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Hello, I am an Australian citizen currently living with my American husband in Pennsylvania. 

I was assessed before I came to the USA ( 5 yrs ago) and put on a permanent australian disability support pension. I was assessed by an independent team centerlink contracted (who I think may have been bupa before they changed their name) even while abroad I receive government assistance from Australia. Permanent disability means I do not have to re apply every few years or lodge any regular forms.

I have had my green card for a little over 3 yrs now but I'm finding my health issues declining and I'm needing more and more help. I've decided I need to return to Australia permanently as I can't afford medical treatment here and being on a sponsored Visa i can't get help from social security for anything.

My husband is my soul caregiver,  I have no family in Australia who are able care for me. I need daily help just to shower and get dressed. My husband does all the shopping,  cleaning and has to take time off work most days to bring me lunch or to check on me because I've not answered the phone and yes his boss isn't happy about him needing more and more time off.

We are looking at applying for the subclass 836 but I'm told it's not as simple as it sounds but no Visa is simple!

Getting a sponsor for my husband isn't an issue, if I don't qualify. 

Does anyone know what our chances of being approved for an 836 would be? Is there better option for us?

All I know is I am dependent on him, I can't even make the flight home to Australia without him being there to helping me, many times just getting out of my seat I'll need assistance and honestly going to the lavatory during the flight, little easier when he is standing outside the door ready to assist me!. I'm not looking for a cheap Visa I'm looking for my best option that allows my husband to be with me and be able to continue looking after me. I'm only 43 I'm not ready for a nursing home!

Please help!!

 

 

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Welcome to the Australian Visa Forum,

You have obviously done some background research in relation to the subclass 836 carer visa. This visa allows for a relative to care for someone with a long-term medical condition who does not have reasonable access to care options in Australia (not be able to get the care they need from another source in Australia). Be aware that this visa is subject to capping and queuing and there can be a wait time of up to 5 years. 

Have you considered a partner visa?

 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Just adding my bit too. The Migration Regulations (Schedule 2 Criteria) provide that the sponsor be a "settled Australia citizen and usually resident in Australia". Given that you have resided in the US for the past 5 years this may be an obstacle.   


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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Hi AFV thank you for your reply!

Wow! 5 years! I was under the impression the 836 wasn't subjected to the cap. Thank you for pointing this out. As we'd apply once in Australia would he be restricted from staying in Australia and or working during that 5 years?

I guess what I'm really trying to find out is what do they class being able to find reasonable care for myself in Australia? 

I'd need to hire a full time live in carer ( remember I'll only have my pension as income) or live in a nursing home? Where can I find out what they class as reasonable for my situation?

Doesn't a partner Visa have long processing times ?  Finding $7500 would take us some time to come up with, how much is paid when you submit a partnered Visa application?

Edited by Aussie1

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2 minutes ago, Bridge said:

Just adding my bit too. The Migration Regulations (Schedule 2 Criteria) provide that the sponsor be a "settled Australia citizen and usually resident in Australia". Given that you have resided in the US for the past 5 years this may be an obstacle.   

My parents or my uncle are willing to be sponsor if I don't meet requirements. 

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1 hour ago, Aussie1 said:

As we'd apply once in Australia would he be restricted from staying in Australia and or working during that 5 years?

You would get a bridging visa A, conditions from his visa before (ie a tourist visa) would carry over to the BVA, to leave the country you would have to get a bridging visa B.

1 hour ago, Aussie1 said:

I guess what I'm really trying to find out is what do they class being able to find reasonable care for myself in Australia?

Depends on your medical condition and individual situation. 

1 hour ago, Aussie1 said:

Where can I find out what they class as reasonable for my situation?

You won't find it anywhere its assessed per case. 

1 hour ago, Aussie1 said:

Doesn't a partner Visa have long processing times ?

Yes but less generally then 836 visas.

Carers visa (836) aren't generally for partners as such, more for other family members, hence the restrictions and the difficulty getting them.

I know $7500 may seem a lot and you may not have it, but in the end it would be far less stressful and easiest route to go down rather then trying to circumvent it to save money. 

1 hour ago, Aussie1 said:

My parents or my uncle are willing to be sponsor if I don't meet requirements

They can't sponsor your husband unless they live with you. 

 

 

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3 hours ago, Aussie1 said:

Hi AFV thank you for your reply!

Wow! 5 years! I was under the impression the 836 wasn't subjected to the cap. Thank you for pointing this out. As we'd apply once in Australia would he be restricted from staying in Australia and or working during that 5 years?

