# Warning: Non-contrib Parent, Remaining Relative, Carer and Aged Dep visas ending soon



## MarkNortham (Dec 19, 2012)

Hi All -

The MIA, our agent industry org, has received confirmation from DIBP that applications for the *Non-contributory Parent visa, Remaining Relative visa, Carer visa, and Aged Dependent visa* will be ceasing "very soon". Best information is that there will be no "retrospective implications", meaning that applications already lodged by whenever the cutoff is should not be affected.

Would suggest that anyone considering any of these visas complete their applications and lodge them immediately. 

Best,

Mark Northam


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## ceciliaat7 (May 16, 2014)

Is the ceasing permanently???


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## MarkNortham (Dec 19, 2012)

No sign of any planned re-introduction of these after they cease. Here's the latest from DIBP to the MIA:

_Applications can still validly be lodged. All valid applications will remain in the pipeline and be processed in due course. The cessation of new applications under the Other Family and Non-Contributory Parent visas will take place prior to the start of the 2014-15 programme year. The visa subclasses affected are:

Parent (subclass 103)
Aged Parent (subclass 804)
Aged Dependent Relative (114)
Remaining Relative (115)
Carer (116)
Remaining Relative (835)
Carer (836)
Aged Dependent Relative (838).

Specifics concerning the date the necessary regulatory changes will take effect have not yet been settled and we will get earliest advice to you and your industry colleagues once these details become clear. The announcement in the Budget papers concerns the cessation of new applications under the Other Family and Non-Contributory Parent visa categories and didn't make reference to "capping at zero" or other measures, that would affect applications validly lodged prior to the cessation date._


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## ceciliaat7 (May 16, 2014)

Thank you Mark, can I ask when is the 2014-2015 programme year start? the end of 2014 ?


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## MarkNortham (Dec 19, 2012)

The programme year for immigration (and much else in Australia) starts 1 July each year.

Best,

Mark Northam


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## vdeng (May 20, 2014)

Hi Mark, 

My parents have such a situation and I wonder if you can help answer the questions. 

They are currently overseas and had already applied for visa 600 which is likely to be granted in one or two weeks based on the current status.

With the recent budget announcement, however, I want to apply for parent visa 103 for them before the potential cut off. 

My question is if they are granted with visa 103, are they still eligible for applying for visa 103?

If they are, can they lodge the application when they are in Australia? I understand visa 103 means offshore but visa 600 is a temporary visa.

Cheers,
Vincent Deng


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## MarkNortham (Dec 19, 2012)

Hi Vdeng -

Interestingly, there is no requirement that I know of for the subclass 103 Parent visa that the applicant be onshore or offshore at the time of application. There is a time of decision requirement that the applicant must be offshore when the visa is granted. That being said, this visa is an offshore class visa which means there is no bridging visa granted related to the application. So to answer your questions, no reason why they cannot lodge the application while they are onshore. Do note the application instructions carefully, as the application must be sent by mail or courier to a specific parent visa processing centre in Australia. So if they lodge while in Australia, that's fine, but would not affect their subclass 600 visitor visa in any way, and no bridging visa is generated from lodging the 103 visa onshore.

Hope this helps -

Best,

Mark Northam


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## vdeng (May 20, 2014)

Hi Mark,

Yes that does answer my question. Thanks for the quick response.

If they do apply for 103 while they are offshore though, can they still get the bridge visa later on?

Cheers,
Vincent


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## MarkNortham (Dec 19, 2012)

Hi Vdeng -

Nope. They do that, I expect, to avoid people spending the 13+ year wait for a 103 on a bridging visa in Australia instead of offshore, etc.

Best,

Mark Northam



vdeng said:


> Hi Mark,
> 
> Yes that does answer my question. Thanks for the quick response.
> 
> ...


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## samir05 (May 21, 2014)

Hi Mark,

Could you please advise if my parents can apply for Parent visa subclass 103 onshore ? They are currently in Australia on VISITOR subclass 600 visa with 8503-No Further Stay condition.

Thanks,
samir


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## MarkNortham (Dec 19, 2012)

Hi Samir -

Thanks for the question. They cannot apply onshore under that 600 visa unless they get a waiver of the 8503 condition.

Best,

Mark Northam



samir05 said:


> Hi Mark,
> 
> Could you please advise if my parents can apply for Parent visa subclass 103 onshore ? They are currently in Australia on VISITOR subclass 600 visa with 8503-No Further Stay condition.
> 
> ...


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## vdeng (May 20, 2014)

MarkNortham said:


> Hi Samir -
> 
> Thanks for the question. They cannot apply onshore under that 600 visa unless they get a waiver of the 8503 condition.
> 
> ...


Hi Mark,

If the visa 600 my parents are going to get will also have the no further stay condition, can they apply for visa 103 when they are offshore?

Thanks,
Vincent


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## MarkNortham (Dec 19, 2012)

Hi Vincent -

In theory, yes, however the application must be delivered in Australia in accordance with the specific regulations for this visa or it may be considered invalid. There is, however, no requirement that the applicants be either onshore or offshore at the time of application. You may want to consult with a registered migration agent to make sure you understand all of the requirements for this visa - the location of the applicant at time of lodgement is only one aspect to this visa.

Hope this helps -

Best,

Mark Northam



vdeng said:


> Hi Mark,
> 
> If the visa 600 my parents are going to get will also have the no further stay condition, can they apply for visa 103 when they are offshore?
> 
> ...


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## spiinl (Sep 22, 2013)

Hi Mark,

Is it possible to apply for Non-contributory visa for parents if under the following condition:

1) 3 Siblings - 1 x outside of Australia, 1 x subclass 190, 1 x subclass 457 (temp residence) - 6months

Is there any other criteria that I should look out for and what subclass to aim for , for my parents.

TIA


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## MarkNortham (Dec 19, 2012)

Hi Spiinl -

Thanks for the note. Short answer: No. The 457 child will be not considered to be living permanently in Australia, so the balance of the family test would not be met because neither of the following are true:

A) More than half your children reside permanently in Australia, OR
B) You have more children permanently residing in Australia than in any other country

For more, see: https://www.immi.gov.au/migrants/family/balance-family.htm

Would suggest consultation (see our website link below to book) to go over all of the parents' and their children's details and situation to see what other visa(s) may fit these circumstances.

Hope this helps -

Best,

Mark Northam


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## Gsh1977 (May 23, 2014)

Hi Mark

Do you know if these being replaced by contributory equivalent visa?

My parents have been granted a parental contributory visa and were planning to migrate at some point this year. The plan was for my brother to apply onshore for the 835 - he has a student visa for a course starting in July, this leaves us a bit stuck as he has no other visa options.


