Addition of Newborn and mother to Skilled - (VE 176 ) sponsored visa, help needed ASAP

[benny2009]

Hello everybody

 

I have already lodged my 176 Skilled sponsored few years back. I recently requested DIMIA to add my newborn and now widowed mother to my application.

 

 

DIMIA replied back in a letter stating that I needed to send them my newborn's birth certificate and passport copy which is not a problem. However, regarding addition of my mother, they state she can only be added as a Non-Migrating family member and is not eligible for the grant of a subclass Skilled - (VE 176) Independant visa as per migration Regulation 2.08A.

 

It also sates that if I wish to add my mother as a non migrating family member, I should send them her passport copy also.

The letter further states, I draw your attention to Regulation 2.08A - Addition of certain applicants to certain applications for permanent visas.

 

2.08A (1) If:

 

(a) a person (in this regulation called the original applicant) applies for a permanent visa of a class for which Schedule 1 permits combined applications; and

(b) after the application is made, but before it is decided, the Minister receives, in writing in accordance with Division 2.3, a request from the original applicant to have:

(i) the spouse or de facto partner; or

(ii) a dependent child;

of the original applicant (the additional applicant) added to the original applicant's application;

and

© the request includes a statement that the original applicant claims that the additional applicant

is:

(i) the spouse or de facto partner; or

(ii) a dependent child;

as the case requires, of the original applicant; and

(d) at the time when the Minister receives the request, the additional applicant satisfies the provisions of Schedule 1 that relate to the whereabouts of an applicant at the time of application

and apply to a visa of the same class;

then:

(e) the additional applicant is taken to have applied for a visa of the same class; and

(f) the application of the additional applicant:

(i) is taken to have been made at the time when the Minister receives the request; and

(ii) is taken to be combined with the application of the original applicant; and

(iii) is taken to have been made at the same place as, and on the same form as, the application

of the original applicant.

 

(2) Despite any provision in Schedule 2, the additional applicant:

(a) must be, at the time when the application is taken to be made under subparagraph (1)(f)(i),

a person who satisfies the applicable secondary criteria to be satisfied at the time of application;

and

(b) must satisfy the applicable secondary criteria to be satisfied at the time of decision.

(2A) Subregulations (1) and (2) do not apply to an applicant for:(b) a Skilled — Independent Overseas Student (Residence) (Class DD) visa; or

© a Skilled — Australian-sponsored Overseas Student (Residence) (Class DE) visa; or

(f) a Skilled (Residence) (Class VB) visa.

As specified in Regulation 2.08A (2A) an additional applicant cannot be added to a Skilled (Residence) (Class VB) visa application.

 

I am a little confused by this, can somebody please advise me on what this means? Can I add my mother to the application or not and can it affect/ jeopardise my application?

[MovingtoTasmania]

Having read it, it looks like it means that you can add a spouse/de facto partner or dependent child (or dependent child of your spouse/de facto partner) to your application as long as the Minister agrees. You can't add anyone else.

 

As specified in Regulation 2.08A (2A) an additional applicant cannot be added to a Skilled (Residence) (Class VB) visa application.

This is the pertinent sentence. Your mum is neither your spouse, de facto partner or dependent child (or dependent child of your spouse/de facto partner) so therefore can't be added to your application.

[wrussell]

There is more to this than you have been advised by the department, or here. May I suggest that you to run your case past a registered migration agent for advice about strategy?

[benny2009]

Hi thanks for your reply. What I don't understand is why haven't they made it clear in the letter that my mother cannot be added because of so snd so.....also why state that i should send them a copy of her passport if I want to add her as a non migrating family member, why give me that option?

 

Also, my visa class is VE 176 skilled sponsored not a a Skilled (Residence) (Class VB) visa.

Whats your take on that?