I guess what I'm really trying to find out is what do they class being able to find reasonable care for myself in Australia? 

I'd need to hire a full time live in carer ( remember I'll only have my pension as income) or live in a nursing home? Where can I find out what they class as reasonable for my situation?

Doesn't a partner Visa have long processing times ?  Finding $7500 would take us some time to come up with, how much is paid when you submit a partnered Visa application?

2

Just in relation to the reasonable care, you might want to take a look at Regulation 1.15AA of the Migration Regulations which provides that the care cannot reasonably be provided by any other relative of the resident or obtained from welfare, hospital, nursing or community services in Australia. Whilst I certainly cannot advise you on your husbands' eligibility for a carer visa, I totally agree with Nightcall that the much preferable pathway would be a partner visa. 

With regards to the visa fee for the partner visa, it does have to be paid in full at time of application.

I am assuming your partner is a US citizen. If that is the case, depending on his circumstances, he may qualify for an ETA (Electronic Travel Authority). If so, he could travel to Australia on that visa. Condition 8503 cannot be imposed on an ETA, which means he would be able to apply for another visa whilst in Australia, including a partner visa. During the processing of the partner visa he would be able to remain lawfully in Australia on the bridging visa A which has been covered above in Nightcalls post. 

 


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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53 minutes ago, AFV said:

Just in relation to the reasonable care, you might want to take a look at Regulation 1.15AA of the Migration Regulations which provides that the care cannot reasonably be provided by any other relative of the resident or obtained from welfare, hospital, nursing or community services in Australia. Whilst I certainly cannot advise you on your husbands' eligibility for a carer visa, I totally agree with Nightcall that the much preferable pathway would be a partner visa. 

With regards to the visa fee for the partner visa, it does have to be paid in full at time of application.

I am assuming your partner is a US citizen. If that is the case, depending on his circumstances, he may qualify for an ETA (Electronic Travel Authority). If so, he could travel to Australia on that visa. Condition 8503 cannot be imposed on an ETA, which means he would be able to apply for another visa whilst in Australia, including a partner visa. During the processing of the partner visa he would be able to remain lawfully in Australia on the bridging visa A which has been covered above in Nightcalls post. 

 

Thank you AFV and Nightcall, I really appreciate you taking the time to answer.

I am following your advice and have started looking at the 820 

Yes my husband is American citizen,  has been to Australia on a ETA before and was granted an extension and definitely no issues regarding a 8530 . Our only negative for our situation would be we don't have a savings account with emergency funds, I do however have an awesome family!

I'm going to have a few questions on the 820 as I research further but I'll make a new post under the 820 area if I can't find the answer in the forums. I'm waiting on a response from bupa,  if I get anything interesting I'll share for others.

I've read it's been said before on here that aust immigration website is the worst! I've done the Australia to America fiancee Visa onto green card and all I can say is aust Gov needs to go check out and take a few pages ( lol literally) from the NSA website.

Also thanks for the link for migration regulations, after so many different searches,  one goes blank on what to ask Google next, Haha yes I am once again going insane thanks to immigration! I'm certainly going to check it out the link, plz share any links I may need at me. ( sorry I feel like singing " here we go again ")

Thank goodness for you guys!! Seriously! ❤️  y'all awesome thank you. I actually found this group whilst researching our first immigration process and found all the answers I needed without posting so yep I came looking for it again. :)❤️

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Thanks Aussie 1 we are more than happy to help here. By all means if you have any questions regarding the 820 & 801 process just start a new thread.


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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3 hours ago, Nightcall said:

They can't sponsor your husband unless they live with you.

Thanks Nightcall,  they certainly don't tell you this one on the website either, tho we are moving in with my parents for 6 to 12 months so we may possibly have worked around that. Still great info to know! Really appreciated. ❤️

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2 minutes ago, Aussie1 said:

Thanks Nightcall,  they certainly don't tell you this one the website either, tho we are moving in with my parents for 6 to 12 months so we may possibly have worked around that. Still great info to know! Really appreciated. ❤️

The only thing you can rely on from the Department of Home Affairs website is getting 404 Errors. If this was the private sector heads would roll and people would be sacked.

Screen Shot 2019-01-07 at 5.54.34 pm.png


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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1 minute ago, AFV said:

The only thing you can rely on from the Department of Home Affairs website is getting 404 Errors. If this was the private sector heads would roll and people would be sacked.

Screen Shot 2019-01-07 at 5.54.34 pm.png

Ain't that the truth.