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## Dinkum (Jan 5, 2014)

Hi Mark - 

(I am asking for a friend, so please ignore my timeline details below in this case.)

My friend is a new Australian citizen who is currently preparing an application for a non-contributory parent visa 103 to bring his mother and father as migrants from China. The completed 103 application will likely be posted to DIBP early this week.

His parents are now offshore in China, but they have already applied for a tourist visa to visit their son for three months from June this year. If their tourist visa is granted it will probably have a no further stay condition. 

Do you see an issues arising? 

Should they cancel the tourist visa application pending the formal lodgement of the 103 visa application? 

In either case, what happens when they want to visit Australia over the next 13 years or so?

Sincere appreciation for your kind expert help as always.


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## MarkNortham (Dec 19, 2012)

Hi Gsh1977 -

I've heard nothing about introducing contributory versions of the visas they are dropping. Also, since the quote numbers for those are being taken up by other visas (increase in partner visa places, etc), it's probably unlikely that they will be replaced by contributory versions, although not impossible I suppose. That would really be a blantant money grab by the govt, though...

Hope this helps -

Best,

Mark Northam



Gsh1977 said:


> Hi Mark
> 
> Do you know if these being replaced by contributory equivalent visa?
> 
> My parents have been granted a parental contributory visa and were planning to migrate at some point this year. The plan was for my brother to apply onshore for the 835 - he has a student visa for a course starting in July, this leaves us a bit stuck as he has no other visa options.


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## MarkNortham (Dec 19, 2012)

Hi Dinkum -

Thanks for the note - should be no issue with the visitor visas overlapping with the 103 visa, but I'd get the 103 visa in as soon as possible. There are longer-issue visitor visas available for people who have already lodged a 103 visa, so after the 103 visa is lodged, they might find visitor visas a bit more generous in terms of the time given to stay in Australia... here's more info:

Longer tourist visas for parents of Australians

Remember that the no further stay condition is only active while the person is in Australia - no problem lodging a further visa application while outside Australia, even if they are holding the visitor visa with no further stay.

Hope this helps -

Best,

Mark Northam



Dinkum said:


> Hi Mark -
> 
> (I am asking for a friend, so please ignore my timeline details below in this case.)
> 
> ...


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## Dinkum (Jan 5, 2014)

*Thank you*

Thank you for clearing our minds on this issue. My friends hopes to post the application to Perth tomorrow. Your prompt help and advice to us is sincerely appreciated as always.   



MarkNortham said:


> Hi Dinkum -
> 
> Thanks for the note - should be no issue with the visitor visas overlapping with the 103 visa, but I'd get the 103 visa in as soon as possible. There are longer-issue visitor visas available for people who have already lodged a 103 visa, so after the 103 visa is lodged, they might find visitor visas a bit more generous in terms of the time given to stay in Australia... here's more info:
> 
> ...


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## asdesd (May 26, 2014)

Hi Mark,

Thanks for the information.

My parents has just applied 600 visa offshore and not granted yet. Can they apply the 103 visa now or they have to wait the 600 visa to be granted at first?

Cheers
Shawn


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## MarkNortham (Dec 19, 2012)

Hi Shawn -

No need to wait - the 600 is a separate application that would be independent of the 103. The key is that if you wait to apply for the 600 after the 103 has been lodged (or if the 600 is granted after the 103 has been lodged), they may get a longer time in Australia under the provisions for longer visitor visas for people who have lodged parent visa applications, etc.

Hope this helps -

Best,

Mark Northam


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## asdesd (May 26, 2014)

Thanks for your super-fast response.

If the 600 is granted before I lodge the 103, I think in the form 47PA, I have to answer 'Yes' to the question 'Have you or any dependent family member (migrating with you or not)
previously been to Australia, held or currently hold a visa for travel to
Australia?', am I right?
But as my parents just get the visa not come to Australia yet, what should I write in the next two questions: 'Date of arrival', 'Date of departure'.

Thanks
Shawn


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## alexlllring (May 27, 2014)

*Visa 103 - certified copy*

Hi Mark,

I am new to this website, have a question for visa 103 parent visa, please advice.

Immi office said need certified documents for my parent's birth certificate,etc. It has been certified overseas, do I have to wait for the orginal certified copy send to me or instead I can ask them color scan to me to save some time.

I want to send all the documents to immi office as soon as possible before this visa canelled

Thanks lots for your help!

Ring


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## MarkNortham (Dec 19, 2012)

Hi Shawn -

I'd leave the arrive/departure questions blank, or write in "To be determined at a future date" or something like that.

Hope this helps -

Best,

Mark Northam



asdesd said:


> Thanks for your super-fast response.
> 
> If the 600 is granted before I lodge the 103, I think in the form 47PA, I have to answer 'Yes' to the question 'Have you or any dependent family member (migrating with you or not)
> previously been to Australia, held or currently hold a visa for travel to
> ...


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## MarkNortham (Dec 19, 2012)

Hi AlexIIIring -

Normally DIBP accepts high quality colour scans of original documents (not scans of certified copies of original documents) if providing to them electronically, however in some cases they require actual hardcopy certified copies of original documents. However, policies can differ from one department to another - since I assume a case officer or group had asked you for the additional docs, I would suggest emailing them and asking what forms they will accept the documents in - ie, must be hardcopy certified copy, or can be colour scan of certified copy, or can be colour scan of original?

Hope this helps -

Best,

Mark Northam



alexlllring said:


> Hi Mark,
> 
> I am new to this website, have a question for visa 103 parent visa, please advice.
> 
> ...


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## Cyna (May 27, 2014)

Hi I called migration today, if your parents are old enough to receive a pension, I think would be better if they apply for 804 visa. You can apply onshore.


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## asdesd (May 26, 2014)

Hi Mark,

Thanks for your response.

When the first time I lodge the 103, do I need to include Form 80 and something to prove my financial situation or settlement status, such as employment contract, property ownership certificate or bills? As the visa won't be processed until at least ten years later, all these situation and content of Form 80 will be changed then. So the case officer will ask me to supply these documents when they process my appliaction, is this right?

Cheers
Shawn


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## alexlllring (May 27, 2014)

*alexllring's reply*



MarkNortham said:


> Hi AlexIIIring -
> 
> Normally DIBP accepts high quality colour scans of original documents (not scans of certified copies of original documents) if providing to them electronically, however in some cases they require actual hardcopy certified copies of original documents. However, policies can differ from one department to another - since I assume a case officer or group had asked you for the additional docs, I would suggest emailing them and asking what forms they will accept the documents in - ie, must be hardcopy certified copy, or can be colour scan of certified copy, or can be colour scan of original?
> 
> ...


Hi Mark,

Thanks lots for the quick reply, really appreciated that!

Immi office said certified copies will be fine not the orginal documents.

