Yong Tau Foo Posted February 25, 2015 Share Posted February 25, 2015 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! Link to comment Share on other sites More sharing options...
scattley Posted February 25, 2015 Share Posted February 25, 2015 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. Link to comment Share on other sites More sharing options...
Yong Tau Foo Posted February 25, 2015 Author Share Posted February 25, 2015 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. Dear Scattley, Thank you for your reply. I was worried about this also. However, when her family first lodged the application that was inEnd of 2012 - my gf declared Single because we were just dating and didnt live tgt yet. Until End of 2013 she moved in to live with me and was granted the visa late 2014. So im still not sure if she has breached the requirement, because: 1st - it was not mentioned in the immigration booklet that the dependent child must be single for the whole process 2nd - it would not be sensible to expect things not changing, including relationship of anyone. So i guess it would only matter that she is Single at the moment they lodge the application. Link to comment Share on other sites More sharing options...
Yong Tau Foo Posted February 25, 2015 Author Share Posted February 25, 2015 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. Link to comment Share on other sites More sharing options...
Nemesis Posted February 25, 2015 Share Posted February 25, 2015 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. Surely thats a change of crcumstances though, which would mean DIBP should have been notified when she ceased to be dependent? Link to comment Share on other sites More sharing options...
engaus Posted February 25, 2015 Share Posted February 25, 2015 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 CO follows regulations - not short explanations from a partner visa book. And I can't see where in the paragraph you posted that it says "at time of application" - this would be stipulated in the regulations - which the CO follows. I would be absolutely baffled if the IMMI department didn't make that a requirement at time of grant. After the hoops we had to jump through it would anger me that someone who wasn't dependent like they declared (for the entire duration up until they moved to Australia) was granted a permanent visa and allowed to sponsor a spouse as easy as that! I would suggest speaking to a MARA agent who can give you the info as per the regulations. If what she has done is against regulations then she has obtained a visa fraudulently and it will put your partner and her mother at risk of having their visa cancelled I would think. Link to comment Share on other sites More sharing options...
lebourvellec Posted February 25, 2015 Share Posted February 25, 2015 Dear Scattley, Thank you for your reply. I was worried about this also. However, when her family first lodged the application that was inEnd of 2012 - my gf declared Single because we were just dating and didnt live tgt yet. Until End of 2013 she moved in to live with me and was granted the visa late 2014. So im still not sure if she has breached the requirement, because: 1st - it was not mentioned in the immigration booklet that the dependent child must be single for the whole process 2nd - it would not be sensible to expect things not changing, including relationship of anyone. So i guess it would only matter that she is Single at the moment they lodge the application. Dependancy is assessed at time of decision, not when application is lodged, therefore both her mother and g/f will have provided misleading information and DIBP could seek to cancel their visas. They should take professional advice before applying for applying for a prospective marriage visa. Link to comment Share on other sites More sharing options...
scattley Posted February 25, 2015 Share Posted February 25, 2015 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). Link to comment Share on other sites More sharing options...
scattley Posted February 25, 2015 Share Posted February 25, 2015 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) Link to comment Share on other sites More sharing options...
Raul Senise Posted February 25, 2015 Share Posted February 25, 2015 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. Considering the possible ramifications for you, your partner and even her family, you should not relay on snippets of information from a booklet or general advice from a forum. This is an issue which would require careful assessment of the “time of application” and “time of decision” criteria as stipulated by the Regulations for the particular visa which your partner was granted, along with an assessment of your relationship and visa options. Link to comment Share on other sites More sharing options...
Ozmaniac Posted February 26, 2015 Share Posted February 26, 2015 You should consult a good RMA (such as @Raul Senise who has replied above). My understanding is that the child must be a 'dependent' at the time of decision as well as at the time of application for a Child visa. It is not necessary for them to still meet the time of application age requirements but all other measures of dependency still apply at the time of decision including the fact that they must not engaged to be married or have a spouse or de facto partner. If that's correct, then she should not have been granted her Child visa in the first place. You need expert professional advice from a GOOD RMA before doing anything further. Link to comment Share on other sites More sharing options...
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