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The best source of information is to go directly to the Migration Act and Regulations. Once you know the class and subclass of visa you want to apply for, you can check the requirements for making a valid application in Schedule 1 of the Migration Regulations which provides for the class of visas.

The criteria that must be satisfied at time of application and decision can be found in Schedule 2 of the Migration Regulations which has the different subclasses of visas.

For example a carer visa.

Onshore

Class BU (Residence) / Subclass 836 

Offshore

Class BO (Migrant) / Subclass 116


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Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

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52 minutes ago, Bridge said:

The best source of information is to go directly to the Migration Act and Regulations. Once you know the class and subclass of visa you want to apply for, you can check the requirements for making a valid application in Schedule 1 of the Migration Regulations which provides for the class of visas.

The criteria that must be satisfied at time of application and decision can be found in Schedule 2 of the Migration Regulations which has the different subclasses of visas.

For example a carer visa.

Onshore

Class BU (Residence) / Subclass 836 

Offshore

Class BO (Migrant) / Subclass 116

Nice! Thank you so very much.

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3 hours ago, Aussie1 said:

They do but they don't to be honest. The only MUST live with stated is the " applicatants's relative's partner must live with the relative  "   otherwise it says "provide housing "

You haven’t read the whole thing, you need to read the information very carefully as it can be confusing, in fact you are reading the wrong part.   

You asked if your parents or uncle can be the sponsor.

To be a sponsor;

You must be the applicant's near relative or relative (the applicant is your husband)

Near relative is :

·         parent or step-parent of the applicant

·         partner's parent or step-parent of the applicant

·         sibling or step-sibling of the applicant

·         child or stepchild who is 18 or older and not dependent on you of the applicant

·         child or stepchild who is under 18 and not in your or your partner's daily care and control of the applicant

A relative is:

·         your partner, child, parent, brother, sister, stepchild, step-parent, stepbrother or stepsister of the applicant

·         your grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent of the applicant

 

You meet the definition of relative (of the applicant)

Your parents meet the definition of Near relative (of the applicant),

Your uncle/s don’t meet the definition of either.

 

So far this means your parents can be the sponsor, but they must meet this next condition also.

 

The Sponsor (your parents), or a family member who lives with them (you if you live with them), must be assessed by Bupa Medical Visa Services as having a medical condition which meets the requirements.

Hence why it requires that you live with them.

A carers 836 visa is a very hard and complex visa to apply for and get, it’s not meant for people trying to circumvent the partner visa application fee which is what you are trying to do.

It’s not the appropriate visa for you and your husband to be applying for and it would be ill-advised to do so.

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Thanks but I can assure you I wasn't trying to circumvent anything! I am an Australian citizen by birth, I am on a disabled pension and was assessed 5 yrs ago for permanent disabilities. I had good reason to be researching the 836. Sorry some of us find the information hard to find or understand. 

I thank you all for very helpful information, we are going for the 820.  Cheers. 

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On 1/8/2019 at 5:16 PM, Aussie1 said:

Thanks but I can assure you I wasn't trying to circumvent anything! I am an Australian citizen by birth, I am on a disabled pension and was assessed 5 yrs ago for permanent disabilities. I had good reason to be researching the 836. Sorry some of us find the information hard to find or understand. 

I thank you all for very helpful information, we are going for the 820.  Cheers. 

@Aussie1,

IMHO, but considering I do not know your specific medical care needs, 836's are **generally** complex, lengthy and have the highest rejection rate of all permanent visa's.  AFV worded it well, and I paraphrase, only when your specific care needs CANNOT be readily and easily delivered by any of the various Commonwealth, State and Local care providers, only then, do you have a case for a 836.  A recent example I saw, that was granted a 836, was for an individual, suffering from a severe and chronic illness, who resides in a remote rural area, with limited access to the needed medical care.  In this case an 836 was granted for their partner, who had the required training and experience (documented) to provide the required care.

I would definitely look to the partner visa streams.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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2 hours ago, AussieDude said:

@Aussie1,

IMHO, but considering I do not know your specific medical care needs, 836's are **generally** complex, lengthy and have the highest rejection rate of all permanent visa's.  AFV worded it well, and I paraphrase, only when your specific care needs CANNOT be readily and easily delivered by any of the various Commonwealth, State and Local care providers, only then, do you have a case for a 836.  A recent example I saw, that was granted a 836, was for an individual, suffering from a severe and chronic illness, who resides in a remote rural area, with limited access to the needed medical care.  In this case an 836 was granted for their partner, who had the required training and experience (documented) to provide the required care.

