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scattley

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Posts posted by scattley

  1. You must show that you have tried to have her do the medicals and she has refused. The immigration departments works on the premises of "what if". What if your ex dies.......if the child then would not come to live with you (because you have had absolutely no contact and her family would sue for custody or he would let the child go into care) then you are fine, but if then he would apply for custody.....then he needs to have the medical checks done now.

  2. And I actually just read this req inthe booklet ( I hope the CO follows it too )

    A dependent child is:

    if aged 18 years or over, have been wholly or substantially dependent on you for a substantial period(at least 12 months) for their basic needs (food, clothing and shelter); or ....

     

    So this means that at the time of applying, as long as she HAVE BEEN relying on her family financially and would not have been in any relationship, thats fine.

     

     

    The he moment you started in a defecto relationship she became YOUR dependant and YOU are responsible for her upkeep even if her parents are, now that is your legal obligation......she is now your dependant not her parents.....thats the issue (the date is when you moved in with her not when 12 months has elapsed)

  3. It is totally reasonable to require dependants not to change their circumstances regarding a serious relationship prior to being granted a visa...they require this for last remaining relative visa (and this takes many years to process) and all other visa. Once a dependany enters into a marriage like relationships they are not longer a dependany and if the visa has not been granted they are required to notify immigration of the change in circumstances (and be removed from the application). This is a serious error that her mother and she has made and the moment you submit your defacto application it will come to light. With the crack down on immigration visa fraud happening at the moment I would go straight to a migration agent and see if there is a way to salvage this. Even once PR has been given, this is one of the ways it can be removed (and even if she now had citizenship....citizenship based on visa fraud can be removed easily).

  4. Hi guys,

     

    thank you for reading my question and sorry if this is a duplicate post. I havent managed to find any similar cases.

     

    So in short, I am in a de facto relationship with my girlfriend, more than 1 year until now.

    She was recently sponsored ( and got approved ) as a dependant child ( although shes more than 18 yo) under visa 100 with her mother. Her Australia stepfather is the sponsor in the visa.

     

    My question is:

    - as she just got approved last year end and being a dependant child of her mother visa

    will she be able to sponsor me now - visa 309?

     

    now you may ask why is she eligible for dependant child status while shes having a de facto relationship,

    id like to note that we only started living together after her family lodged in her mother visa 100

     

    thank you again and hope to hear from you guys opinion soon!

     

    if you lived together before the visa was granted (not applied for) then she was in breach and should not have been granted the visa in the first place. So the big question is....did your defacto status (living together) happen after the visa grant? Given you have said she and you have been living together for more than a year and she was granted her visa only last year (and it's only February) it sounds like she is guilty of visa fraud.

  5. The logic is if the immigrant (you) wants your parents to come out - then you (the immigrant) pays for the visa instead of buying that first car. There are good reasons to have the cost soo high - they are going to cost the Australian tax payer quite alot of money and not put anything back into the economy. It doesnt play out with you saying you will be contributing to the economy - you are contributing to the economy to counteract what YOU will be costing the economy in aged benefits etc. Its interesting on this board as its the parents from mostly the UK funding the visa but Indian children are funding the visa for their parents to come over (and making the sacrifices themselves to fund it). Really if you feel you cannot come here without your parents, and they still have some working life left, I would say dont come. You cannot force your parents to live the life you want - you have to let them live their own life. You are the one who is wanting to move - and you are the one who will need to make the sacrifices.

  6. When you say you are studying to be a psych lecturer do you mean you are completing a PHD or doing a post doc? As the is what is required to b a psych lecturer in Australia (generally you will need 3-6 years in post doc research first). We no longer have Lecturer only positions in Australian unis......you have to be involved in 40-60% research and the remainder is teaching. Your research history is more important in getting the job than your teaching qualifications. Secondly, in South Australia there are only two unis that really do psychology with perhaps a maximum of 15 lecturers between the ....a rather hard field to crack.

