AGED PARENT VISA + PARTNER VISA

[sgensen]

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:

 

Question 1. Do both of my parents need to be the required pension age, or is just one of them enough (my father?)

 

Question 2. 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.

 

Question 3. 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). He has been on a temporary disability pension the past few months due to an infection in his heel (I can’t remember the name of the condition), but this condition should eventually go away. 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. Do they only look at their health in the past 5 years? Does anyone have more information on the health requirements for the Aged Parent Visa (804)?

 

Question 4. 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!

[Marisawright]

It's fine to apply for a partner visa while on a student visa.   A partner visa allows you to study so you'd be able to continue your studies.

Your parents are more of a problem. Arriving on a tourist visa and then living on a bridging visa for the rest of their lives is not as easy as you think.  They won't have to pass a medical until they'get the grant (which will probably be never, as they're not likely to live another 30 years), so their health is not a problem from that perspective.

However, on a bridging visa, there are limits to how much coverage they would get in the public health system. It depends on the country they're coming from.  You need to check that out, because if they have health issues, the cost could be prohibitive.  

That is why the contributory visa is so expensive - because once they have the contributory visa, they are entitled to full health care and pensions like any other Australian.  The fee is meant to compensate the Australian taxpayer for that cost.   Even so, the waiting time even for the contributory visa is getting longer - I believe four or five years now.  They also have to pass a medical.

It's probably best to consult an agent with experience of visas for people with health issues such as George Lombard.

Edited October 7, 2018 by Marisawright

[sgensen]

7 minutes ago, Marisawright said:

It's fine to apply for a partner visa while on a student visa.   A partner visa allows you to study so you'd be able to continue your studies.

Your parents are more of a problem. Arriving on a tourist visa and then living on a bridging visa for the rest of their lives is not as easy as you think.  On a bridging visa, they would have no entitlement to the public health system.   That would be a big risk if they were healthy, but as they have health issues, I'd think the costs would be prohibitive, as they would have to pay the full private cost of all medications and all treatments.   

That is why the contributory visa is so expensive - because once they have the contributory visa, they are entitled to full health care like any other Australian.  The fee is meant to compensate the Australian taxpayer for that cost.   Even so, the waiting time even for the contributory visa is getting longer - I believe four or five years now.  They also have to pass a medical.

It's probably best to assume that if you move to Australia, you will not be able to bring your parents to join you.

Thanks so much for your quick reply. 

I see that the Aged Parent Visa is absolutely not the best option, but right now it's the only option there is for me to explore. I don't know so much about it at this point, so I might as well see how far we could get with it. There is a social security agreement between Australia and Norway regarding pensions (https://www.dss.gov.au/about-the-department/international/international-social-security-agreements/current-international-social-security-agreements/australia-and-norway-frequently-asked-questions#12), so I believe they would at least have access to their pensions. There is also a reciprocal health agreement between Australia and Norway (https://www.humanservices.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/visitors-australia/medical-care-visitors-australia/visiting-from-norway), do you know if they would be entitled to this agreement while on a bridging visa? For me as an International Student, I am not. 

[Marisawright]

25 minutes ago, sgensen said:

Thanks so much for your quick reply. 

I see that the Aged Parent Visa is absolutely not the best option, but right now it's the only option there is for me to explore. I don't know so much about it at this point, so I might as well see how far we could get with it. There is a social security agreement between Australia and Norway regarding pensions (https://www.dss.gov.au/about-the-department/international/international-social-security-agreements/current-international-social-security-agreements/australia-and-norway-frequently-asked-questions#12), so I believe they would at least have access to their pensions. There is also a reciprocal health agreement between Australia and Norway (https://www.humanservices.gov.au/individuals/services/medicare/reciprocal-health-care-agreements/visitors-australia/medical-care-visitors-australia/visiting-from-norway), do you know if they would be entitled to this agreement while on a bridging visa? For me as an International Student, I am not. 

If they became residents of Australia, they would be entitled to be paid their pension under the social security agreement, HOWEVER while they are on a bridging visa, they are not a resident of Australia. They are temporary visitors.

If they were in Australia on holiday from Norway, they would continue to get paid their pension by Norway, so I'm guessing that's what would happen.  However, they would also cease to be residents of Norway, so you would need to check with the Norwegian government website if that would affect the amount of their Norwegian pension.

There has been a lot of discussion on these forums about the extent of medical coverage under the reciprocal agreements.  In November last year, the Government  cut back on what was covered under the agreement, so that "elective surgery" is no longer covered.  Given the government's aggressive stance against unskilled migration, I'd say they are likely to make it more restrictive in future.  

You should also check if becoming a non-resident of Norway would affect the validity of their Norwegian Health Insurance.  If their Norwegian Health Insurance expires because they're non-resident, then they lose access to the Australian system too.  

I can't find it now, but there is a thread somewhere about an elderly woman who was deported because her health costs were considered to be excessive.  So that is something else to worry about.

Edited October 7, 2018 by Marisawright

[Nemesis]

10 minutes ago, Marisawright said:

If they became residents of Australia, they would be entitled to be paid their pension under the social security agreement, HOWEVER while they are on a bridging visa, they are not a resident of Australia. They are temporary visitors.

If they were in Australia on holiday from Norway, they would continue to get paid their pension by Norway, so I'm guessing that's what would happen.  However, they would also cease to be residents of Norway, so you would need to check with the Norwegian government website if that would affect the amount of their Norwegian pension.

There has been a lot of discussion on these forums about the extent of medical coverage under the reciprocal agreements.  In November last year, the Government  cut back on what was covered under the agreement, so that "elective surgery" is no longer covered.  Given the government's aggressive stance against unskilled migration, I'd say they are likely to make it more restrictive in future.  

You should also check if becoming a non-resident of Norway would affect the validity of their Norwegian Health Insurance.  If their Norwegian Health Insurance expires because they're non-resident, then they lose access to the Australian system too.  

I can't find it now, but there is a thread somewhere about an elderly woman who was deported because her health costs were considered to be excessive.  So that is something else to worry about.

She was deported because she failed the medical for PR. 

 

[Tulip1]

The other thing to remember is things change all the time.  What is ok today may well have changed in 10 years time. Older parents may not be able to turn up on a tourist visa and apply for an aged parent visa, who knows what the rules will be then. Your parents may be too unwell to travel by then. I think due to their age and the 10 year gap minimum before any of this could be possible you really need to look at it that you will live in Oz and they won't. If when the time comes the visa is still in place and they can move then all good 

[Marisawright]

Tulip makes a good point. You are not going to implement this plan for several years, and no one can tell whether your strategy will be feasible by then.

It's clear from the extremely long waiting times that Australia is trying to discourage parents from migrating.  Parents are a drain on the country's tax system because old people typically require more medical care even if they're fairly healthy, and will need very expensive care as they approach death.  Some other countries (the UK for example) have virtually closed their doors to parents of migrants.

At one time, Australia was so desperate for new migrants, they were prepared to carry the expense of the parents as well. Now, Australia is no longer desperate - in fact it's overwhelmed by people wanting to move here, so it no longer has to make concessions. 

The ability of people to arrive on a tourist visa and then stay permanently is a loophole.   Immigration has been gradually closing loopholes, so that one may be closed by the time you want to take advantage of it. 

For all those reasons, it's probably best to assume that your parents won't be able to move to Australia with you.