I would definitely look to the partner visa streams.

Yes we are taking everyone's advice for sure. I'm truly glad I asked, I see what the carers visa is about now, guess because of the actual carers pension I thought maybe the visa was linked to it some how, I was very wrong!  Thanks guys god knows how much time and money we have could have wasted. Appreciated! Cheers 

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If your partner can secure a PR.  They are then entitled to APPLY for a carers pension.

I try to not give 'recommendations'.  But based on what you have shared, a 836 is highly unlikely.  Go the PMV path.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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35 minutes ago, AussieDude said:

If your partner can secure a PR.  They are then entitled to APPLY for a carers pension.

I try to not give 'recommendations'.  But based on what you have shared, a 836 is highly unlikely.  Go the PMV path.

Interesting!  Please excuse my lack of knowledge,  PR stands for? PMV obviously Partner Married Visa? 

I thought one couldn't claim any gov benefit for 2 years or sponsors may have to pay it back?

We've hit a little delay on our plans but I will post in appropriate area for more questions about the 820.

I'm seriously learning so much from you all, I can't thank you enough. Would love to buy you all a beer one day.. :)

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PR = Permanant Residency

PMV prospective Marriage Visa.

Carers benefits are available to PR holders and citizens.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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5 hours ago, AussieDude said:

Carers benefits are available to PR holders and citizens.

There are new waiting periods that apply since 1 January 2019

https://www.dss.gov.au/living-in-australia-and-overseas/updates

Changes to waiting periods for migrants from 1 January 2019
Waiting times for new migrants to access certain Australian welfare payments have changed. Most migrants granted permanent residency from 1 January 2019 must wait up to four years before they can access certain welfare payments and concession cards. This period is called the Newly Arrived Resident’s Waiting Period (NARWP).

The length of the NARWP varies depending on payment type.

From 1 January 2019, it is:

four years for working age payments (e.g. Newstart Allowance) and concession cards (e.g. the Low-Income Health Care Card)
two years for Carer Payment
two years for Parental Leave Pay and Dad and Partner Pay
one year for Carer Allowance, and
one year for Family Tax Benefit Part A, with no waiting period for Family Tax Benefit Part B.
Only people granted a permanent visa, or temporary partner visa, on or after 1 January 2019 are affected by the new waiting periods. Migrants granted a permanent visa before 1 January 2019 are not affected and are subject to the previous rules of a two year NARWP for certain payments.

People on a Special Category Visa, Remaining Relative or Orphan Relative visas are also excluded from these changes and will continue to be subject to the previous waiting period rules.

A range of exemptions will be maintained to enable appropriate protections for potentially vulnerable migrants

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8 hours ago, Nightcall said:

There are new waiting periods that apply since 1 January 2019

https://www.dss.gov.au/living-in-australia-and-overseas/updates

Changes to waiting periods for migrants from 1 January 2019
Waiting times for new migrants to access certain Australian welfare payments have changed. Most migrants granted permanent residency from 1 January 2019 must wait up to four years before they can access certain welfare payments and concession cards. This period is called the Newly Arrived Resident’s Waiting Period (NARWP).

The length of the NARWP varies depending on payment type.

From 1 January 2019, it is:

four years for working age payments (e.g. Newstart Allowance) and concession cards (e.g. the Low-Income Health Care Card)
two years for Carer Payment
two years for Parental Leave Pay and Dad and Partner Pay
one year for Carer Allowance, and
one year for Family Tax Benefit Part A, with no waiting period for Family Tax Benefit Part B.
Only people granted a permanent visa, or temporary partner visa, on or after 1 January 2019 are affected by the new waiting periods. Migrants granted a permanent visa before 1 January 2019 are not affected and are subject to the previous rules of a two year NARWP for certain payments.

People on a Special Category Visa, Remaining Relative or Orphan Relative visas are also excluded from these changes and will continue to be subject to the previous waiting period rules.

A range of exemptions will be maintained to enable appropriate protections for potentially vulnerable migrants

@Nightcall, TY good clarification.


 

 

Disclaimer:

Makes me sick, in the fact that I must include a disclaimer. All opinions, advice and comments expressed by me are of my own personal opinion, and not that of a Immigration Agent, Lawyer, or related professional. They are given in the spirit intended, as an independant contributor, to a public forum. No implied, or expressed guarantee or undertaking as to accuracy or relevance is given.

 

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