  7. There used to be a time when private school teachers did not have to be as qualified as public, but that time has passed. Quite often they need additional qualifications, e.g. A religious diploma or references from a religious leader, to get the job. You need to be eligible to teach and that means your post grad diploma in education must meet the education standards set by the Australian authorities.

  8. Hi,

     

    my my sister and brother in law have moved and are permanent residents, they are eligible for citizenship in April. my brother in law has started his own electrical company

     

    they are willing to sponsor me. I do not have a electrician trade so would require to do an apprentiship. I'm unsure if being sponsored would I class as an international student?

     

    any help would be great,

     

    thanks,

    mathew

     

    unfortunately apprenticeships are government sponsored programs in which the company I.e. Your brother, is paid a supplement to take in the apprentice and the learning institution (usually a TAFE) is paid for the student to be there one day a week for 3-4 years. As such only Australian citizens and a limited number of PRs are eligible to undertake apprenticeships. You will need to be completely qualified and then(in 3-4 years) this profession will need to be on the immigration list in order for your brother to sponsor you.

  9. do you understand the rules and laws in the Middle East regarding un-married couples living together?

     

     

    Yes you do and will go to Prison if you are living with someone you are not married to. There is no way you can meet the defacto criteria in Dubai. Their laws are stringent and do apply to foreigners. Your parents will loose their own visa and jobs if you do this. The owners of the apartment buildings are required by law to report any unmarried couples spending time overnight in the same apartment

  10. I've got all the information sorted thanks to @Ozmaniac

     

    anyway, I am planning to register my relationship with my boyfriend at the BDM. He got a re entry ban for 3years as of last Saturday and doing our best for him to come back.

     

    my question is, after we register our relationship and we get approved, will we then be applicable to apply for partner visa? The registration covers up the 12month defacto exemption.

     

    And also, will they possible rejection our partner visa application of I'm currently a full time student? I'm 18. And no job but looking for one. Is that gonna matter when we apply for partner visa? That's the only thing I'm scared of. And does anybody know how long it takes usually to process application for partner visa

     

     

    Trish. You fail to understand what is required for the types of partner visas you are looking at. You are not an adult yet (your other posts indicate you are at school and 17) and as such you cannot register your relationship or do anything that will help your boyfriend (he is not your partner) stay here. He will have to leave the country and look at skilling himself to apply for a visa in his own right.

    Have you spoken to a lawyer regarding what it means to register your relationship? You then are no longer your parents responsibility (your health insurance stops - its covered by your parents if you are in study and single until mid 20s). Your bf is then responsible for your living costs (not your parents), you loose soo many financial securities that you have now and when you do breakup (which is highly likely) in the future, you are treated as being married and so he gets half or more of what you have accumulated including your savings etc. It might not be much at your young age but the big thing is that if he does leave the country....and has a credit card or other debts...they are now yours and it could take you 10 years to recover.

     

    Registering a relationship is not something to do on the spur of the moment which is what you are trying to do. Even if you were over 18 and wished to do this, he is banned and will have to wait off shore until (and if) the visa is granted. Given your young age the application is going to be looked at strongly as it just smells off.

  11. If you travel to his every day, why are you not living together? Surely it would have been cheaper to rent just one place together rather than two separate ones? My drive to work is an hour each way, it's not unusual. Why would you not just live together and set off for school earlier in the morning?

    These are questions immigration would be asking a married couple, and by applying for a Defacto visa you are stating that in all but paper you are married. From your description you are not in a Defacto relationship. The things you describe are all normal when dating.

    I know it's not what you want to hear, but it's how immigration are going to see it. And it's a hell of a lot of money to loose if you apply and your visa is refused.

     

    I think a major issue is her age. She is still only 17 so we can assume she was in high school when the relationship started and she is possibly still in high school now. That reinforces you are only by/gf. Try telling us what you have done that is not akin to being a serious dating couple who are not engaged but sleeping together? Nothing you have indicated is anything other than normal dating behaviour.

