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Dependant.. or not dependant??? Please help!


Guest DizzyD

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Guest DizzyD

Hi all, Random and possibly stupid question .. apologies in advance.. but how likely would it be for our 20 yr old son who is currently in employment (zero hour contact on minimum wage but usually bringing home approx £100-150 a week!) to be accepted/qualify as a part of our family PR state sponsored 190 visa application as a Dependant??? Is 18yrs the absolute official cut off/classification for dependance unless in full time education or is there a min earnings limit to 21yrs???? Any and all advice very welcome! Many Thanks x

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Hi all, Random and possibly stupid question .. apologies in advance.. but how likely would it be for our 20 yr old son who is currently in employment (zero hour contact on minimum wage but usually bringing home approx £100-150 a week!) to be accepted/qualify as a part of our family PR state sponsored 190 visa application as a Dependant??? Is 18yrs the absolute official cut off/classification for dependance unless in full time education or is there a min earnings limit to 21yrs???? Any and all advice very welcome! Many Thanks x

 

Hi, we have just gone through the same thing with our son myself my husband and youngest son all came on a 186 or 187 not to sure now and are now citizens my oldest son was 19 but in full time employment he was not allowed on our visa. We had to prove that he was completely reliant on us and was only studying which we could not do. The cut off age for dependant is 25 years old. You may have a chance as he's not on a part or full time work contract but they want full evidence of being your dependant and how you support them. We looked in to everything possible but there was nothing we could do to bring our son on our visa. We dont have any other family members close to us in UK so he had to stay for a while. He is now living with us here in Australia he came in a working holiday visa as we are now citizens we were able to sponsor him on a remaining relative visa but he has to be your last remaining relative in UK no other siblings are step parents can be there for him to be sponsored. And the wait for the visa grant is showing 56 years at the moment but they have put my son on a Bridging Visa until it is granted so he can stay here lawfully but it comes with a lot of restrictions but the only way our family can be together.

I hope some of this helps it's very daunting leaving a child behind and heart breaking but we are now happy and all together. I hope things work out for you. Debbs

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I had understood that unless a British son or daughter over 18 years old was in full time education or had some kind of disability or care needs, they would not be considered dependent. It may vary with nationals of other countries where they do not have the same welfare system, but in the UK, it is considered that they could support themselves even if they choose not to do so.

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Basically you need to show they are more dependent on you than any other source. Difficult in your circumstances but maybe not impossible. I would consult a good agent to see if it is possible and develop a visa strategy from there.

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ld

Hi all, Random and possibly stupid question .. apologies in advance.. but how likely would it be for our 20 yr old son who is currently in employment (zero hour contact on minimum wage but usually bringing home approx £100-150 a week!) to be accepted/qualify as a part of our family PR state sponsored 190 visa application as a Dependant??? Is 18yrs the absolute official cut off/classification for dependance unless in full time education or is there a min earnings limit to 21yrs???? Any and all advice very welcome! Many Thanks x

 

You seem to have been badly advised. From what you have posted there is probably a fairly straightforward solution to your issue.

May I suggest that you consult a registered migration agent to develop a strategy?

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You seem to have been badly advised. From what you have posted there is probably a fairly straightforward solution to your issue.

Now here's the thing. If migration agents only ever post to say that we are all wrong and there's an easy answer - but don't tell anyone what the answer is or why our suggestions are wrong - then we just continue to put forward the same bad suggestions over and over again.

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Can't really blame him for not posting a consultation on a forum though. He would need to know more about the circumstances to make a professional judgement.

 

Other agents are available.....................

 

But I kind of like Westly and his rather cryptic replies. He has a good reputation in complicated cases I believe.

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Other than some basic black & white questions (e.g. is Chile a high risk country, what IELTS score do I need for xxx visa, etc.) I think there is little specific information migration agents can post on a forum because so much will depend on an applicant's situation, documents, etc. If a migration agent were to simply post "yes, you can add them as long as they do X, Y and Z", some other forum member may take that as gospel and try to apply it in their situation where it simply won't work.

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there are exceptions but you must show he is dependant on you, i.e. do you pay his rent, phone bill, other bills etc?

Is that sufficient to create dependency. Wouldn't it just be said that the person has chosen to be supported in that way but could support himself if he chose?

