# Visa 804



## AUDREYPET (Aug 5, 2011)

Hi Everyone, i am a newbie, but i am hoping someone can ansewer my question.
I live in scotland, united kingdom.
my son has lived in N.S.W. australia for 7 years, my daughter has just got her visa to emigrate, she is going in january next year, 
i am wanting to know how long do we ( mam 58 and dad 65) have to wait before we can apply on a visa 804 to emigrate.
any information will be most welcome.

thanks
audrey


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## Guest (Aug 6, 2011)

Your son can sponsor you now, with dad as main applicant so long as your daughter is there as PR and you meet the balance of family test. 

BUT you do know this visa has a waiting list of 10+ years?


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## AUDREYPET (Aug 5, 2011)

Hi Shel, so are you saying that we can apply for visa 804 as soon as our daughter is in australia. we thought we had to wait two years before we could apply we also have another son her in the u.k.
thanks
audrey


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## Guest (Aug 6, 2011)

So long as the son who is 'settled' is the sponsor and the daughter has migrated and not there as a TR yes. Balance of Family Test

You only have the 3 kids? 2 will be in Aus 1 in the UK?


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## AUDREYPET (Aug 5, 2011)

Hi sorry to labour the point but is our daughter not classed as a temporary resident until she has cmpleted two years, I would hate to have an application thrown out because at the time although she was living there on a permanent visa that she had not been living there long enough to be considered a permanent resident. I have tried asking Au Immi but the reply I get back is inconclusive. There does seem to be a waiting time after she has entered the country and being considered an Australian resident 
Unfortunately we have little money available other than my husbands pensions so I can only see an 804 or a 103 as options, is the 804 the quicker of these two options?

thanks Audrey


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## Guest (Aug 6, 2011)

Is your daughter going over on a PR visa? If so she is not a temp resident until she has completed 2 yrs, she is PR straight away and resident from the minute she migrates. If she were to be the one sponsoring you immediately then yes you might make an incorrect application but she wouldnt be the one sponsoring, your son who has been there 7 yrs would be & he is well & truly settled after that time. BUT I dont know where you are getting this info & the 2 yrs from. 

Where does it specify 2 yrs. It says 'settled' which is something entirely different. You can be settled in a few months if you have bought a house, sold UK house, got a job in Aus, starting a family etc etc etc. 

Sounds to me like you need a migration agent. https://www.mara.gov.au/

I wouldn't be even phoning DIACs very expensive phone line to ask them questions. They are not migration agents and are NOT specialists in the law. They are government clerks who process visas following crib sheets! They frequently give out the wrong information, including trying to tell me I was our sons sponsor when thats impossible as I'm only TR, my hubby is a citizen! I had to point them in the right direction. Anyway............

The 103 is non contributory so yes, you are looking at 10+ years for that. The only way to get it quicker is to go the contributory route and even that could take a few years.


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## AUDREYPET (Aug 5, 2011)

Hello our daughter is going on a 176 it was granted yesterday and she is hoping to go early January. I recall reading somewher or it may have been something my son in Au said about you not being settled until two years had passed.
What are the differences between an 804 and a 103 in terms of waiting times, I already know the financial differences.
I don't want to use an Immi agent we would do this ourselves. We did our daughters visa application ourselves and it is only form filling the information that you have already gathhered an seemed straight forward.
With 2/3rds of our offspring over there and all our grandchildren we are naturally keen to be there hopefully I won't die first. I would really like to see the grand children grow and for them not to be adults by the time we got there.

Thanks Audrey


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## AUDREYPET (Aug 5, 2011)

I got this of the Au Immi site about visa 804 and this is the two years that I reffered to:-
Who is this visa for?
"This visa is for you if you are an elderly parent of a child or stepchild who, at the time the visa application is lodged, is 'settled' and either an Australian citizen, permanent resident or eligible New Zealand citizen. This means your child must have been lawfully resident in Australia for a reasonable period, normally two years, although a shorter period can be considered for Australian citizen children if there are compelling and compassionate circumstances."

thanks Audrey


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## Guest (Aug 6, 2011)

AUDREYPET said:


> I got this of the Au Immi site about visa 804 and this is the two years that I reffered to:-
> Who is this visa for?
> "This visa is for you if you are an elderly parent of a child or stepchild who, at the time the visa application is lodged, is 'settled' and either an Australian citizen, permanent resident or eligible New Zealand citizen. This means your child must have been lawfully resident in Australia for a reasonable period, normally two years, although a shorter period can be considered for Australian citizen children if there are compelling and compassionate circumstances."
> 
> thanks Audrey


 Yes that would be your sponsor, your son, who needs to be settled. Diac say 'usually 2 years' but not must, a person can be settled within months but that doesn't matter as he has been there 7 years. 

Your other children, which help you meet the balance of family test, who are not your sponsors, need to be resident with PR. 

keep reading the Parent Visa Booklet over & over until you understand it all before making your application if doing it yourself. 

Waiting Times


That is unless for some reason you want your daughter to be your sponsor and not your son. In which case you would have to wait until she is settled.


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## AUDREYPET (Aug 5, 2011)

Hello can my son who has already sposored my daughter also sponsor us at the same time?
thanks Audrey


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## Guest (Aug 6, 2011)

Yes so long as he can meet the conditions as stated under the Sponsor Eligibility

And Obligations

Which includes an assurance of support if asked for one. 804 assurance of support

All that said according to DIAC web site there are only 600 aged parent visas available each year and only 1400 non contributory parent visas. The wait being 15 years. 