  12. I do, they do and he won't :( I am 23 and qualify for a working visa, my parents are migrating independently. Father will not sign and so we are on our way to mediation and court. Looking good for people in similar circumstances

     

     

    You cannot take your child with you on a WHV. You can only take children on 457 and permanent visas.

  13. You will need to be with him in Italy until after you have turned 19. If I recall your previous questions....you are still under 18 and so are not considered to be in an adult relationship with him yet. A defacto visa is the same as a marriage one in that your level of relationship is the same but you are either same sex or don't believe in the religious aspect of marriage. Saying that you are not ready for marriage means that this is still a boyfriend and girlfriend situation. Until you are ready to make the same commitment as a defacto including (and this is a good test) if you were to go to Italy and have a car accident.....who would pay your hospital bills? Who would determine whether they turn off your life support? Who would organise and pay for your funeral? The answer to these questions cannot be your parents but your partner....is he will and ready to be put in that situation for you?

  14. Transcripts are your final score or result from the subject. Most subjects taken at university include a combination of exam and assignment marks giving a final score. Just giving the exam score suggests to immigration that you actually failed the subject overall and just passed the exam component. The transcript will also indicate....passed all requirements of degree or certificate on this date.

     

    the syllabus tell them what is covered in the subject and this may also be needed.

  15. What's the difference between the two titles? I have a BA (Hons) in Philosophy and was wondering which one I should select. I'm assuming that points wise it makes no difference, but I'd be grateful if someone could clarify regarding title.

     

    Sorry if this has been asked before, I tried to search on my tablet but it kept crashing :( thanks in advance!

    An Australian honours degree is a research project year in one subject after you have completed the Bachelors degree.....some unis will give you both the Bachelors and the Bachelors (Hons) degrees (I.e. Two graduations) while others will not given you the Bachelors only the honours. You need to be in the top of the class to be allowed to get an honours post as they are limited to a specific number per department.

     

    A good honours score allows direct entry into a PhD.

  16. If this is for the Northern Territory....they are being very strict on the applicants for a 190 showing they already have ties to NT i.e. family living there or have completed some university there....applicants who cannot show this are being offered the 489 visa instead. Its seems like they have had enough of 190 applicants deciding to move to the east coast and have put in place ways to stop them "jumping state" until the two years is up.

  17. oic

     

    By the way, I'm trying to find how much it would cost to bring a parent via the 143 visa (http://www.immi.gov.au/Visas/Pages/143.aspx). I had heard it is very expensive, as it envolves paying a compensation for the costs an old person would weigh on society. However, the costs I found on this page ammount to about 3k AUD. Is that all an 143 visa would cost or is there an additional ammount?

     

    The cost is fine however, the current waiting period is over 50 years (that is not a typo)...in other words they are only processing a handful of applications per months and likely have over 10,000 in the waiting list....The expectation is that this visa will be closed off again as it was previously.

     

    The 60K visa is the parental contribution visa which is different to the cheap one

  18. Am I astonishingly dumb or does the following look like the answer the OP is looking for?

     

    "The Parent visa (subclass 103) lets parents live permanently in Australia if they have a child who is an Australian citizen, permanent resident or eligible New Zealand citizen who is settled in Australia.Most applicants must be sponsored by their child. The sponsor needs to have lived lawfully in Australia for the two years immediately before the application is lodged."

     

    http://www.immi.gov.au/Visas/Pages/103.aspx

     

    She fails on the Balance of Family test as she has three children and only one is a resident of Australia.

  19. Also we wouldn't be interested in the benefits system we don't use it here either.

     

    It doesnt matter if you dont plan to use any benefits...you legally will be able to and you cannot voluntarily choose not to ever take it. The real problem is I doubt that the Australian government will count any of your Biological family as your family anyway if the adoption was legal.

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