Will ring them to find out excatly what is copy of certified copies.

Highly appreciated your help.

Ring


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## MarkNortham (Dec 19, 2012)

IMPORTANT: DIBP has just announced that all applications for the following subclasses of visa must arrive at the Perth designated office address (Parent Processing Centre) for lodging these by the end of TODAY 30 May 2014 or cannot be accepted. Note that applications cannot be delivered to the address in person - they must arrive via professional courier or post:

Aged Dependent Relative visa classes and subclasses
Remaining Relative visa classes and subclasses
Carer visa classes and subclasses
Parent and Aged Parent visa classes and subclasses

Best,

Mark Northam


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## Naderni (May 30, 2014)

May I ask if this is for certain? No official announcement can be found on DIBP website.

I'm in the progress of lodging 103 visa and still waiting for certified translated documents to be sent from overseas. Just very frustrating with no definite answer from any source.

Thanks in advance.



MarkNortham said:


> IMPORTANT: DIBP has just announced that all applications for the following subclasses of visa must arrive at the Perth designated office address (Parent Processing Centre) for lodging these by the end of TODAY 30 May 2014 or cannot be accepted. Note that applications cannot be delivered to the address in person - they must arrive via professional courier or post:
> 
> Aged Dependent Relative visa classes and subclasses
> Remaining Relative visa classes and subclasses
> ...


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## Cyna (May 27, 2014)

Naderni said:


> May I ask if this is for certain? No official announcement can be found on DIBP website.
> 
> I'm in the progress of lodging 103 visa and still waiting for certified translated documents to be sent from overseas. Just very frustrating with no definite answer from any source.
> 
> Thanks in advance.


Hi, I have the same problem. Take the risk and send what you have. Tell them that you will send the documents later. 
You don't have nothing to lose.


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## MarkNortham (Dec 19, 2012)

Hi Naderni -

Sad to say it is. Pathetic that DIBP site still says date will be announced soon! Here's the legal instrument - download the PDF and note the commencement date - 2 June 2014: Migration Amendment (Repeal of Certain Visa Classes) Regulation 2014

How on earth they think giving essentially less than 1 day's notice of the actual date of the cessation is unbelievable. Maybe it's time somebody tell DIBP that applicants are not "the enemy" here.

Best,

Mark Northam


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## Naderni (May 30, 2014)

Really appreciate the quick reply, I found the legal documents in comlaw.gov soon after I posted here.

Have to say I'm a little bit confused, giving everyone 1day notice(assuming courier is 1day) does not sound like a very well-considered (neither responsible) thing to do on a national level. Not to mention the official website is not updated.

If I pull this in the company I work in it would no doubt be a zero tolerance offence... If my bank do this to our customers I can't even start to imagine the consequence.... but I guess it's OK for a government to do it.

Excuse me for my whinging. Thanks heaps for the reply.



MarkNortham said:


> Hi Naderni -
> 
> Sad to say it is. Pathetic that DIBP site still says date will be announced soon! Here's the legal instrument - download the PDF and note the commencement date
> 
> ...


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## CollegeGirl (Nov 10, 2012)

I imagine the point was to do it so suddenly that people COULDN'T suddenly last-minute get an application together, so they won't be hugely swamped as usually happens when they close off visa categories. Very sneaky.


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## Maggie-May24 (Jul 24, 2011)

I'm sure DIBP's viewpoint would be that they gave several weeks notice that it was closing so people should have either applied already, or been ready to go at a moment's notice.


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## Cyna (May 27, 2014)

The only option for migrants who want to sponsor their parents will be under the Contributory Parent visas. The cost of sponsoring both parents to migrate to Australia under any of the Contributory Parent Subclasses is substantial when visa application charges and the Medicare surcharge are taken into account. For two parents to migrate, the current cost will be approximately $125,460 which is payable before the visas are granted. A single parent would cost $59,490. The costs are automatically increased annually on 1st July.


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## rheia (Apr 10, 2013)

This has just been posted on the Immi Migration Blog, concerning the "Changes to Other Family and Non-Contributory Parent visas":

Changes to Other Family and Non-Contributory Parent visas | Migration Blog


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## CollegeGirl (Nov 10, 2012)

Okay, my job is in the PR industry, so I'm adept at spin. But good lord, this paragraph makes me want to throw things:

"The focus of family migration is on the reunion of close family members, who are the partners, children and contributory parents of Australian citizens and permanent residents. Closure of the Parent (non-contributory) and Other Family visas will help free up places in the Family Stream for the migration of close family members."

What this in essence says about our parents is that they are close to us if they CAN pay for the contributory, but they are NOT close to us if they can't. Haha. Oh lord, the BS that went into this!


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## Adam Grey (Nov 8, 2013)

It doesn't really surprises me anymore. If there's going to be an imminent change like this you can guarantee it will be last minute, without warning and at worst possible moment to give applicants the least amount of time to respond. I absolutely guarantee that they will now say there will be delays to receipting applications because they're snowed under!

We spent a while on the phone with one embassy last week having to convince them that no matter how much they protested that they didn't have one, they do indeed have a fax machine and no the application could not wait to be lodged next week.......That's a special kind of sneaky right there.


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## Cyna (May 27, 2014)

Do you think there is a chance that a New government would change this amendment?


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## MarkNortham (Dec 19, 2012)

Hi Adam -

Your guarantee just came true...

_"Perth Parent Processing Centre (PPC) has advised the MIA they were inundated with parent visa applications last week as a result of the cessation of this visa.

Due to the number of applications received, there will be further delays in receipting these applications. At last report, PPC was receipting applications received around 11 May 2014 . There will be further significant delays in receipting applications received from that date on."_

DIBP is getting rather predictable these days!

Best,

Mark Northam


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## Adam Grey (Nov 8, 2013)

I don't know whether to laugh or cry!


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## MarkNortham (Dec 19, 2012)

The weird thing about DIBP saying they are behind in receipting, is that they are only up to 11 May 2014, whereas the new budget was only announced on 13 May 2014 and it only became apparent a couple days later that these visas were being cut as a result, and the deluge of applications may have begun. So they apparently were significantly behind before the deluge of applications even began.

Mark Northam


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## Adam Grey (Nov 8, 2013)

Cyna said:


> Do you think there is a chance that a New government would change this amendment?


I very much doubt it. In fairness to the government I think they had to do something because the demand was a lot greater than the allocation numbers and the queue was already huge. I'm just not sure this was the right 'something' and I definitely don't think it was handled the right way.

I'm most interested now to see how they handle the applications already in the 103 queue. I honestly believe it's going to be a very, very long wait for a lot of people.


