# 56 years waiting time?



## MilenaS (Jan 12, 2016)

Is this real? Remaining relative visa processing time is 65 years?
Just got that information from immi info call. 

Skilled visas are also capped? Shows on immi website.
How about students visas? Are still open?

Any other options for brother/sister?


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## aussiesteve (Mar 16, 2012)

MilenaS said:


> Is this real? Remaining relative visa processing time is 65 years?
> Just got that information from immi info call.
> 
> Skilled visas are also capped? Shows on immi website.
> ...


At one stage they removed the visa altogether. 
Skilled visas are still an option despite being capped
Student visa are also an option but carry no guarantee of permanent residency.
What are you looking to achieve?


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## MilenaS (Jan 12, 2016)

Just my brother to be reunited with us, with his 3 yo son. 
Our parents are here, and there is no one else there. His wife left him with a child, and it is hard for him to look after.
Providing he is a cancer survival, with 80% of his bowells removed, otherwise a lowyer in profession. 
Could still work as one, or study law to adjust to Australian standards. 
If wife was not to leave him, it was not a question him moving over with us. 

Thank you for reply anyway. 
I don't really believe 56 years is a real estimate though. Those applicants would have died, or be 70-80 years of age if alive. Ready for relocation? New life? Don't think so.
At least it is not capped an I can try, alongside student visa or whatever comes first.


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## MilenaS (Jan 12, 2016)

Sorry lawyer, law - my English is limited


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## Lunabelle (Oct 5, 2015)

I believe lawyer / solicitor is in CSOL / SOL list. So try look at 189 / 190 visa. I don't know if it's capped; but at least it's a PR.


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## aussiesteve (Mar 16, 2012)

MilenaS said:


> Just my brother to be reunited with us, with his 3 yo son.
> Our parents are here, and there is no one else there. His wife left him with a child, and it is hard for him to look after.
> Providing he is a cancer survival, with 80% of his bowells removed, otherwise a lowyer in profession.
> Could still work as one, or study law to adjust to Australian standards.
> ...


The wait is all to do with the number of applications already infront of yours.
However in light of your mention of your brother's health issues I suggest you contact a Registered Migration Agent for advice regarding your brothers chances.


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## MilenaS (Jan 12, 2016)

Thank you for suggestion, I will try agent.

Yes, it is true, I also found this on the immigration website, which nails it:

"Based on current Planning Levels and the allocation of the majority of the Other Family places to the Carer visa category, it is currently estimated that Remaining Relative and Aged Dependent Relative visa applications that were lodged in 2014 and meet the criteria to be queued are likely to take approximately 50​ years to be released for final processing (calculated from 14 August 2014)."

There have been a reduction of number of visas per year - remaining relative, significant reduction. I hope this will change in the near future, because it is just quite ridiculous... I'd be dead after 56 years for sure


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## MilenaS (Jan 12, 2016)

I noticed that there is onshore version of the remaining relative. (835)

Does anyone, by any chance, know what the catch is? 
If the same rule applies to onshore applications? 
Then what? Sending applicants back home, or 50 years bridging visa?
I'd be happy if bridging visa.


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## firemansam (May 10, 2015)

50 year bridging visa with ZERO access to healthcare or any other benefits.
And you will need to get your brother and son here on a TV without the "no further stay" clause on the visa.
Considering how sick your brother has been in the past and a possible likely hood of the disease recurring would you be able to take the cost burden of treatment if the worst was to happen?
talking $100's of thousands of dollars if the worst was to happen.


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## MilenaS (Jan 12, 2016)

It is true, I don't kbow how to get away with the "no further stay", but I can try med insurance for the medical needs. 
The most important will be that we will spend the rest of life close enough to be together on holidays and any other time we have free. 
I haven't seen him in 15 years, and never seen my first and only nephew, so yes, bridging is a better option to me. 
I guess he won't need no other benefits untill I die - it will happen some time in 50 years. 
I guess


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## forumlurker (Mar 23, 2015)

MilenaS said:


> I don't really believe 56 years is a real estimate though. Those applicants would have died, or be 70-80 years of age if alive. Ready for relocation? New life? Don't think so.


The story of how it came to 56 years can be summarised to:

Abbott Government decided in 2014 to repeal certain family visa categories, leaving only contributory parent visas. ( Changes to Other Family and Non-Contributory Parent visas | Migration Blog )
Greens initiated disallowance motion forced the government to reinstate those visas. ( https://migrationalliance.com.au/im...e-saves-essential-family-and-carer-visas.html )
Abbott government struck back by reducing the number of visas allowed in those visa categories. Thus the very long wait time for those visas are made longer.

IMHO, that's a lot of change in governments in the meantime, and I have a feeling someone will be revisiting that issue someday in the future but it won't be under the current liberal government.

I do hope it will happen sooner rather than later myself. I will love to afford my parents the option to move to Australia in the future without being forced to fork out almost $100k for the privilege to do so or be stuck on a waiting list that they might not outlive.


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## wrussell (Dec 31, 2014)

When a class of visa is capped, it is supposed to be ceased - treated as if never made. Ceasing is selectively applied and many sub-classes are rolled over to the next financial year. Who is going to complain - you capped me but did not cease me?


