mtenchavez

Hmm.. You have a good logic there lebourvellec. I'ts something that I did not realize at first. But now i fully understand the concept of the one fail all fail rule. Thank you for your wonderful insight!

Hi lebourvellec, thanks for the response. I understand what you are trying to say because that's what im thinking too as a last resort is to have my brother formally filed for divorce. However, the problem is that the processing period for a divorce here in my country is too long and i don't think i can wait for it.. Oh well, you're right it would be best if i seek an assistance from an RMA may be there is an alternative solution that they can suggest to me regarding my case... By the way, what do you mean by one fail all fail rule? does this mean if I still pursue to file my brother as my dependent in my application given his current status and later on it was assessed by DIAC that he is not eligible as an dependent relative i will fail my visa application as a whole? including me as the main applicant?!?!?

Hi Tickled Pink, First of all thank you for your prompt response in my question. I appreciate it very much. Going back to issue, actually the reason why brother is currently dependent with me financially is because he is currently not fit to work for the reason that he is currently experiencing physical problems (like lack of sleep, shortness of breathing, frequent dizziness, short tempered. etc) due to a mental illness / disorder as an an underlying cause of it. specifically, an anxiety disorder brought about by a traumatic incident that happen to more than a year ago. I know this for a fact because i have with me a medical certificate stating the said illness from a psychologist doctor who conducted the check-up on my brother. You have a good point about no one is ever truly dependent on someone else because of the availability of a welfare institution. However, it really depends on the preference of the family on how they want to take care of their relatives who has disability let it be mentally or physically. In my case, i decided it is best if i have my brother taken care by me personally for ethical, practical as well as financial capacity reasons. And besides i dont think DIAC will go that far to the point that they will contest my manner of taking care of my brother as to why i did not opt to put him up in some welfare institution because otherwise it will render their qualifications about the dependent relative moot and pointless wherein it states on their dependent relative qualifications (via AU Immigration website) and i quote: "have no other relative able to care for them in their own country". Yeah, that's what I'm thinking too as a last resort is to have my brother filed for a divorce. But the problem is the divorce process here in my country takes enormously long. At least a year or two depending on the case. I don't think i can wait that long. I am hoping that maybe there has to be an alternatives that DIAC might considered for this kind of scenario.

Hi Guys, I am planning to include my brother in my Australian Visa Application (Via Subclass 489 visa) as a Relative Dependent. Basically, he meets most of the qualification as a relative dependent. such as being financially dependent with me for about 2 years now, no other relative to care of him in my country, he currently lives in my house and finally NO other person depends on him (e.g: a wife, mother, child, girlfriend etc.). But the big problem is that he is legally married from a previous a relationship. Although they are separated for about 8 years now and annulment has yet to be filed in the court. My questions is this, is there way or considerations that DIAC will qualify my brother as dependent In a way of like providing them supporting documents?. I am thinking if a notarized affidavit statement from him and his previous wife saying they are seperated 8 years will suffice?.. Thanks in advance!..