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## MarkNortham (Dec 19, 2012)

Yup. It was 14+ years of waiting before the deluge of applications happened - what now, 20+ years? You'd have to wonder how many parents would still pass the health criteria after even 14 years of waiting, much less more.

Let's see - if history repeats itself, the next little gem in this process will be some sort of "priority processing regime" for family visas, with 103 visas becoming the equivalent of those poor lingering souls on "Priority 5" family sponsored skilled PR visas from years past - processed only when "all other applications have been processed" - ie, waiting for years with no idea if/when any progress will be made on their applications.

We can only hope that DIBP avoids that kind of shameful treatment and makes some sort of reasonable arrangement to get these 103 visas processed in something resembling a timely fashion. With all the extra revenue they're taking in from the deluge of 103 applications, perhaps they could hire some additional staff to bolster their processing centre and get things moving in a more reasonable timeframe...?

Best,

Mark Northam



Adam Grey said:


> I'm most interested now to see how they handle the applications already in the 103 queue. I honestly believe it's going to be a very, very long wait for a lot of people.


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## Adam Grey (Nov 8, 2013)

MarkNortham said:


> The weird thing about DIBP saying they are behind in receipting, is that they are only up to 11 May 2014, whereas the new budget was only announced on 13 May 2014 and it only became apparent a couple days later that these visas were being cut as a result, and the deluge of applications may have begun. So they apparently were significantly behind before the deluge of applications even began.
> 
> Mark Northam


We had an auto response back in Dec advising a 4 month backlog just to receipt a contributory parent visa, taken with a pinch of salt of course but I think they were under a bit of pressure already.


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## Adam Grey (Nov 8, 2013)

MarkNortham said:


> Yup. It was 14+ years of waiting before the deluge of applications happened - what now, 20+ years? You'd have to wonder how many parents would still pass the health criteria after even 14 years of waiting, much less more.
> 
> Let's see - if history repeats itself, the next little gem in this process will be some sort of "priority processing regime" for family visas, with 103 visas becoming the equivalent of those poor lingering souls on "Priority 5" family sponsored skilled PR visas from years past - processed only when "all other applications have been processed" - ie, waiting for years with no idea if/when any progress will be made on their applications.
> 
> ...


Absolutely hate saying it, and of course it's all my own speculation so nobody in the queue should take it as valid information, but I really believe the main factor in reducing queue times will be withdrawals and deaths.

As you rightly say, the health criteria issue is going to be massive. I got berated a bit for saying it somewhere else but I honestly could not recommend the 103 to be a worthwhile option for applicants aged 70/75+ without serious consideration being given to the future queue length and the fact that for a large amount of applicants it may never be granted.


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## jnu123 (Jun 4, 2014)

Hi Mark,

my friends got the application approved for 8 years.

Now is assessing applicant queued in 2008.

I guess the pool is now about $30,000

30,000/1750 should be less 20 years unless the quota would suffer a further cut next FY


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Naderni -
> 
> Sad to say it is. Pathetic that DIBP site still says date will be announced soon! Here's the legal instrument - download the PDF and note the commencement date - 2 June 2014:
> How on earth they think giving essentially less than 1 day's notice of the actual date of the cessation is unbelievable. Maybe it's time somebody tell DIBP that applicants are not "the enemy" here.
> ...


Hi Mark,

A call to immi call centre today indicated they will accept applications received on 3.6.14.


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

No way to tell how DIBP will handle the backlog going forward - quotas could change, they could do the right thing and process the backlog quickly with all the extra money they've raised from all these application, or they could leave people lingering and waiting for many years. Your guess is as good as mine...!

Best,

Mark Northam


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

Not legally possible that I know of. The visa subclasses/classes were legally repealed as of 2 June 2014 so how could a valid application be made dated 3 June 2014 unless DIBP was backdating them...? Unless they have passed some new laws, I don't know how they could do this, and frankly wonder whether the call centre personnel are the most authoritative source at DIBP.



jnu123 said:


> Hi Mark,
> 
> A call to immi call centre today indicated they will accept applications received on 3.6.14.


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## jnu123 (Jun 4, 2014)

Naderni said:


> Really appreciate the quick reply, I found the legal documents in comlaw.gov soon after I posted here.
> 
> Have to say I'm a little bit confused, giving everyone 1day notice(assuming courier is 1day) does not sound like a very well-considered (neither responsible) thing to do on a national level. Not to mention the official website is not updated.
> 
> ...


Hello Naderni,

Even if immi only gave less than one day notice, but you should try to lodge 103 asap. What i confirmed from immi call centre is that all applications received on 3.6.14 will be accepted as 'valid'.

That means, if someone posted the applications out on Friday, Saturday, Sunday and Monday by express post and arrived on Tuesday (3.6.14, remember it was a public holiday in WA on Monday) the immigration office will accept those documents.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> No way to tell how DIBP will handle the backlog going forward - quotas could change, they could do the right thing and process the backlog quickly with all the extra money they've raised from all these application, or they could leave people lingering and waiting for many years. Your guess is as good as mine...!
> 
> ...


Hi Mark,

My thought

Government is trying to consolidate some departments into new 'border protections', that is why they want to finish those applications asap so that they can cut people so that save expense to meet the budget.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> Not legally possible that I know of. The visa subclasses/classes were legally repealed as of 2 June 2014 so how could a valid application be made dated 3 June 2014 unless DIBP was backdating them...? Unless they have passed some new laws, I don't know how they could do this, and frankly wonder whether the call centre personnel are the most authoritative source at DIBP.


Hi Mark,

This was confirmed by different persons at different time today. So I think they must have something on hand to allow them to say that.

Or you can try tomorrow morning...


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

That's great news, if you trust what the DIBP call centre people say. No official word that I've heard yet, but there's always hope. I'll do some checking and post if I come up with anything solid.

Best,

Mark Northam


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> That's great news, if you trust what the DIBP call centre people say. No official word that I've heard yet, but there's always hope. I'll do some checking and post if I come up with anything solid.
> 
> ...


You are right, Mark. The call centre staffs sometimes do not know what they say.

This time is different.

When i asked whether applications received yesterday be accepted he asked me to hold the line for a while. I guess he is checking with his manager. After about 3 mins, he answered yes. I was surprised. I know many of my friends in Chinese community wrote lots of complaint letters and legal letters to immigration email box. I guess this worked.

But only for applications received on 3.6.14. All applications received from today 4.6.14 will be invalid.

Thanks for your time if you can check with solid evidence.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> That's great news, if you trust what the DIBP call centre people say. No official word that I've heard yet, but there's always hope. I'll do some checking and post if I come up with anything solid.
> 
> ...


Hi Mark,

Here comes a question for you.

If some documents required on the checklist such as certified copy of passport and 4 passport size photos are not provided, will be immi accept the application?