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## wrussell (Dec 31, 2014)

> IMHO, that's a lot of change in governments in the meantime, and I have a feeling someone will be revisiting that issue someday in the future but it won't be under the current liberal government.


Labor is no better, and is arguably worse.



> I do hope it will happen sooner rather than later myself. I will love to afford my parents the option to move to Australia in the future without being forced to fork out almost $100k for the privilege to do so or be stuck on a waiting list that they might not outlive.


More than $100k when all ancillary costs are included.


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## wrussell (Dec 31, 2014)

MilenaS said:


> Just my brother to be reunited with us, with his 3 yo son.
> Our parents are here, and there is no one else there. His wife left him with a child, and it is hard for him to look after.
> Providing he is a cancer survival, with 80% of his bowells removed, otherwise a lowyer in profession.
> Could still work as one, or study law to adjust to Australian standards.
> ...


From what has been posted , it appears possible that here might well be a viable visa strategy available. May I suggest that you consult a registered migration agent for an opinion?


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## MilenaS (Jan 12, 2016)

Thank you, for your kind suggestion, Westly, 
This is what I am going to do.
Hope it works out for us.


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## MilenaS (Jan 12, 2016)

MilenaS said:


> Thank you, for your kind suggestion, Westly,
> This is what I am going to do.
> Hope it works out for us.


Further update of the situation. 
Brother and his son arrived on visitor, then applied for onshore remaining relative, as suggested. Bridging visa A (class WA), subclass 010 (no work condition) was issued and will be the visa to stay on after the visitor expires in few months.

Medicare eligible (as per Medicare website eligibility requirements)
Not eligible for any other government help, which is understandable.

Only one concern - the child care (preschool) will cost me $70 a day, or if I enroll early for kindergarten (age close to 5) it will cost me $5000 per year.
For now the child is home with my parents, while I work, and my children attend preschool and kindergarten. I've tried to enroll him, but had to consider the expenses. Given that this bridging visa may last a lifetime (50+ years), I don't know how to proceed - this child is in a loophole, and I have no idea how to solve the problem.

I will be talking to the school on Monday, but also wanted to ask if anyone may have been in a similar situation, or anyone that knows any solutions of this problem. I really can support my brother and his son, as for food and home, there is no problem, but I never had the idea that the school is going to cost me more than my both other children together, and I don't know where and who to ask for help.

I will be grateful for any ideas.


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## wrussell (Dec 31, 2014)

Where do you live?


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## MilenaS (Jan 12, 2016)

South-West Sydney


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## LittleOne (Aug 22, 2015)

I would look into moving to Victoria....as my children attended public (government) school in VIC on a bridging visa and it was free (other than the cost of school supplies, uniforms). As far as I know...NSW has steep fees for out of country children. Someone can correct me if I am wrong here...


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## wrussell (Dec 31, 2014)

MilenaS said:


> South-West Sydney


From what you have posted, NSW school fees are not payable.


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## MilenaS (Jan 12, 2016)

Thank you for your quick reply wrussell

http://www.detinternational.nsw.edu.au/media-assets/trp/fees.pdf
This is what the official edu website says ⬆
Some visas can apply for exemption, which saves me partially.
Full list of visas, eligible for exemption - http://www.detinternational.nsw.edu.au/media-assets/trp/visa-subclasses.pdf

Only need to prove low income, which is easy with 'no work' condition
Visitor visas however are not eligible (respectfully) and we need to wait till it expires in few months. The child will lose few months, but after, fingers crossed, will try to apply. &#129310;

Should have accepted bridging visa from the day it was issued like medicare did - we are talking about children here, they can not stand up for their rights for school access, regardless parents income. 
But maybe I am wrong, not sure


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## wrussell (Dec 31, 2014)

> Only need to prove low income


Not so. From what you posted, income is not a criterion in your case.

Bear in mind that the minister can 'cap and cease' any visa classs at any time.

*In one of her last acts as assistant immigration minister, Michaelia Cash ruled that an annual cap of 284 places for three types of skilled migration visas had been reached, and all outstanding applications "are taken not to have been made.*

This has happened before and is what immigration are inclined to do when the senate disallows the removal of a visa class or they just get their necks in knot.

*MIGRATION ACT 1958 - SECT 39
Criterion limiting number of visas

(1) In spite of section 14 of the Legislation Act 2003 , a prescribed criterion for visas of a class, other than protection visas, may be the criterion that the grant of the visa would not cause the number of visas of that class granted in a particular financial year to exceed whatever number is fixed by the Minister, by legislative instrument, as the maximum number of such visas that may be granted in that year (however the criterion is expressed).

(2) For the purposes of this Act, when a criterion allowed by subsection (1) prevents the grant in a financial year of any more visas of a particular class, any outstanding applications for the grant in that year of visas of that class are taken not to have been made. *

I have no knowledge of any plans to cap and cease any more visa classes, but if a 50+ year processing time does not deter pesky applicants, I would not put it past them.

Best of luck with whatever you decide to do.


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