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DTAV

Waive off No further stay for my mum

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Hello All,

I need some of your opinions on my mums visa and the best direction to move forward.

I m on a Skilled regional sponsored visa and my sister is an Australian citizen and my mum is on a sponsored tourist visa but she has the dreaded no further stay condition on her visa.

We were planning to apply for the parent visa when she is here but now that's out of the window.

 She is over 75 years of age, widowed and I and my sister are the only siblings in our family and she is also suffering from Diabetes. There is no one (except my mum's sisters who lives back in my home counter, who are also old) to look after her when she returns to my home country. Her current visa is valid for 3 years and 2 years remains on the visa.

1. Would we be able to apply for a No further stay waiver and get a good outcome?

2. What would be the best and quickest way to get a permanent visa for my mum so we can look after her.

Many thanks,

DTAV

 

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12 minutes ago, DTAV said:

Hello All,

I need some of your opinions on my mums visa and the best direction to move forward.

I m on a Skilled regional sponsored visa and my sister is an Australian citizen and my mum is on a sponsored tourist visa but she has the dreaded no further stay condition on her visa.

We were planning to apply for the parent visa when she is here but now that's out of the window.

 She is over 75 years of age, widowed and I and my sister are the only siblings in our family and she is also suffering from Diabetes. There is no one (except my mum's sisters who lives back in my home counter, who are also old) to look after her when she returns to my home country. Her current visa is valid for 3 years and 2 years remains on the visa.

1. Would we be able to apply for a No further stay waiver and get a good outcome?

2. What would be the best and quickest way to get a permanent visa for my mum so we can look after her.

Many thanks,

DTAV

 

Welcome to the Australian Visa Forum,

Condition 8503 is a mandatory condition that MUST be imposed on a sponsored family visitor visa. It was always going to be a condition of her visa.

To get a waiver of Condition 8503 she must be able to show (evidence) that since she was granted the visa that was subject to the condition 8503, compelling and compassionate circumstances have developed over which she had no control, that has resulted in a major change to her circumstances. 

 In the first instance can I ask whether there have been any compelling and compassionate circumstances that have arisen since she was granted the sponsored family visitor 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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Hello AFV,

Thanks for the prompt response and happy to be here.

There have been no such circumstances arisen since the visa has been granted, except the fact that she will have no one to look after and no place of her own to stay (except her relative's homes)  back in my home country, given her age and medical conditions this will be tough for her.

I do understand that this is a tough nut to crack so if the possibilities of waiving off the condition are low what would be our best options, apply for contributory parent visa while she id offshore perhaps?

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Thanks for the reply Nightcall.

One question though, once lodging for the contributory parent visa will she be able to use the existing visa and come to Australia? Will the existing visa be cancelled? 

I  don't want her to be alone in my home country until the contributory visa has been granted.

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Yes she will be able to use the tourist visa.

For your information the current processing time for the visa is about 4 1/2 years and it costs $47,455 + a $10,000 bond.

You must be outside Australia to apply and when/if its granted. 

Also due to your mother's diabetes I would look careful at the health requirements as she may (depending on the diabetes) not meet the health requirements. 

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