Surely lodged form 47PA, 40 and 956.

Thanks


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

Each visa has "Schedule 1" requirements which are the minimum items that must be submitted at lodgement to make a valid application, and Schedule 2 requirements that include many other time-of-application and time-of-decision requirements. If an application includes all the Schedule 1 requirements, then it generally will be a valid application. It still can be refused if you don't meet Schedule 2 requirements, but it is a valid application and subject to normal processing if you meet Schedule 1.

For the 103 Parent visa, applications must have arrived at DIBP prior to 12:01am 2 June 2014, and must have included Form 47PA, the application fee, and must have been sent by an approved method to arrive at the Perth Parent Processing Centre at the address provided.

Hope this helps -

Best,

Mark Northam



jnu123 said:


> Hi Mark,
> 
> Here comes a question for you.
> 
> ...


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## jnu123 (Jun 4, 2014)

Thanks, Mark. 

Below is my case:

I applied 103 for my mother and 143 for my father.

I understand my father must wait for 5 years before he can apply partner visa for my mother.

When my father apply partner visa for my mother after 5 years time, do we need to withdraw 103 first? or We can keep 103 visa in the queue and at the same time apply the partner immigration? Thanks.


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

The 103 must be withdrawn before the 143 can be granted - time of decision requirement for the 143. Also, note that the 5 year clock for waiting for the partner visa application for these purposes begins on the date the 143 is granted.

You mentioned a form 956 and other people calling DIBP - you're in China - were you calling the Australian DIBP call centre or a Chinese one? Are you a Chinese migration agent by any chance, since you mention a 956 and other people calling DIBP at different times? No problem if you are, just wondering.

Hope this helps -

Best,

Mark Northam


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## Adam Grey (Nov 8, 2013)

Mark, I swear you have the patience of a saint! I don't know how you do it.


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## CollegeGirl (Nov 10, 2012)

Adam Grey said:


> Mark, I swear you have the patience of a saint! I don't know how you do it.


I think that EVERY DAY on here, Adam. Hahaha.


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## Adam Grey (Nov 8, 2013)

Seriously, I'm all for helping people but Mark goes above and beyond and clearly knows his profession. I'd have no trouble recommending him.


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## Adam Grey (Nov 8, 2013)

Hmmm there may be something to this after all. There's been a notice sent out by the Migration Institute of Australia informing that applications received in the Perth Processing Centre between 2nd - 4th on the old forms will be accepted. I haven't heard anything directly from the DIBP but the MIA is a reputable source.

Would've been nice to know!


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> The 103 must be withdrawn before the 143 can be granted - time of decision requirement for the 143. Also, note that the 5 year clock for waiting for the partner visa application for these purposes begins on the date the 143 is granted.
> 
> ...


Thanks Mark.

What I mean is that if my father wish to apply partner visa for my mother after 5 years + 2 years (processing time), does my mother need to withdraw her 103 application first?

No. Mark. I am not an agent. I am just an individual. I am now in Australia. Different people means our 'migration issue' chat group buddies called immi 13 number by different time yesterday including me.


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## MarkNortham (Dec 19, 2012)

Hi Jnu123 -

Got it - re: 143/103, it is a time of decision (not time of application) requirement for the 143 that any other validly made partner visa applications previously made either be finalised or withdrawn. So you could leave the 103 in place when you apply for the 143, but at some point before DIBP would grant the 143, you would need to withdraw the pending 103 application.

Hope this helps -

Best,

Mark Northam


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> Got it - re: 143/103, it is a time of decision (not time of application) requirement for the 143 that any other validly made partner visa applications previously made either be finalised or withdrawn. So you could leave the 103 in place when you apply for the 143, but at some point before DIBP would grant the 143, you would need to withdraw the pending 103 application.
> 
> ...


Hi Mark,

Let me put it simply.

Father currently 103 in queue.

Mother want to apply partner visa 100 to my father.

Do father need to withdraw 103 first to be eligible to apply partner visa 100?

Thanks.


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## MarkNortham (Dec 19, 2012)

Hi Jnu -

Sorry, but now I'm thoroughly confused. You said in a previous post that you applied for a 143 for your father. Now you say he's in the 103 queue and no mention of the 143...??

Your father cannot sponsor your mother until 5 years after he is granted the 143, assuming she is not also an applicant for a 143.

If your father has lodged a 103, he can later lodge a 143 for himself without withdrawing the 103. However, he must withdraw the 103 sometime before the 143 is granted. That is, the 143 cannot be granted to someone who has an outstanding application pending for a 103 as well.

Hope this helps -

Best,

Mark Northam


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## MarkNortham (Dec 19, 2012)

Hi Adam -

Thanks for the kind words! Having you here on the forum as well is great, as it provides yet an additional level of help and support to people with a genuine need. Glad you're here!

Best,

Mark Northam



Adam Grey said:


> Seriously, I'm all for helping people but Mark goes above and beyond and clearly knows his profession. I'd have no trouble recommending him.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu -
> 
> Sorry, but now I'm thoroughly confused. You said in a previous post that you applied for a 143 for your father. Now you say he's in the 103 queue and no mention of the 143...??
> 
> ...


Hi Mark,

Sorry for confusion I typed wrong.

Should be read:

Mother currently 103 in queue.

Father currently on 143.

After 5 years + 2 years (processing time), assuming 143 approved for my father,

Instead of mother waiting for 103,

Father wants to lodge a partner visa subclass 100 for my mother.

Do mother need to withdraw her 103 first to be eligible to for the partner visa subclass 100?

Thanks a lot.


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## jnu123 (Jun 4, 2014)

Adam Grey said:


> Hmmm there may be something to this after all. There's been a notice sent out by the Migration Institute of Australia informing that applications received in the Perth Processing Centre between 2nd - 4th on the old forms will be accepted. I haven't heard anything directly from the DIBP but the MIA is a reputable source.
> 
> Would've been nice to know!


Thanks for sharing this.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu123 -
> 
> Not legally possible that I know of. The visa subclasses/classes were legally repealed as of 2 June 2014 so how could a valid application be made dated 3 June 2014 unless DIBP was backdating them...? Unless they have passed some new laws, I don't know how they could do this, and frankly wonder whether the call centre personnel are the most authoritative source at DIBP.


Hi Mark,

Yes, Immi is backdating those applications received on 3.6.14.

In the immi email containing receipt, the lodgement date for applications received on 3.6.14 is shown 1.6.14.


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## MarkNortham (Dec 19, 2012)

Would love to see proof of this.

