VIC Aged Parent Visa and Parent Visa Questions

Discussion in 'Immigration Law Forum' started by sgensen, 7 October 2018.

  1. sgensen

    sgensen Member

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    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!
     
  2. sgensen

    sgensen Member

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  3. Owais

    Owais Lawyer
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    Hi Sgensen,

    1. Partner visa - if you apply for partner visa now, your visa will be structured like this. Your student will continue until 2020 unless you have been granted with a partner visa prior to that. In case your partner visa is still pending by 2020 and yet your student visa expires then you will be granted a Bridging Visa which will give you similar rights as your student. So yes making that partner visa application should be a safe option.

    2. Aged parent visa - it will be difficult to answer all of your questions about your parents with limited information. I suggest if you wish to discuss in detail to contact me via the lawtap link below.

    Kind regards
     
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