‘Pre-Christmas nightmare’: Call to end ‘mad’ visa rule

Hundreds of families are facing a ‘pre-Christmas nightmare’ as a quirk in Australia’s visa laws requires some to leave the country mid-pandemic.

A “mad” rule in Australia’s visa laws is forcing elderly parents overseas during the COVID-19 pandemic.

The 173 and 143 parent visas require applicants to leave Australia as a final step before the permits are granted, but COVID-19 has made overseas travel harder, more expensive and more dangerous.

And with 36,000 Australians looking to return home from overseas, there are fears the rule could further clog up the nation’s quarantine system.

The government waived the requirement for partner visas in November, but parents still must travel overseas as they are not considered “immediate family members”.

Labor MP Julian Hill said there was “no good explanation” why parents had not been granted the concession.

Labor MP Julian Hill is calling for an end to the ‘mad’ rule. Picture: AAP Image/Mick Tsikas

“It is just madness, in the middle of a pandemic, that the government is forcing elderly people to take a risky and expensive overseas trip, wasting precious quarantine places,” he said.

“This is a pre-Christmas nightmare for hundreds or thousands of families, and the minister should fix it this week.”

As of September, more than 53,000 applications for 143 parent visas were in the queue, but not all applicants are in Australia.

A Home Affairs spokesman said the department had not “generally been asking visa applicants to travel outside Australia” during COVID-19.

Alan Tudge says visa options are available to remain in Australia during COVID-19. Picture: Sam Mooy/Getty Images

Acting Immigration Minister Alan Tudge said visa options were available for applicants to remain in Australia until it was safe to travel abroad.

“The government is providing additional flexibility for visa holders impacted by the global COVID-19 pandemic, including giving applicants additional time to meet necessary visa requirements,” he said.

‘A VERY SCARY PROSPECT’

Katherine Merson, whose Scottish parents are applying for a 173 visa after moving to Melbourne as tourists last year, says the system is “madness”.

Her parents, Robert and Agnes Halliday, applied for the visa in January 2016 before they arrived but the approval process has dragged on for five years.

Once their hefty $60,000 bill is paid, they will be forced to leave Australia within 28 days or risk their visas being denied.

Robert and Agnes Halliday, with their grandson Logan Merson, fear they will be sent overseas indefinitely. Picture: NCA NewsWire/David Geraghty

Ms Merson described her parents returning to the UK, which recorded more than 20,000 COVID-19 cases on Saturday, as a “very scary prospect”.

“It’s just so dangerous to make anyone travel unnecessarily at the moment. You don’t know who they’re going to come into contact with travelling through an airport or on an aeroplane,” she said.

“I don’t understand why that same concession couldn’t be temporarily made for the parent visas.

“If I’ve heard the prime minister say it once, I’ve heard him say it a hundred times: this is an unprecedented situation.”

While Agnes and Robert have the option to travel to a closer nation, such as New Zealand, they have opted for their home country in case they are denied re-entry, which is almost certain under COVID travel restrictions.

The couple look after the three-year-old two days a week. Picture: NCA NewsWire/David Geraghty

Given her parents look after her three-year old two days a week, having them stranded abroad would add extra strain at home, Ms Merson said.

With the price of flights skyrocketing, and mandatory quarantine on return, the family could be lumped with a $100,000 bill.

And with Australians stranded abroad reporting last-minute flight cancellations, she fears a brief trip could become an indefinite ordeal.

“If one of them got sick, or one of their flights got cancelled and they got stuck somewhere, there would be no one there to help them,” she said.

‘THE ELDERLY ARE MOST VULNERABLE TO THE VIRUS’

Gold Coast man Brad Qiao, single father to autistic five-year old Eli, says the decision is “cold-hearted, even for politicians”.

He could not comprehend why the exemption should not be extended to parents.

“The elderly are the most vulnerable to the virus. They raised us, and they should be treated right,” he told NCA NewsWire.

Brad Qiao fears he would be unable to juggle work and care for his autistic son, Eli (pictured behind), if his mother is sent back to China. Picture: NCA NewsWire/Steve Holland

“When we have the ability to look after them in their later years, we should try our utmost to respect and care for them.”

Brad’s Chinese mother May has visited Australia on a tourist visa every six months to ensure Brad has support caring for Eli, rotating with her husband who visits for the rest of the year. They are his only family members in Australia.

May assumed the government would “understand the conditions imposed on (the) elderly going offshore”, Brad said.

Her visa was extended to February but, with her husband stuck in China due to the pandemic, Brad feared he would not be able to give “good care” to Eli without her.

Brad Qiao with his mother May and son Eli at their unit on the Gold Coast. Picture: NCA NewsWire/Steve Holland

“Taking care of him takes a lot of time and effort, and I need a second helper. My mum is enjoying doing that, because our family is very tight,” he said.

May could technically travel to a nearby country, but her lack of English means Brad would have to accompany her.

The visa process has already cost $50,000 and Brad fears the overseas flights, accommodation and quarantine for three people will drain his finances.

Being placed in a confined space for quarantine would also trigger panic attacks in Eli.

‘WE CAN SEE THE PAIN IT IS CAUSING THEM’

When Trevor Tellett saw parents were not part of the concession, he assumed it was a misprint.

“It hurts to be told that, in Australia’s eyes, you’re not immediate family,” he said.

He and wife Sandra moved to Sydney in 2019, but applied for a 143 visa in 2016, when the estimated waiting time was between 18 and 24 months.

They have two children and four grandchildren, all aged under four, who he described as “the reason we’re living our lives”.

“At our age, I should be looking forward to bouncing our grandkids on my knee. I just cannot imagine the pain that we would go through if we couldn’t be here with them,” he said.

“I don’t know how long we’ve got left, but I just want to spend it with them.

Trevor Tellett, with wife Sandra, says he doesn't know how long he has left, but wants to spend it with his children. Picture: Supplied

“I’m not asking for anything, I’m not asking for a penny from the state. I just want to spend whatever time I’ve got left with my children and my grandchildren.”

After plunging $100,000 into obtaining the visa, Trevor said he had faced pressure from Home Affairs to leave and return by the end of January.

“Every time the phone rings or I open an email, we’re being told: If you don’t go, we’re going to cancel your visa. You can understand the stress it’s causing,” he said.

He said returning from the UK would be almost impossible. And with the COVID-19 situation spiralling in his country of birth, his children are “worried to death” by the prospect of them returning.

“We try and put a brave face on it, because you don’t want them to see how stressful it is for us,” he said.

“But we can see the pain it is causing them. Every day now it’s: have you heard anything? Are you OK?”

He said the money required for an expensive overseas trip would be better spent boosting the Australian economy.

“But for some reason the government wants us to go and spend it on a foreign airline.”

But he stressed he was grateful for the “privilege” of spending time in Australia.

“It’s expensive, but well worth every penny to be in this fantastic country,” he said.

“I’m so glad that my kids and grandkids are living here … and will live here for the rest of their lives.”