If this is accurate, it's incredibly unfair to those who didn't lodge because they "believed" DIBP that anything arriving after 1 July 2014 is invalid. What on earth gives DIBP the right to arbitrarily backdate applications received after a cutoff, while invalidating others??? I've got a client who missed the DIBP deadline for a visa by 20 minutes and has spent 2 years of his life trying to fix the problem. And now they're just "deciding" to backdate applications for an arbitrary amount of time (ie, 2 June and 3 June, but not 4 June)??

They have created a very important precedent if this is true.

MN



jnu123 said:


> Hi Mark,
> 
> Yes, Immi is backdating those applications received on 3.6.14.
> 
> In the immi email containing receipt, the lodgement date for applications received on 3.6.14 is shown 1.6.14.


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## Cyna (May 27, 2014)

It was a public holiday in WA on Monday, so they couldn't have received any application that day.


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## MarkNortham (Dec 19, 2012)

Excellent point, Cyna!



Cyna said:


> It was a public holiday in WA on Monday, so they couldn't have received any application that day.


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## Sydney (Jan 13, 2014)

MarkNortham said:


> Would love to see proof of this.
> 
> If this is accurate, it's incredibly unfair to those who didn't lodge because they "believed" DIBP that anything arriving after 1 July 2014 is invalid. What on earth gives DIBP the right to arbitrarily backdate applications received after a cutoff, while invalidating others??? I've got a client who missed the DIBP deadline for a visa by 20 minutes and has spent 2 years of his life trying to fix the problem. And now they're just "deciding" to backdate applications for an arbitrary amount of time (ie, 2 June and 3 June, but not 4 June)??
> 
> ...


Dear Mark,

I just spoke with a friend of mine who sent her Parents Visa application on the 30th of May at 4:45pm. She called DIBP today and got the confirmation that her application has been accepted!!

I would like to THANK YOU and Adam for providing us with the most recent information! Thanks for changing lives and making so many people happy all over the world!


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## MarkNortham (Dec 19, 2012)

Hi Sydney -

That's great! So did the application arrive at DIBP on 30 May 4:45pm? If not, when did it arrive? That's great news.

Best,

Mark Northam



Sydney said:


> Dear Mark,
> 
> I just spoke with a friend of mine who sent her Parents Visa application on the 30th of May at 4:45pm. She called DIBP today and got the confirmation that her application has been accepted!!
> 
> I would like to THANK YOU and Adam for providing us with the most recent information! Thanks for changing lives and making so many people happy all over the world!


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## Sydney (Jan 13, 2014)

MarkNortham said:


> Hi Sydney -
> 
> That's great! So did the application arrive at DIBP on 30 May 4:45pm? If not, when did it arrive? That's great news.
> 
> ...


I'm not sure when exactly the application arrived at DIBP, but it was sent on 30 May 4:45pm from Sydney. DIBP also confirmed on the phone that they accepted all the applications arrived before 4/6/2014.


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Would love to see proof of this.
> 
> If this is accurate, it's incredibly unfair to those who didn't lodge because they "believed" DIBP that anything arriving after 1 July 2014 is invalid. What on earth gives DIBP the right to arbitrarily backdate applications received after a cutoff, while invalidating others??? I've got a client who missed the DIBP deadline for a visa by 20 minutes and has spent 2 years of his life trying to fix the problem. And now they're just "deciding" to backdate applications for an arbitrary amount of time (ie, 2 June and 3 June, but not 4 June)??
> 
> ...


Hello Mark,

See if the following extraction would be some evidence for accepting visa applications arrived on 3.6.14.

*****************
Thank you for your enquiry.

If an application was posted through the general post office and was delivered to this office on Tuesday 3rd June then yes it should be valid.

Applications containing cheques and money orders have to be receipted under the Finance legislation, even where the application is invalid, in these latter cases the client would be sent a refund form.

If an application was couriered to us and arrived on 3rd June it will not be valid.

Admin
Parent Visa Centre
Department of Immigration and Border Protection
***********************************

Which I think its so unfair...


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## MarkNortham (Dec 19, 2012)

Hi Jnu -

I think if I had a client who had an application declared invalid if it arrived on 4 June where they made this exception for those arriving by post and arriving on 3 June, I'd definitely consider this helpful.

I would love to know what the legal justification is for this choice of dates and delivery methods. If they are going to use the postmark date, then that would have been stated. 2 June was a public holiday in WA, so nothing could have arrived by post on that day since there was no postal delivery. But the legislation became effective on 1 June that repealed those visas... so the excuse that 2 June was a public holiday doesn't quite work...

Best,

Mark Northam



jnu123 said:


> Hello Mark,
> 
> See if the following extraction would be some evidence for accepting visa applications arrived on 3.6.14.
> 
> ...


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## jnu123 (Jun 4, 2014)

MarkNortham said:


> Hi Jnu -
> 
> I think if I had a client who had an application declared invalid if it arrived on 4 June where they made this exception for those arriving by post and arriving on 3 June, I'd definitely consider this helpful.
> 
> ...


I think there is no legal justification for this, just man made decision after lunch...

As Mon, 2.6.14 is a public holiday in WA, so any application posted via express post on Fri, Sat, Sun, and even Mon (1.6.14) from other states, it all should be arrived on Tues, 2.6.14.

Below is the explanation from DIBP FYI:

*****************************
UNCLASSIFIED

As no mail could be delivered on 2nd June due to the public holiday in WA and as that mail would have been in the GPO before the repeal date any mail coming from the post office and delivered on the 3rd will be accepted as valid. Couriered applications will not be accepted as valid.

Admin
Parent Visa Centre
Department of Immigration and Border Protection

************************************

As i mentioned, application posted on Mon, 2.6.14 (been repealed on 1.6.14) via express post would be arrived in their locked bag on Tues, 3.6.14, then according to their criteria, it would be a valid application.

Funny, is it?


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## MarkNortham (Dec 19, 2012)

DIBP in some cases uses a third party service to collect mail from its PO box and bring it to DIBP - this might explain this - ie, arrived at DIBP's post office box sometime Friday, but was not picked up and delivered to DIBP's offices until Tuesday.

Just a guess....

Best,

Mark Northam


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## hafizullah (Jul 4, 2014)

*Remaining Relative*

Hi Dear ,
My Application with the subclass of (115) ,
My application was refused by diac but after that mrt accepted it and remit my application back to diac for visa in 20 March 2014, but till now i didnt recieve any message from immigration , 
Please inform me to what would be furture processing for my application and how long it will take for visa grant .

Please inform me as soon as possible

Regard
Hafiz


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## MarkNortham (Dec 19, 2012)

Hi Hafiz -

Thanks for the post and message - no way to predict - could be months, could be over a year. Suggest you keep in touch with them regularly to enquire as to whether they need any further information or documents.

