i have a son whom has been living at grandparents, due to a family fall out , but everything fine now, he is 21 and just got a job in warbutons bread factory, although hes never lived in a place of his own, has lived with me or grandparents, Basically would there be a problem him coming with us, couldnt think of leaving him to stay at grandmas,
I am no expert on this stuff. Partly, I am just bumping this back up to the top in the hope that one of the Agents might be able to help you properly.
I suspect you would have a problem with including your eldest unless he becomes a student. Even that would need checking up on, though, because it probably isn't as simple as just sending him back to college.
The Remaining Relative visa might become a possible option after a while, potentially, but that would need checking as well.
You really need help from an experienced, clued-up, well known and reliable Adent, I think.
This is most likely an issue of the son's dependency on the main visa applicant.
From the original poster's comments I fear the Department of Immigration would consider the son to no longer be dependent on the main applicant - the salient issue is Regulation 1.05A, which reads as follows:
1.05A (1) Subject to subregulation (2), a person (the "first person") is dependent on another person if:
(a) at the time when it is necessary to establish whether the first person is dependent on the other person:
(i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
(ii) the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
(b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.
Once a person has started work and is earning a reasonable salary it becomes somewhat difficult to overcome the above to the satisfaction of a DIAC case officer.
In conclusion, take some further advice if you want to pursue this matter.
Best regards.[/i]
__________________
Managing Director, Go Matilda, http://www.gomatilda.com
Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
Offices in the UK and in Australia
Hi thanks for reply - re son can he migrate with us
Yes i agree could be difficult, there may be another option. I have been on immigration site and found remaining relative visa subclass 115
it states got to have parent, brother, sister or step sister classed as near relatives, as a resident or citizen living in Australia with no other sisters brothers still left in uk. My son would be the only one left behind residing with grandparents who are classed as relatives but not immediate near relatives?? The condition is that we would have to sponsor him. Assurance of Support an AOS form 40, which means we would have to support him fianancially for 2 years as he wouldnt get any benefits as not entitled. This would have to be me and my husband. Therefore this may be the option we are left with. Firstly we have got to get visa, we are currently doing paperwork for tra he is a plasterer, we got 110 points in the trial assessment, and now we are doing this for real. So I am looking at all the problems now rather than later. If anyone else been in this same situation, would like to hear of your experience. thanks julia and Tony
You have to be "settled" in Australia to sponsor a Remaining Relative, which usually means you must have resided lawfully in Australia for at least 2 years and be a permanent resident.
I recommend a discussion with a competent agent before you go too much further.
Best regards.
__________________
Managing Director, Go Matilda, http://www.gomatilda.com
Registered Migration Agent Number 0102534 and Chartered Accountant (England & Wales, and Australia)
Offices in the UK and in Australia
Thanks for the help. Lots of things to look into. My son says he happy here with his friends now!! He said he doesnt mind living with Grandparents. Maybe he will want to in the future. :)
Hi Gill,
Just to ask a few questions as me my husband and my 2kids one 6 the other one 14 are wanting to emigrate over to Australia, do you think i would have any problems with the older one being fourteen as by the time we can migrate, she would be about 16-17, my husband works in IT do you think that there is a wider range of jobs for that? We have just decided, after four years of thinking so i think we are sure that we want to do this, Please write back if you can with some advice,
Thanx it would really help
Gill x
