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Title: UK State Pension
Description: going out on a Contributory Parent Visa


toontoon - February 10, 2007 04:42 PM (GMT)
Hi.

Can anyone tell me if my parents were to come out to live on a CPV would they be entitled to an Australian State Pension?

What happens to the UK state pension that they receive at the minute, would that just "die" when they came out to live?

Can anyone see a way around this as without a pension of some sort they would not be able to come out and live? is there any other type of visa I should be looking into.

Many thanks

grayling - February 10, 2007 04:54 PM (GMT)
QUOTE (toontoon @ Feb 11 2007, 01:42 AM)
Hi.

Can anyone tell me if my parents were to come out to live on a CPV would they be entitled to an Australian State Pension?

What happens to the UK state pension that they receive at the minute, would that just "die" when they came out to live?

Can anyone see a way around this as without a pension of some sort they would not be able to come out and live? is there any other type of visa I should be looking into.

Many thanks

They will not get an Australian state pension. (they may be entitled after 10 years I think).

They can continue with their UK state pension but it will be frozen at the level it is at at the time they leave the UK.

The only other visa options are the non contributory parent visa which has a waiting time of 12-15 years or a retirement visa.

The retirement visa requires an investment of well over $600000, and no access to medicare and limited work rights.... if they could afford a retrirement visa then they would not need to worry about a pension.

There is no visa that will give them an income so they may as well go for the CP visa which, at least gives them the right to work and access to medicare.

G

toontoon - February 10, 2007 05:00 PM (GMT)
QUOTE (grayling @ Feb 11 2007, 01:54 AM)
QUOTE (toontoon @ Feb 11 2007, 01:42 AM)
Hi.



They can continue with their UK state pension but it will be frozen at the level it is at at the time they leave the UK.

Thanks Grayling

What does this mean? they can still get it but wont get any increases or will lose it when they leave the country?

thanks

grayling - February 10, 2007 05:02 PM (GMT)
QUOTE (toontoon @ Feb 11 2007, 02:00 AM)
QUOTE (grayling @ Feb 11 2007, 01:54 AM)
QUOTE (toontoon @ Feb 11 2007, 01:42 AM)
Hi.



They can continue with their UK state pension but it will be frozen at the level it is at at the time they leave the UK.

Thanks Grayling

What does this mean? they can still get it but wont get any increases or will lose it when they leave the country?

thanks

They will get it but it will remain at the level it is when they leave the UK.

Are you aware of the fees for a CPV?

I am assuming you pass the balance of family test?

G

toontoon - February 10, 2007 05:13 PM (GMT)
Hi

Yes I am aware of the costs. About £30k for the pair of them?

Dunno about the balance of family. What is that. I have hubby and 2 kids and hubby's job is on the shortage list

grayling - February 10, 2007 05:19 PM (GMT)
QUOTE (toontoon @ Feb 11 2007, 02:13 AM)
Hi

Yes I am aware of the costs. About £30k for the pair of them?

Dunno about the balance of family. What is that. I have hubby and 2 kids and hubby's job is on the shortage list

Do your parents have any other children and, if so, where do they live?

They must have at least half their children living in Australia or more in Australia than any other country.

If they do not pass this then any parent visa is out of the question.

G

toontoon - February 10, 2007 05:32 PM (GMT)
Hi Grayling


I am an only child.

me hubby and 2 kids (6&8) want to go out on a skilled visa (as hubby is on shortage list) My parents who are 66 and 70 want to come too. I have looked in to this and think that the only option is for them to come out on a CPV once we have become PR and can sponsor them.

Idealy we want to go out as a family together (not to live together). So I am hoping when we decide to go out and live, parents come on a temp visa then try to get it extended for 12 months so we can in effect "all go out together" Any suggestiosn as a better way to do this?

Thanks for your advice

grayling - February 10, 2007 05:38 PM (GMT)
QUOTE (toontoon @ Feb 11 2007, 02:32 AM)
Hi Grayling


I am an only child.

me hubby and 2 kids (6&8) want to go out on a skilled visa (as hubby is on shortage list) My parents who are 66 and 70 want to come too. I have looked in to this and think that the only option is for them to come out on a CPV once we have become PR and can sponsor them.