Given that hundreds of thousands of applications are made each year from all over the world the waiting time can only increase! parent-visa-processing-priorities.htm

Like I said the contributory visa takes a couple of years. Many people who apply for this one use savings and mostly proceeds from the sale of their home. Contributory Parent (Migrant) Visa (Subclass 143)


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## AUDREYPET (Aug 5, 2011)

Hi Shel , thank you for getting back to me , you have given us an other angle to consider.
my husband is going out to Australia with our daughter in January, to help her get settled, then when he returns we will start the contributory parent visa.
thank you once again for all your help, no dought we will be back at a later date with more questions.
kind regards
audrey


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## AUDREYPET (Aug 5, 2011)

Hi Shel , we simply do not have enough money ie. between £55-60000 + the 10 year 
bond my son would have to pay to do this as a contributory parents, it looks like an 804 or a 103 are our only choices. I read somewhere that it is possible to apply for these onshore and that they are regarded as temporary visas and you can stay until you visa has been decided? admittedly this was comment made in 2007 is there any truth in that?

thankyou Audrey


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## AUDREYPET (Aug 5, 2011)

Hi sorry Shel I meant to add this thread Cheap Parent Visas Part I is the information I was looking at.


Thanks Audrey


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## Guest (Aug 8, 2011)

You can apply onshore and be granted a bridging visa but you need to be on a qualifying visa in the first place. The evisitor and other tourist visas are meant for tourism not living in Australia. If immigration believed you were trying to live in Australia you could be turned around on the first plane home. 

If you managed to get away with it, some do, there is also the point that you would have no work rights, no access to pensions or other welfare and wont have full access to medicare for 15 years until your visa is processed.


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## AUDREYPET (Aug 5, 2011)

Hello Shel we have decided we can not afford a contributory visa, we do not want to spend the proceeds from our house sale and arrive on my son with only my husbands pensions. Can you tell me what advantages an 804 visa has over a 103 visa I know that both have long waiting lists, is one quicker than the other? the 804 is dearer than the 103 so why is that. I know the 804 has a bond that has to be paid and the 103 does not, so is the 804 quicker?
Do we need a minimum amount of money when we eventually do immigrate. Our intention is to apply for one of these visas and to holiday 3 months every year until the visa application is approved/or not. My daughter is arriving in Australia on a PR in january, she will not be our sponsor my son who is a Au citezen will be. Is january the time for us to apply.
many thanks Audrey


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## Guest (Aug 17, 2011)

They both have an Assurance of Support that needs to paid! There is no difference other than one is for aged parents. The processing time is the same. You will be queued along with all the other applicants and will get your visa when you get to the top! 


You can not apply until your daughter is *living* in Australia. I wouldnt apply the day she moves, wait until she either gets a job or rents a house etc ie more than a few days to show she is not just visiting!


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## AUDREYPET (Aug 5, 2011)

Hi Shel I know both visas require assurance of support, the 804 visa is 1,000 dollars more approx. and requires a bond of 5,000 dollars for the first applicant and 2,000 dollars for the 2nd applicant, are there any advatages in paying the extra + the 7,000 dollar bond oveer the 103 visa that does not require the bond?
We are going on holiday with our daughter for a month to help her settle in while she searches for house and job and will apply after we return to the UK.

thanks Audrey


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## AUDREYPET (Aug 5, 2011)

Hi Shel the agent at Global Visas told us today that the AOS bond is not required now for a contributory parent visa, but I can not find anything that confirms this, is it true? 
He also said that the 804 was for aged parents and that it required all of our children to be in Australia. I think he is wrong about this but he was trying to push us to into agreeing to apply for a contrubutory parent visa.
I still have not found out if an 804 has any advantage over a 103

thanks Audrey


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## Guest (Aug 24, 2011)

There is no advantage other than less people can apply for the aged parent as they are not old enough & more people pull out from the queue sadly due to passing on as it is for aged parents and they process them so slowly! And there are only 600 visas available per year for all applicants for the 804. 
1000 for the 103 and 6500 for the contributory. So that is why there is such a long wait, hundreds of thousands of applicants and a limited supply each year! 

The 804 is for aged parents hence the name Aged Parent (Residence) Visa (Subclass 804)

Assurance of support is required for the contributory visa Contributory Parent (Migrant) Visa (Subclass 143) 

Applicants of parent visa have to meet the balance of family test. That does not mean all your children live in Aus, but you should understand the test by now? Aged Parent (Residence) Visa (Subclass 804)

Balance of Family Test


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## AUDREYPET (Aug 5, 2011)

Hi Shel yes I understand the balance of family test, but I am rather horrified that he does not seem to, or that AOS is required for the contributory parent visa. 
Thankyou for the confirmation he implied that rhere had een a change, but I could not find anything to suggest that there was I have a suspicion that he just wanted us to commit to a contributory parent visa. I wonder if these guys are paid on commssion
many thanks Audrey


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## MECH89 (Nov 16, 2012)

i have applied for visa 190 and put my mother as dependent in visa 190. I f i cannot prove she is my dependent, and reject my mother application. can i apply for my aged mother as visa 804? I mean rejection of her dependency as dependent family member in visa 190 can effect on her application for visa 804 in future?


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## Guest (Dec 15, 2012)

No because 804 does not require dependency she just needs to be your parent. BUT she can not apply for that until you have lived in Australia for 2yrs and then it takes 15yrs to be granted.


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