (gallstone etc). I am unable to find out how strict they are with the health requirements and am therefore feeling very uncertain if my parents' conditions may lead to their visa being rejected. Does anyone have more information on the health requirements for the Aged Parent Visa (804)?

Q4. Is there a high chance that their bridging visa would only last e.g. 2 years, if my parents were found to not be suitable for the visa - e.g. due to them not meeting the health requirements?

Sorry for the long post - I am trying to include as many details as possible to get accurate feedback. Please let me know what you think. Thank you!
Q1. One parent needs to be of Australian Age Pension age for the Aged Parent visa, any other family member (that is, partner or child migrating with him) are his dependents, and their age is irrelevant. The cost per person is the same.

Q2. Their Dutch and Norwegian pensions will be taxable in Australia if they are normal Age Pensions from those countries, and not taxable in the country that pays them. If they are pensions from Government employment in those countries, they will be taxable in those countries and not taxable in Australia. Most normal foreign pensions will be paid monthly to an Australian bank account of their choice.

Q3. Doesn't sound all that bad, but their future health is anyone's guess. To be refused a visa on medical grounds, there needs to be an estimated cost to the Australian community of $40,000 for the first 5 years of permanent residence - that is, after the Parent Visa is granted. See: https://www.homeaffairs.gov.au/lega/...gnificant-cost

It's very important to understand that a Parent Visa application doesn't normally require the medical assessment until shortly before the visa is processed. This helps ensure that the cost to the community is assessed just before the visa is granted, not many years before when the applicant's health might be very different.

This can be a good thing if you're on a bridging visa (gives them many years to stay in Australia), and in some cases, a very bad thing. It means they can come and stay with no immediate concerns. However, if either was to fail their medicals years from now, near the time of grant, both their visas would be refused and they would have to leave Australia.

It is possible and does happen. It's entirely possible to have parents come, stay many years, get quite old, and make their home with their extended family in Australia.

They may well love it here, and feel very settled after several years. But if they fail the medicals at the time of visa processing, they'll have to go back to the Netherlands in their old age. Especially after getting settled here, that can be nothing short of a tragedy for an older couple or person, and for their family here too. Especially if there isn't much for them to go back to after several years or more.

So you need to understand that this is a possibility - if one parent fails the medicals, the Australian Government doesn't owe them the right to stay just because they are old. It can a be a big risk, and they can't argue about it later if they fail the medicals then. For many people, it might be better never to come if they end up having to return - or just come for extended visits.

Q4. See the answer to Q3 above. The health exams are done just before the visa is expected to be granted, so not for many years for an 804 visa. However, the stated 30 years is a very long time, and much can change during a much shorter period. Eligibility conditions for visas can change, and processing times can too. Although they quote 30 years as the processing time, it's more likely to be somewhere around 15 years at the moment.

So again, they would need to consider what might happen if they apply when your father is 67 (in ten years time). If at that time the wait is still 15 years, then how would they react if at 83 years old, the application was refused because either failed the medical, and they had to return to Holland?

For many people, the prospect of coming here, staying for a decade or so, making a new home, etc and then having to lose that when older and possibly infirm, is a terrible thing. But it can happen. This is why people spend the extra on a Contributory Parent visa, even though that's about $90,000 per couple.

If they are Dutch Citizens, then I think that their rights to obtain access to Medicare may be limited by the duration of their EHIC cards, which normally last for 5 years. So they would likely need private health insurance after that, especially as they age, and this is likely to be expensive.

Which maybe helps make the high cost of the Contributory visas not look quite so bad. If they got Contributory visas, they'd have Medicare access immediately, forever - they become permanent residents as soon as that visa is granted.

It's even possible, subject to income and asset limits, that after 15 years permanent residence they might be eligible for part Australian Age Pensions if their combined other pensions were not too high (currently that means less than about A$80,000 pa combined for income, and assets less than about A$850,000 if they own a home in Australia. The 15 years starts from the date of grant (permanent residence), so they might get a benefit with a contributory visa much sooner than an Aged Parent visa, given that the processing time is so much shorter, and that they could apply for Contributory Visas much earlier, assuming you are granted a Partner visa.

Whatever Parent visa is applied for, the initial visa charge is made at the time of application. The medicals are done just before the visa is issued. So that might be (may not be accurate, especially by the actual time processed) maybe 3 years for Contributory visas at the moment, or 15 years or more for the Age Parent visas. The very large extra charge for the Contributory visas is only made if you both pass the medicals, and can be granted the visas.

These are serious issues so rather than rely on information posted on a forum, it might be best to get advice from a MARA registered Migration Agent, and check the relevant Australian Government websites for current information too.


Last edited by kaju; 7th October 2018 at 11:18 AM.
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Old 7th October 2018, 11:17 AM
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Quote:
Originally Posted by sgensen View Post
FORGOT TO ASK:

There is also a reciprocal health agreement between Australia and Norway, does anyone know if they would be entitled to this agreement while on a bridging visa? For me as an International Student, I am not.
For your parents, see my previous post mentioning their EHIC cards.

For you, are you sure you're not eligible? If you were a Dutch resident and in their health scheme before coming here, you should be!

https://www.humanservices.gov.au/ind...om-netherlands

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