Idealy we want to go out as a family together (not to live together). So I am hoping when we decide to go out and live, parents come on a temp visa then try to get it extended for 12 months so we can in effect "all go out together" Any suggestiosn as a better way to do this?

Thanks for your advice

OK...your parents will pass the balance of family test.

You need to be settled for 2 years to sponsor and to provide 2 years tax returns and a minimum level of income in order to act as assurers.

Your parents would also need to pass the medicals and police checks.

Extending visitor visas may not be that easy as DIMA are very wary of people trying to stay in Australia on tourist or visitor visa....you may need further advice on this.

There are not really any other visa options open to you.

I have a CP visa.

Good luck

G

toontoon - February 10, 2007 06:00 PM (GMT)
Ok So just to clarify.

PArents would be able to claim their UK pension when they go to OZ to live but they would only be able to get what they get per month now?

They would be able to come out on a temporary visa for 6 months, maybe squeeze it to 12 months? but have to come to uk to renew visa?

How quickly would they be able to renew their visa? ie could they live in oz on a 12 month temp visa, visit uk for 3 weeks then return back to oz for another 12 motnhs?
Just found this snippit:

Temporary Long Stay Visitor Visa for Australia: Subclass 686:

Visas under this category are usually granted for a period of longer than 3 months however they are generally granted with a stay of 6 months and can be extended for a period of 12 months in certain circumstances.

This visa can be granted for single or multiple entries.

This visa may only be extended past a 12 month period in exceptional circumstances

Have I got this info correct?

thanks

grayling - February 10, 2007 09:26 PM (GMT)
Basically correct.

However Dima may look closely at someone trying to renew a visitor's visa for such a length of time....they can refuse further entry at any point....you will have to try and see.

They would not have to return to the UK simply be out of the country.

Bear in mind that the CP visa will takes 12-15 months after you are able to sponsor....this would make it about 3 and a half years from when you move. I doubt very much if your parents would be allowed to stay for that period of time an a visitor visa...be careful.

In any case they would have to be out of the country for the visa to be granted.

G

Steph - February 11, 2007 09:22 AM (GMT)
Hmmm.....how would the balance of family test work if a parent lives in Northern Ireland, has three children - one in Australia, one in England and one in America???

STEPH

grayling - February 11, 2007 09:26 AM (GMT)
QUOTE (Steph @ Feb 11 2007, 06:22 PM)
Hmmm.....how would the balance of family test work if a parent lives in Northern Ireland, has three children - one in Australia, one in England and one in America???

STEPH

Edit....just checked this.

DIMA state that MORE children must be living in Australia than any other othet single country.

Or at least half the children are living in Australia.


http://www.immi.gov.au/media/fact-sheets/31parents.htm#c

Given the above I am not sure.



G

toontoon - February 14, 2007 04:28 PM (GMT)
so in "theory".
They could risk it all and come out with us but they would have to come oout on a 3 month temp visa, get it extended to 6 months, go to singapore for a holiday, apply for a new visa, then come back, apply for 6 months again and so on and so on for 3 years?

This should work in theory?

My parents "touch wood" are in reasonable good health at the minute but what would it take them to fail the medical? what kind of things do they "fail" them on?

grayling - February 14, 2007 08:07 PM (GMT)
QUOTE (toontoon @ Feb 15 2007, 01:28 AM)
so in "theory".
They could risk it all and come out with us but they would have to come oout on a 3 month temp visa, get it extended to 6 months, go to singapore for a holiday, apply for a new visa, then come back, apply for 6 months again and so on and so on for 3 years?

This should work in theory?

My parents "touch wood" are in reasonable good health at the minute but what would it take them to fail the medical? what kind of things do they "fail" them on?

In theory it should work....but don't be surprised if, at some point, immigration refuse entry.

They do not like people trying to live in Australia without a residency visa.

Save any potential hassle and go for a proper visa...it is not worth the risk that they will be turned away especially if they are not prepared, or able, to return to the UK.

The medicals are exactly the same as for any other PR visa.

G




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