Hope this helps -

Best,

Mark Northam


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## shazz (Jul 13, 2014)

Hi Mark,

I would like to share the following page with your subscribers who wants to send their message across to the immigration minister to relaunch Aged parent visa, unable to post link so if anyone interested in signing this petition please go the to following Facebook page "Bring Back Parent Visa" or just google "change.org petition non contributory visa" and go straight to their petition page...hoping it will make a difference if we all united. Thanks for sharing and your much needed support.
regards Shazz


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## MarkNortham (Dec 19, 2012)

Hi Shazz -

Thanks for that. There are also moves afoot in the legislature to do the same.

Best,

Mark Northam


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## tegamritsar88 (Aug 1, 2014)

MarkNortham said:


> The programme year for immigration (and much else in Australia) starts 1 July each year.
> 
> Best,
> 
> Mark Northam


hi mark ,

i have an australian child ,,i m seperate from my wife ,she is australian too..i have child sharring custody,i pay childsuport on time,,my case is in ministraial intervention becos ,,i was seperate from my wife becos of her physical issues. depart of imm n mrt refuse my visa ,,,so i submit to minister my case ,,is there any chances to get postive result


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## MarkNortham (Dec 19, 2012)

Hi Tegamritsar88 -

There always is a chance, however the view among many agents including myself is that given the current government, the chances of getting a Ministerial Intervention request approved is low.

Hope this helps -

Best,

Mark Northam


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## tegamritsar88 (Aug 1, 2014)

Thanks a lot mark 

But what will happen if minister refuse my visa ,,can I take my child with to my country ,,, as I really love my child ,, I want take care of my child ,, what best I can do if I will not get my visa?


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## MarkNortham (Dec 19, 2012)

Hi Tegamritsar88 -

With shared custody you'll need the father's permission to remove the child from Australia - you may want to talk to a family lawyer about any custody issues arising from this and see if they can help -

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

I thought that in situations where a relationship broke down and the non-Aussie partner had an Aussie child with the the Aussie partner, they generally gave PR anyway specifically so this situation didn't arise as the Hague Convention doesn't allow the child to be removed without permission. Very surprised this didn't happen with Tegamritsar88. Can they really just force someone to stay out of the country away from their child? That's awful.


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## MarkNortham (Dec 19, 2012)

Hi CG -

Normally that's the case with partner visas, and if the child is the child of the applicant and sponsor. We only have bits and pieces of what's happened in this case, and apparently her visa application (not sure what subclass) was turned down and she's ended up at MI. Not sure if she's been getting professional assistance, but would strongly recommend it as everything doesn't quite add up. 

Best,

Mark Northam


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## tegamritsar88 (Aug 1, 2014)

Thanks a lot guys ,,,


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## merlinda20145 (Nov 3, 2014)

hi mark 
is a no further stay on a visa is it hard to get it wavied please what should i do

thanks 
merlinda


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## MarkNortham (Dec 19, 2012)

Hi Merlinda20145 -

It depends on your circumstances - getting a no further stay (condition 8503) waived on a visa requires showing (with evidence) three things:
1. That there has been a substantial change in the applicant's conditions
2. The change happened after the visa was granted
3. The change was beyond the control of the applicant

Please advise if I can assist further - we regularly prepare 8503 waiver application packages for clients in a variety of different situations.

Hope this helps -

Best,

Mark Northam



merlinda20145 said:


> hi mark
> is a no further stay on a visa is it hard to get it wavied please what should i do
> 
> thanks
> merlinda


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## merlinda20145 (Nov 3, 2014)

how much would it cost to do a 8503 waiver pakage please advice me thanks 

merlinda


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## MarkNortham (Dec 19, 2012)

Hi Merlinda20145 -

Happy to discuss with you - price is dependent on the amount of work involved which can vary from one case to another - if you could contact me directly (see website below in my signature, then look for Contact link at the upper right corner) would be glad to discuss your case and get you a quote.

Thanks,

Mark Northam



merlinda20145 said:


> how much would it cost to do a 8503 waiver pakage please advice me thanks
> 
> merlinda


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## POSTASKIS (Dec 11, 2014)

Hi Mark

I just have a few questions to ask if you answer it would be great coz i couldnt find enough information about subclass 836.

First off all my uncle and aunt they are disability and they are pensioner they just getting money from centerlink and we are thinking to apply 836 visa my questions is do they have to have money in a bank to be able to sponsorship and does it matter if they get money from centrelink. I can support my self i do not need any money from them. I could not find what the immi office consider about it ? I'm sorry for the grammar mistake i hope you understand that what I'm asking.
Thx...


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## MarkNortham (Dec 19, 2012)

Hi Postaskis -

Thanks for the note - there are no specific financial requirements for the sponsor (person to be cared for), however the most challenging part of this visa application typically is providing evidence to show how the sponsor cannot reasonably be cared for by any other source (ie, community or government agencies, relatives, etc) - suggest you very carefully study this part of the legislation and policy if you are going to do one of these visas by yourself. Also, the waiting time on these is very long.

Hope this helps -

Best,

Mark Northam



POSTASKIS said:


> Hi Mark
> 
> I just have a few questions to ask if you answer it would be great coz i couldnt find enough information about subclass 836.
> 
> ...


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## prasad (Feb 22, 2015)

*HI*



Gsh1977 said:


> Hi Mark
> 
> Do you know if these being replaced by contributory equivalent visa?
> 
> My parents have been granted a parental contributory visa and were planning to migrate at some point this year. The plan was for my brother to apply onshore for the 835 - he has a student visa for a course starting in July, this leaves us a bit stuck as he has no other visa options.


Hi Mate,

How much it took for you to get the parent contributary visa, and did uu applied immediately after getting a pr or waited for 2 years...


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## merlinda20145 (Nov 3, 2014)

i mark , 
i am applying for a carers visa 836 am on a toiurst visa when my partner apply for the carers visa 836 before having his assessement with bupa put apid the fee with bupa i recived a bridging visa a now he done the first assessment he only scored 15 points he has a lot of medical conditions then immigration asked him to do a reassessment which he done again but got a score of 20 points if he sends the results in to immigration could they decline my application or take in to count that he has a strong medical condition or would they grant it or not please i wait your reply


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## funinthesun (Feb 18, 2015)

merlinda20145 said:


> i mark ,
> i am applying for a carers visa 836 am on a toiurst visa when my partner apply for the carers visa 836 before having his assessement with bupa put apid the fee with bupa i recived a bridging visa a now he done the first assessment he only scored 15 points he has a lot of medical conditions then immigration asked him to do a reassessment which he done again but got a score of 20 points if he sends the results in to immigration could they decline my application or take in to count that he has a strong medical condition or would they grant it or not please i wait your reply


Hi merlinda20145, I'm not Mark and definitely not a MARA agent but we're applying for a carer visa at the moment too so I might be able to give some insights.

