Concerns regarding remaining relative visa

I'm not using an agent so I'm getting confuesed! I've got a few queries, so any help would be greatly appreciated.

Here's the deal. Me and my mother are applying for a remaining relative visa, following my father's death.

The relatives we have in Australia are: My mother's brother (my uncle) and my half-brother and half-sister (or my mother's step-son and step daughter)

However, My mum is the main visa applicant and I am over 18. How do i prove i'm dependant? I live at home, after quitting uni without a degree. Nor do I have a skilled trade. Although not currently working and regretably on benefits to pay off the student loan, I am starting a new job that won't earn me anywhere near enough to move into my own place.

Will my situation count against the application?

Also, do we need to submit evidence to prove we have no other immediate relatives left in the UK?

Hi Stretton,

Very stressful position you're in trying to do this without professional help. I would suggest that you sit down with an experienced migration professional and work through your eligibility carefully. Might cost 200 GBP but worth it. When there are issues of dependency and step children you're really exploring issues which might lead to the application being refused.

Sorry I can't be more constructive, but this legislation is quite complex. The best public resource apart from the latest edition of the IARC Immigration Kit is the IARC fact sheet at http://www.iarc.asn.au/publications/pdfs/remainrel.doc .

As for your dependency, potentially a complete can of worms when dealing with non-students over the age of 18. I'm sure that Gollywobbler can find a suitable agent for you.

Cheers,

George Lombard

Fair enough, thanks for you time anyway

I'm not using an agent so I'm getting confuesed! I've got a few queries, so any help would be greatly appreciated.

 

Here's the deal. Me and my mother are applying for a remaining relative visa, following my father's death.

 

The relatives we have in Australia are: My mother's brother (my uncle) and my half-brother and half-sister (or my mother's step-son and step daughter)

 

However, My mum is the main visa applicant and I am over 18. How do i prove i'm dependant? I live at home, after quitting uni without a degree. Nor do I have a skilled trade. Although not currently working and regretably on benefits to pay off the student loan, I am starting a new job that won't earn me anywhere near enough to move into my own place.

Will my situation count against the application?

 

Also, do we need to submit evidence to prove we have no other immediate relatives left in the UK?

hi stretton

i originally applied for last remaining relative visa and believe me,it is so hard.i thaught i had it in the bag as i had noe family at all left in uk after my husband died in may 2006.my only daughter and family,my only full sister and family are all in oz.however,my father,his wife and family,with whom i had no contact,had emigrated to oz many years ago and as far as i knew,his family were still in oz(both he and his wife are deceased)one of his sons,my half brother,married a nz girl and because he lives in nz and not oz,i was refused the visa so lost application fee and had to re-apply for cpv.it was a bit annoying asa i would not know any of my half siblings if i passed them in the street hope you have better luck than i did.sometimes i think you can be too honest.

Hi i'm bex and i'm going for a remaining relative visa but it is one of the hardest ones to get apparently! You really need to speak to an agent to make sure it's the right one for you. Both my parents are in OZ and i have no other next of kin in the u.k so my parents can sponser me and my son. I haven't had to prove dependancy, it hasn't come up anywhere in my application process, my parents just had to ensure that they could support me for up to two years if i needed them to. Not quite sure how it would work if your mum is going out at the same time. Get some advice first because once they take your money you don't get it back regardless of how your application works out. Sorry i couldn't be of more help, good luck with everything.

Bex.

I too would say speak to an agent, Go Matilda are the best ones for this type of visa. My personal feeling is that neither of you are eligible for the 'last remaining relative' one because you both cancel one another out - it is my understanding that this visa is effectively for the last one only in the family. It is also likely that your fathers family would count as your relatives because they would be by marriage.

It might be that there is another option for you though so speak with Go Matilda

Lyn

Hello Stretton86

Welcome to Poms in Oz.

Have you submitted the Remaining Relly visa application as yet?

If not, I would advise you not to do so for the moment at least. It is almost certain that DIAC will argue that you are a non-dependent child and that therefore Mum is not a Remaining Relative.

However, there may be another way to resolve the problem. Regardless of what the DIAC website says about the Balance of Family Test for Parent migration, the legislation states that if a step-child was under 18 on the date of the relevant marriage then that step-child is a child of the Parent for the purposes of the BoF Test.

So - how old were your mother's step-children on the date when she married your late father? If they were both 18 or over on that date then they are not your mother's "children" for the purposes of Parent migration. However if one of them was under 18 then Policy will allow Mum to say that she has two children in Oz, one in the UK and that therefore she meets the Balance of Family Test.

If Mum gets a Parent or Contributory Parent visa and becomes a Permanent Resident of Australia, then you will become the Remaining Relative provided that you have no other "near relatives" anywhere else in the world once Mum has moved to Oz. In this scenario, your financial circumstances become irrelevant.

Policy allows an either/or with widowed/divorced Parents and step-children. The reason is because the legislation contains two different definitions of "step-child", which conflict with each other and can therefore produce two different outcomes for the same parent depending on which definition is used. However Policy is to use the definition that will not disadvantage the particular visa applicant concerned.

Therefore if one or more of the step-children was under 18 on the date when Mum married Dad, I suspect that this will prove to be the way to sidestep the whole issue that is vexing you at the moment. Policy is hostile to what you want to try to say about yourself at the moment. It is not hostile to the possibility that your mother might meet the Balance of Family Test in spite of the spiel on the website.

I have sent you a PM with some more information that might help.

Best wishes

Gill