Rodders123 Posted March 19, 2019 Share Posted March 19, 2019 Hello all My first post on this excellent forum. Me and my wife would like to join our son and his family in Australia but would prefer to apply onshore for an aged contributary parent visa. We are the right ages and our son has PR status. How can this be done without immigration throwing us out because we’ve gone on a tourist visa with the intention to stay there? We would have to sell up before we went because if the application for an 864 visa was accepted then we’d be on a bridging visa and couldn’t realistically go back to the U.K. to sell our house. Don’t really want to apply for an offshore one as we would spend years on tourist visas going back and forth. The New Temporary Parent Visa not suitable neither as your sponsor (child) has to have been in Australia for 4 years He’s been there just short of 2 Has anyone successfully applied for an onshore contributory 864 visa? I would love to know. Thanks in anticipation Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 19, 2019 Share Posted March 19, 2019 It's not illegal to arrive on a tourist visa and then apply for a substantive visa after you arrive. It is illegal to arrive on a tourist visa with the intention of staying permanently. That's a fine line, I know. The Immigration officer will look at your case and decide what you're likely to do if your visa gets refused. Will you do the right thing and leave the country, or will you flout the law and decide to stay on illegally? It's at their discretion to decide. In practice, the easiest option is to avoid the situation altogether. Don't arrive with masses of luggage and don't declare your intention on your arrival card. If you do that, it's very unlikely Immigration will give you a second look when you arrive. When you then apply for the 864, they can't prove you didn't just change your mind after arrival. Quote Link to comment Share on other sites More sharing options...
Rodders123 Posted March 19, 2019 Author Share Posted March 19, 2019 Thankyou so much for your reply. Your comments make a lot of sense. Wonder if immigration would question us about our home in the U.K. which we would probably have sold before we left for Australia Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 19, 2019 Share Posted March 19, 2019 8 minutes ago, Rodders123 said: Thankyou so much for your reply. Your comments make a lot of sense. Wonder if immigration would question us about our home in the U.K. which we would probably have sold before we left for Australia How would they know? Quote Link to comment Share on other sites More sharing options...
Rodders123 Posted March 19, 2019 Author Share Posted March 19, 2019 I just assumed that when we lodged an onshore 864 visa application that we would be ‘interviewed‘ by immigration or someone from the visa processing department to check that we didn’t arrive on a tourist visa with the sole intention of staying there or am I over complicating it Quote Link to comment Share on other sites More sharing options...
ramot Posted March 19, 2019 Share Posted March 19, 2019 21 minutes ago, Rodders123 said: I just assumed that when we lodged an onshore 864 visa application that we would be ‘interviewed‘ by immigration or someone from the visa processing department to check that we didn’t arrive on a tourist visa with the sole intention of staying there or am I over complicating it We originally applied for the 864 visa, sorry can’t remember if we had to mention our current visa. You fill everything in and post it off and pay for the application, receive an automatic reply acknowledging receipt. I doubt it’s ever looked at again until your name gets to the top of the list years later? We already lived here on another visa so the possible no further stay condition on some visitors visa didn’t apply. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 19, 2019 Share Posted March 19, 2019 34 minutes ago, Rodders123 said: I just assumed that when we lodged an onshore 864 visa application that we would be ‘interviewed‘ by immigration or someone from the visa processing department to check that we didn’t arrive on a tourist visa with the sole intention of staying there or am I over complicating it Probably Quote Link to comment Share on other sites More sharing options...
Rodders123 Posted March 19, 2019 Author Share Posted March 19, 2019 11 minutes ago, ramot said: We originally applied for the 864 visa, sorry can’t remember if we had to mention our current visa. You fill everything in and post it off and pay for the application, receive an automatic reply acknowledging receipt. I doubt it’s ever looked at again until your name gets to the top of the list years later? We already lived here on another visa so the possible no further stay condition on some visitors visa didn’t apply. Thanks Ramot. So it’s fair to say that if we arrive in Australia without causing suspicion e.g. having a return ticket booked, then lodge an onshore 864 application, we should then be automatically given a bridging visa until the 864 is granted. (years later) Our evisitor 3 month visa wouldn’t have the no further stay condition as I’ve never seen that condition on our previous evisitor visas. Thanks Quote Link to comment Share on other sites More sharing options...
Marisawright Posted March 19, 2019 Share Posted March 19, 2019 9 minutes ago, Rodders123 said: Thanks Ramot. So it’s fair to say that if we arrive in Australia without causing suspicion e.g. having a return ticket booked, then lodge an onshore 864 application, we should then be automatically given a bridging visa until the 864 is granted. (years later) Our evisitor 3 month visa wouldn’t have the no further stay condition as I’ve never seen that condition on our previous evisitor visas. Thanks The correct response to this is probably, “you may very well think that, I couldn’t possibly comment” Quote Link to comment Share on other sites More sharing options...
ramot Posted March 20, 2019 Share Posted March 20, 2019 2 hours ago, Rodders123 said: Thanks Ramot. So it’s fair to say that if we arrive in Australia without causing suspicion e.g. having a return ticket booked, then lodge an onshore 864 application, we should then be automatically given a bridging visa until the 864 is granted. (years later) Our evisitor 3 month visa wouldn’t have the no further stay condition as I’ve never seen that condition on our previous evisitor visas. Thanks Hope it works out for you, no one can tell you for sure, it’s up to you to take the chance. As far as I know after applying the Bridging visa kicks in when visitors visa ends. It’s best to check the facts. Quote Link to comment Share on other sites More sharing options...
Aldar Posted March 31, 2019 Share Posted March 31, 2019 When we discussed such option with my agent he mentioned that depends on your Visitor Visa. If you 600 visa has condition "No further stay" then you won't be granted Bridge Visa. Quote Link to comment Share on other sites More sharing options...
ramot Posted March 31, 2019 Share Posted March 31, 2019 24 minutes ago, Aldar said: When we discussed such option with my agent he mentioned that depends on your Visitor Visa. If you 600 visa has condition "No further stay" then you won't be granted Bridge Visa. To the best of my knowledge you cannot apply onshore for a visa if you have the 8503 no further stay restriction on your visitor visa. Therefore you can’t apply for the onshore 864 visa if the above restriction is a condition on your visitor visa. 1 Quote Link to comment Share on other sites More sharing options...
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