My understanding is that the person in need of care needs a score of at least 30 (which I read on a migration agent website, not the immigration department website, so that may not be the current number). This is based on the disability support pension impairment tables. To get the disability support pension, a person needs a score of at least 20. Note that for the disability support pension, a person needs to show they are unable to work, or be retrained for work, for 15 hours or more per week.

I'd be cautious about providing an assessment with a score of 20 as it is below the score required by immigration. Also, if the person in need of care got the disability support pension with a score of 20 they could still be considered as able to do 15 hours of work which may go against the case for needing assistance/care in practical aspects of daily life (at 15 they wouldn't even be eligible for a disability support pension which I imagine would strongly go against the case for needing care).

Like I said, I'm not an MARA agent so please take what I've said with a grain of salt. And please keep in touch with how your application is going. You're the only other person I've seen on this forum currently applying so might be good to share experiences.


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## funinthesun (Feb 18, 2015)

merlinda20145 said:


> i mark ,
> i am applying for a carers visa 836 am on a toiurst visa when my partner apply for the carers visa 836 before having his assessement with bupa put apid the fee with bupa i recived a bridging visa a now he done the first assessment he only scored 15 points he has a lot of medical conditions then immigration asked him to do a reassessment which he done again but got a score of 20 points if he sends the results in to immigration could they decline my application or take in to count that he has a strong medical condition or would they grant it or not please i wait your reply


Another thought... If it's your partner who needs care then why don't you apply for a partner visa? There are a whole bunch of other requirements for a partner visa but if you can satisfy those requirements then I'd say it is the easier visa to apply for (I've done one of these recently too). The carer visa has very strict requirements and you'll be waiting 4-5 years (or more!) for it to be granted. The partner visa is more expensive and requires a lot of effort but it should be approved in under 2 years.


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## merlinda20145 (Nov 3, 2014)

Hi there thanks for the imformation i like to let you know i o not rely on buppa i have complained 2 times now my medical condition is heart fauilure for the past 9 years , depression , stress , high blood pressure, 200/132 i have extreme sleep distorder ,mental functions , stroke, and have anger issues , hearing problems , walking problems , buttock problems , always have fuild on the lungs , cant left my elbow more than 30 degrees and i only scored 20 points second time round and 15 first time round i should have scored 30 if you read properly under the social sercuity act 1991 and st jan 2012 the real requirements are only pass mark of 20 points needed i cant be sure as i am still checking out but will get comfirmation today its not good so far i know but if all fails i have to go to the tribunal they can over turn any goverment department . i wait your reply

QUOTE=funinthesun;791849]Hi merlinda20145, I'm not Mark and definitely not a MARA agent but we're applying for a carer visa at the moment too so I might be able to give some insights.

My understanding is that the person in need of care needs a score of at least 30 (which I read on a migration agent website, not the immigration department website, so that may not be the current number). This is based on the disability support pension impairment tables. To get the disability support pension, a person needs a score of at least 20. Note that for the disability support pension, a person needs to show they are unable to work, or be retrained for work, for 15 hours or more per week.

I'd be cautious about providing an assessment with a score of 20 as it is below the score required by immigration. Also, if the person in need of care got the disability support pension with a score of 20 they could still be considered as able to do 15 hours of work which may go against the case for needing assistance/care in practical aspects of daily life (at 15 they wouldn't even be eligible for a disability support pension which I imagine would strongly go against the case for needing care).

Like I said, I'm not an MARA agent so please take what I've said with a grain of salt. And please keep in touch with how your application is going. You're the only other person I've seen on this forum currently applying so might be good to share experiences.[/QUOTE]


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## funinthesun (Feb 18, 2015)

merlinda20145 said:


> Hi there thanks for the imformation i like to let you know i o not rely on buppa i have complained 2 times now my medical condition is heart fauilure for the past 9 years , depression , stress , high blood pressure, 200/132 i have extreme sleep distorder ,mental functions , stroke, and have anger issues , hearing problems , walking problems , buttock problems , always have fuild on the lungs , cant left my elbow more than 30 degrees and i only scored 20 points second time round and 15 first time round i should have scored 30 if you read properly under the social sercuity act 1991 and st jan 2012 the real requirements are only pass mark of 20 points needed i cant be sure as i am still checking out but will get comfirmation today its not good so far i know but if all fails i have to go to the tribunal they can over turn any goverment department . i wait your reply
> 
> QUOTE=funinthesun;791849]Hi merlinda20145, I'm not Mark and definitely not a MARA agent but we're applying for a carer visa at the moment too so I might be able to give some insights.
> 
> ...


[/QUOTE]

I'm not a migration agent or a medical professional so I wouldn't want to comment on the specifics of your case. Have you had an ACAT assessment? I understand this is something the department usually requires. If you have, it would be interesting to understand the discrepancies between the impairment score and the ACAT assessment. Perhaps something to investigate?

I hope you've engaged a migration agent because the carer visa is a tough one. If you go to the tribunal a migration agent is even more necessary. All the best for your application. I hope it works out for you.


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## merlinda20145 (Nov 3, 2014)

hi to the person wanting to get a 8503 wavied , just letting you know i have been through a 8503 being wavied a fewyears back i was on a 3 month visa as a touirst and had a 8503 on it i had to apply to get it wavied due to my partner being very very ill i got a phone call asking a fewquestion then it was wavied to extend my visa for another 9 months with out a 8503 i was happy u really need a compelling circumtances to convince the department you want it wavied its very rare to get it wavied if you need more imformation you could ask your gp ok or ask me more ...


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## philipg (Dec 28, 2011)

Hi Mark

Thank you for all your immigration advice.

I'm an Aus citizen. 
My South African wife of nearly 3 years, is still on her 820 visa. 
We applied for her 801 in July 2015, now awaiting a response.
My wife's two children (my step-children) are living with us in Aus.

Her 31 year old son is currently on a student subclass 573 visa, 
having completed a Master's degree this month. 
While studying, he's worked part-time as an adult educator.
Her 24 year old daughter is here on a subclass 445, dependent child visa, an extension of my wife's 820.

Her son's student visa will expire in March 2016.
He wishes to stay in Australia and find employment in line with his qualification.
He's been offered sponsorship on a 457 with his current employer, 
but he wants to gain employment in his field of study (not education).

I'd like to know what his best option would be, so that he can stay in Australia.
He's considering applying for a subclass 485, temporary graduate visa or 
subclass 835, remaining family visa.
Considering the wait periods from time of application, he's in a time jam.

His only family is his mother (my wife) and sister.
As mentioned, we're all living together in my home.
All my children are Aus citizens, living in Au.

Your advice on this issue, will be greatly appreciated.

Thank you, Philip


----------

