[petdimi]

Hello,
I granted my permanent carer visa 836 the last October after 4 years.
My aunt is my sponsor and I was her secondary medical POA. When I granted my visa I also moved from her house and I live now with my family(husband and daughter). Am I still obliged to look after her and provide any support? I'm not her POA anymore(I resigned).

Thank you
Dimitra

 

[Surin]

Yes you are required to provide ongoing substantial care and continuing support or assistance to your relative.

That was the purpose of getting the visa, but seeing you moved out straight away once granted and now looking at getting out of the caring part, it looks like you have fraudulently obtained the visa as a way to get residency.

 

[CCMS]

I am not sure how the Power of Attorney is relevant, but what has changed that she no longer needs you as her carer?

I don't deal with carer visas, so I don't know if there would be any consequences of you no longer being the carer.

As far as I know sc. 836 has no visa conditions, so maybe there is no legal requirement to keep providing care.

Maybe one of the other RMAs can advise.

 

[petdimi]

Thank you for your response but there were serious issues. Everything is reported to the services. Thank you for your time.

 

[petdimi]

I am not sure how the Power of Attorney is relevant, but what has changed that she no longer needs you as her carer?

I don't deal with carer visas, so I don't know if there would be any consequences of you no longer being the carer.

As far as I know sc. 836 has no visa conditions, so maybe there is no legal requirement to keep providing care.

Maybe one of the other RMAs can advise.

Thank you CCMS. Unfortunately, I can't give more details online.

 

[petdimi]

Thank you Surin for your response but there were serious issues. Everything is reported to the services. Thank you for your time.

 

[JandE]

Hello,
I granted my permanent carer visa 836 the last October after 4 years.
My aunt is my sponsor and I was her secondary medical POA. When I granted my visa I also moved from her house and I live now with my family(husband and daughter). Am I still obliged to look after her and provide any support? I'm not her POA anymore(I resigned).

Thank you
Dimitra

Thank you for your response but there were serious issues. Everything is reported to the services. Thank you for your time.

I would assume that Immigration would have notified you of any further obligation as you have told them of the change.

If they don't say anything, once notified, then you should be OK.

 

[Surin]

Thank you Surin for your response but there were serious issues. Everything is reported to the services. Thank you for your time.

What serious issues (in a general context)?

The reason you/sponsor applied for the visa was to provide provide ongoing substantial care and continuing support or assistance to your relative.

Also as part of this visa this care could not be provided by anyone else or any other service in Australia.

So what has changed? There are reasons why this may change but to answer your question we need to know what they are.

Given you moved out as soon as the visa was granted and now are trying to get out of the caring of this relative, it won't play in your favour.

You were granted this visa to care for this person, if you no longer are needed or wish to provide care for this person, what need is for you to still hold this visa?

If you have informed immigration of these reasons, that will work in your favour, but it takes time for these things to play out and for immigration to investigate.

It seems on the information given you maybe facing a visa cancelation in the near future, once it's sorted out.

 

[Surin]

I would assume that Immigration would have notified you of any further obligation as you have told them of the change.

If they don't say anything, once notified, then you should be OK.

I wouldn't be so quick to jump to that conclusion, immigration are slow to act at the best of times, especially something low risk like this.

Unless of course immigration has informed you in writing that you no longer need to meet the requirements of the visa.

 

[JandE]

I wouldn't be so quick to jump to that conclusion, immigration are slow to act at the best of times, especially something low risk like this.

Unless of course immigration has informed you in writing that you no longer need to meet the requirements of the visa.

If Immigration have the right details, and they do not state that the visa is no longer valid, then the person would be able to stay.

If Immigration decide at a later time, to impose any conditions, then the visa holder has to abide by that, at that time, or appeal.

The 836 is a permanent visa, and until cancelled would be considered to be still valid.

I assume a permanent visa can be cancelled for some reasons, including obtaining by fraud, if applicable. But with genuine change of circumstances, it may not be cancellable.

 

[petdimi]

I can send a detailed pm to anyone who can help me. There is no fraud and there are a lot of proves that I was really looking after her the last years and until the 18th of February 2019. I can't post it in public. There are serious concerns about my personal safety. Thank you.

 

[Aussie83]

Any requirements or conditions will be in your grant letter

 

[Surin]

There is nothing much anyone can do to help you, if you have told immigration about the situation the decision is up to them as to what they do.

If the reason is outside your control and something unforeseen, make sure you keep evidence of this.

Once they make that decision there will be options to appeal if need be, which will be explained in the notice of intention to cancel the visa.

 

[CCMS]

There is nothing much anyone can do to help you, if you have told immigration about the situation the decision is up to them as to what they do.

If the reason is outside your control and something unforeseen, make sure you keep evidence of this.

Once they make that decision there will be options to appeal if need be, which will be explained in the notice of intention to cancel the visa.

As far as I am aware the OP is a permanent resident and the sc. 836 visa does not have any conditions. Not sure why you think there would be any NOIC. As we don't know the exact circumstances, it may be best to not jump to any conclusions.

 

[Surin]

As far as I am aware the OP is a permanent resident and the sc. 836 visa does not have any conditions. Not sure why you think there would be any NOIC. As we don't know the exact circumstances, it may be best to not jump to any conclusions.

If the visa was going to be cancelled under lets say section 109 or 116, they would be issued with the NOIC or are you saying they will cancel without issuing a NOIC?

 

[CCMS]

If the visa was going to be cancelled under lets say section 109 or 116, they would be issued with the NOIC or are you saying they will cancel without issuing a NOIC?

What I meant was, why would the visa be cancelled in the first place? I'm not quibling about the legalities or procedures if cancellation was an issue.

Are you a migration agent or someone working in the industry?

 

[petdimi]

My migration agent when I was granted this Permanent Visa told me that I don't have any other obligation and I can even move to another state but I stayed with my aunt until I faced this problem. 2 different migration lawyers a week ago told me that I won't have any problem with my visa because there are no any conditions. Anyway, I can't help it. I only have to keep me safe at the moment. Thank you all for your time.

 

[Surin]

What I meant was, why would the visa be cancelled in the first place? I'm not quibling about the legalities or procedures if cancellation was an issue.

Are you a migration agent or someone working in the industry?

Under section 109 or 116! I thought it would be pretty clear to a RMA the relevance of these sections, I didn't just include random sections of the Act.

No I am not an agent, but do work in the industry but more the other side of the fence sort of thing.

 

[Surin]

My migration agent when I was granted this Permanent Visa told me that I don't have any other obligation and I can even move to another state but I stayed with my aunt until I faced this problem. 2 different migration lawyers a week ago told me that I won't have any problem with my visa because there are no any conditions. Anyway, I can't help it. I only have to keep me safe at the moment. Thank you all for your time.

As I said you won't have any problems if you have informed immigration and everything is above board.

It's just your circumstances are highly suspicious, so expect a closer look at some stage.

 

[CCMS]

Under section 109 or 116! I thought it would be pretty clear to a RMA the relevance of these sections, I didn't just include random sections of the Act.

No I am not an agent, but do work in the industry but more the other side of the fence sort of thing.

You seem to be suggesting that you work for the Department of Immigration. If that is the case should you be posting on a public forum ?

There is no need for you to tell me what should or should not be clear to me.

There is no suggestion that the OP has done anything wrong, so I don't quite understand the tone of your comments.