venturer Posted December 10, 2013 Share Posted December 10, 2013 Hi guys, I just joined this interesting forum, I am about to apply for my parents to come to Australia under contributory parent 143. I am an Australian citizen and have a sister who lives here as Australian citizen too. I have a brother who lives with my parents and he is studying full time(postgraduate) and he is 27. I had the dilemma if I put him under the application for my parents' 143 visa and he does not get approved as dependent, if still my parents get the visa or the whole application fails? If still parents get the visa even if he gets refused, so I will have less risk and I will think of another visa for him to bring him over after he complete study. what is your experience with putting dependent under 143 visa? any insight is much appreciated. Thanks Venturer Quote Link to comment Share on other sites More sharing options...
lebourvellec Posted December 10, 2013 Share Posted December 10, 2013 One fail all fail rule applies. At 27 years very unlikely he would still be classed as a dependent, would need a high degree of proof that your parents support all basic needs. Cut off for deoendancy for child visa for example is 25. Quote Link to comment Share on other sites More sharing options...
venturer Posted December 11, 2013 Author Share Posted December 11, 2013 Thanks for the great insights into my post. I was wondering if this one fails all faill rule applies to all class of visas which are lodged combined? And i appreciate if you can advice what documents can be a good proof of dependancy for a 27 year old studying postgrad and ,living with parents ? Cheers Venturer Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted December 11, 2013 Share Posted December 11, 2013 I would consult with a migration agent on this one Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 11, 2013 Share Posted December 11, 2013 Thanks for the great insights into my post. I was wondering if this one fails all faill rule applies to all class of visas which are lodged combined?And i appreciate if you can advice what documents can be a good proof of dependancy for a 27 year old studying postgrad and ,living with parents ? Cheers Venturer Under the conditions you describe 'one fails - all fail' might, but would probably not apply. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted December 11, 2013 Share Posted December 11, 2013 Surely the "one fail all fail" applies only to people who genuinely are dependents who fail because they don't meet the health or character requirements. That's just because of the nature of dependency and the fact that Australia cannot conscionably separate a dependent from the person or people on whom they depend. If DIBP decide a person is not a dependent then can't they just be decoupled from the application? Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 12, 2013 Share Posted December 12, 2013 Surely the "one fail all fail" applies only to people who genuinely are dependents who fail because they don't meet the health or character requirements. That's just because of the nature of dependency and the fact that Australia cannot conscionably separate a dependent from the person or people on whom they depend. If DIBP decide a person is not a dependent then can't they just be decoupled from the application? Pretty well. Quote Link to comment Share on other sites More sharing options...
engaus Posted December 12, 2013 Share Posted December 12, 2013 How can a 27 year old be a dependent? Lots of people study full time and live at home but are not dependant. Lots of people study full time, work part time and live away from home. Plus depending on where you are from, you could get government benefits. I'm curious really as I have seen this question asked a few times Quote Link to comment Share on other sites More sharing options...
Rupert Posted December 13, 2013 Share Posted December 13, 2013 How can a 27 year old be a dependent? Lots of people study full time and live at home but are not dependant. Lots of people study full time, work part time and live away from home. Plus depending on where you are from, you could get government benefits. I'm curious really as I have seen this question asked a few times They cannot be considered dependent. OP might as well save themselves a job and not include in first place. Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 13, 2013 Share Posted December 13, 2013 They cannot be considered dependent. They certainly can be, but I would not advise anyone to attempt to negotiate this particular minefield without professional advice. Quote Link to comment Share on other sites More sharing options...
Quinkla Posted December 13, 2013 Share Posted December 13, 2013 How can a 27 year old be a dependent? Lots of people study full time and live at home but are not dependant. Lots of people study full time, work part time and live away from home. Plus depending on where you are from, you could get government benefits. I'm curious really as I have seen this question asked a few times In the UK, a 27 year old son or daughter could not be dependent because there is a social security system. But in other countries where there is no social security system, a 27yo might be dependent on parents, especially if disabled. Quote Link to comment Share on other sites More sharing options...
engaus Posted December 13, 2013 Share Posted December 13, 2013 In the UK, a 27 year old son or daughter could not be dependent because there is a social security system. But in other countries where there is no social security system, a 27yo might be dependent on parents, especially if disabled. If a son/daughter is disabled that's a completly different story. I was more referring to people wanting to bring their children over from countries where support is available. Some people seem to think that because their children study full time and live at home it makes them dependent when really it's by choice - sure they probably wouldn't be living as comfortably but it doesn't make them dependent in my eyes. So I was just curious to see how it would work Quote Link to comment Share on other sites More sharing options...
wrussell Posted December 13, 2013 Share Posted December 13, 2013 If a son/daughter is disabled that's a completly different story. I was more referring to people wanting to bring their children over from countries where support is available. Some people seem to think that because their children study full time and live at home it makes them dependent when really it's by choice - sure they probably wouldn't be living as comfortably but it doesn't make them dependent in my eyes. So I was just curious to see how it would work Is that so? 37 Assessing dependency In assessing a person’s claim to be dependent on another person, officers should take into account the policy factors described in this instruction. The factors listed are, however, not to be regarded as definitive of the issue. In all cases, officers must consider the claims put forward on a case-by-case basis, taking into account the actual wording of the relevant regulation.A person cannot be excluded from being considered as dependent according to regulation 1.05A simply because they are dependent “by choice”. The only question that needs to be addressed is whether or not a person is dependent (according to regulation 1.05A), rather than why they are dependent. Quote Link to comment Share on other sites More sharing options...
engaus Posted December 13, 2013 Share Posted December 13, 2013 Is that so? 37 Assessing dependency In assessing a person’s claim to be dependent on another person, officers should take into account the policy factors described in this instruction. The factors listed are, however, not to be regarded as definitive of the issue. In all cases, officers must consider the claims put forward on a case-by-case basis, taking into account the actual wording of the relevant regulation.A person cannot be excluded from being considered as dependent according to regulation 1.05A simply because they are dependent “by choice”. The only question that needs to be addressed is whether or not a person is dependent (according to regulation 1.05A), rather than why they are dependent. As as I said, it doesn't make them dependent in my eyes. I wasn't disputing it can be done - clearly it can given some if the threads on here. I'm curious as to why it can be done. But thank you for that pointless quote! Quote Link to comment Share on other sites More sharing options...
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