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I am in the earliest stages of thinking about a move to Australia. At this stage I would like to know if it is actually even possible. Any help would be much appreciated.

 

My family circumstances are very complicated. I am a 24 year old female, my mother and father have both died. As a consequence I am the legal guardian for my 16 year old brother. However, I also have another brother for whom I have power of attorney as he is severely autistic. He is entirely dependent on me.

 

Where do I stand in terms of visas? If I can get one, which I've been told I can, are they entitled to just come along too? Or is that totally naive? By the time we might move I think my younger brother will probably be 18 too. He is also autistic and dependent though, so I am assuming his case will be similar to my elder brother?

 

So, I guess my question is how do visas work if you want to bring a dependent adult rather than child? Equally, is there any problem getting a visa for disabled people?

 

Thanks in anticipation of any help or advice

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Hi there

I think you need advice from a registered migration agent on this one. Hopefully someone will be along soon who knows. My initial reaction is that is wouldn't be possible, but that is just based on someone I know here who is high functioning autistic and who has been refused a visa, despite being very capable and having very capable parents.

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There are unfortunately a lot of problems getting visas for disabled people. I know someone whose visa was denied due to his daughter's Aspergers. You should speak with a migration agent (George Lombard and Peter Bollard are well known for specialising in cases involving health issues).

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If you have a dependent relative who is a member of your family unit who does not pass the public interest (health) criterion you will be refused a permanent visa, even if this dependant is not applying to migrate.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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I am in the earliest stages of thinking about a move to Australia. At this stage I would like to know if it is actually even possible. Any help would be much appreciated.

 

My family circumstances are very complicated. I am a 24 year old female, my mother and father have both died. As a consequence I am the legal guardian for my 16 year old brother. However, I also have another brother for whom I have power of attorney as he is severely autistic. He is entirely dependent on me.

 

Where do I stand in terms of visas? If I can get one, which I've been told I can, are they entitled to just come along too? Or is that totally naive? By the time we might move I think my younger brother will probably be 18 too. He is also autistic and dependent though, so I am assuming his case will be similar to my elder brother?

 

So, I guess my question is how do visas work if you want to bring a dependent adult rather than child? Equally, is there any problem getting a visa for disabled people?

 

Thanks in anticipation of any help or advice

 

If you qualify for a visa, then there shouldn't be too many problems bringing the younger brother as you are his guardian and he is only 16. The trouble is the older brother and there is a bit of a catch 22 in that if his autism is enough to be deemed dependent on you then it very possibly will also mean he is too dependent upon you to pass the medical. In which case no visa for anybody.

 

Sorry that is not more positive. And I have to just say what a selfless person you are, this is a lot of responsibility to bear and I am sitting here feeling more than a little humbled.

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It is very difficult to get visas when one family member has a disability. Two family members with a disability, both of whom would have lifelong dependency, would probably be impossible unless you were marrying an Australian - and even then severely difficult.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Get you pr for yourself and younger brother ASAP before he 18, your other brother could get a years working holiday visa so you can all enter the country together then get yourself a lawer when there. Much better to be in the country arguing his case to stay?

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Get you pr for yourself and younger brother ASAP before he 18, your other brother could get a years working holiday visa so you can all enter the country together then get yourself a lawer when there. Much better to be in the country arguing his case to stay?

Hmmmm. I'd run that past a migration agent before I tried it.


Feb 2010 Prospective Marriage Visa | Nov 2010 Temporary Partner Visa | Nov 2012 Permanent Partner Visa | Jan 2015 Australian Citizenship

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Get you pr for yourself and younger brother ASAP before he 18, your other brother could get a years working holiday visa so you can all enter the country together then get yourself a lawer when there. Much better to be in the country arguing his case to stay?

 

Not the best advice.

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Get you pr for yourself and younger brother ASAP before he 18, your other brother could get a years working holiday visa so you can all enter the country together then get yourself a lawer when there. Much better to be in the country arguing his case to stay?

 

Terrible advice, let me explain...

 

Her brother is dependent, to say he is not is a lie on a visa application first of all and all visas could be cancelled if they are found to be fraudulent. But say they do this and brother comes on a WHV and then what? Argue what case to stay later on? He won't have a case. He is not deemed dependent by now and he is not in a skilled occupation, I can't see a path for him. The other very significant factor is the turmoil upon somebody with severe autism, typically the brothers will require routine and familiarity, being in a foreign country with an uncertain future will not be good for his well being.

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Yes, not to mention as soon as he applies for a whv he isn't counted as dependent any more.


Has two beautiful Aussie little girls :-)

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You need to take advice from a registered migration agent, also if you live in a country with a wealfare system you may find it difficult to prove eligibility for siblings over 18.

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