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Guest DizzyD

Many many thanks to you all for taking the time to help. I very much appriciate all information received and am grateful for all your advice support!!

 

We have lived a nightmare 3 years. Had two agents.. the last strung us along for 14 months.. daily requests for info and massive stress.. finally issued us with visa grant last july.. we gave up fab jobs, rented out our house, sold and packed up lives.. and discovered a week before shipment of furniture that our visa grant was a fake!! (They continueto trade.. no plausible explination given.. our lives are a mess!!!) Devastation on a scale I can't articulate!!!! It's taken a year to get to lodgement point again.. and it appears this may be yet another kick in the guts we have to absorb in our quest to chase the dream and strive for a better family life - as 3 years on our son no longer meets dependancy requirements.

 

Anyway.. thanks again all x x x

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Many many thanks to you all for taking the time to help. I very much appriciate all information received and am grateful for all your advice support!!

 

We have lived a nightmare 3 years. Had two agents.. the last strung us along for 14 months.. daily requests for info and massive stress.. finally issued us with visa grant last july.. we gave up fab jobs, rented out our house, sold and packed up lives.. and discovered a week before shipment of furniture that our visa grant was a fake!! (They continueto trade.. no plausible explination given.. our lives are a mess!!!) Devastation on a scale I can't articulate!!!! It's taken a year to get to lodgement point again.. and it appears this may be yet another kick in the guts we have to absorb in our quest to chase the dream and strive for a better family life - as 3 years on our son no longer meets dependancy requirements.

 

Anyway.. thanks again all x x x

Did you see the reply from Westly Russell above?

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Many many thanks to you all for taking the time to help. I very much appriciate all information received and am grateful for all your advice support!!

 

We have lived a nightmare 3 years. Had two agents.. the last strung us along for 14 months.. daily requests for info and massive stress.. finally issued us with visa grant last july.. we gave up fab jobs, rented out our house, sold and packed up lives.. and discovered a week before shipment of furniture that our visa grant was a fake!! (They continueto trade.. no plausible explination given.. our lives are a mess!!!) Devastation on a scale I can't articulate!!!! It's taken a year to get to lodgement point again.. and it appears this may be yet another kick in the guts we have to absorb in our quest to chase the dream and strive for a better family life - as 3 years on our son no longer meets dependancy requirements.

 

Anyway.. thanks again all x x x

 

wow. I can only assume that agent was not MARA registered. What a mess, no wonder you are wary of approaching an agent. However you do need to get some advice on this.

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wow. I can only assume that agent was not MARA registered.

I believe the agent was MARA registered. Using an agent sometimes seems to work and sometimes it doesn't. This case was reprehensible and I think at least one of the agents on this site (was it Westly) offered to have a free conversation to see whether anything could be done. I assume it can't - if an adult child is no longer dependent, he is no longer dependent. All the agents in the world would not be able to change that fact.

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Many many thanks to you all for taking the time to help. I very much appriciate all information received and am grateful for all your advice support!!

 

We have lived a nightmare 3 years. Had two agents.. the last strung us along for 14 months.. daily requests for info and massive stress.. finally issued us with visa grant last july.. we gave up fab jobs, rented out our house, sold and packed up lives.. and discovered a week before shipment of furniture that our visa grant was a fake!! (They continueto trade.. no plausible explination given.. our lives are a mess!!!) Devastation on a scale I can't articulate!!!! It's taken a year to get to lodgement point again.. and it appears this may be yet another kick in the guts we have to absorb in our quest to chase the dream and strive for a better family life - as 3 years on our son no longer meets dependancy requirements.

 

Anyway.. thanks again all x x x

 

I have just read some of your old posts and you have been through the wringer with all this. You are very unlucky that it has been so hard in your case, through bad migration agents. But there are some good ones too. I guess you need to follow up the rather cryptic message from one agent on this thread, who has alluded that there may be a way for your 20 year old son. I do hope he doesn't mean he could get a working holiday visa, but I guess you need to try and find out what he does mean. Like others on the thread, I thought a 20 year old not in full time education would have a slim chance of being deemed dependent, but you must make sure.

 

I guess the only other thing I wanted to say, is that, should you decide not to or be unable to pursue this further, you need to find peace within yourselves and move on. You could get so fixated on this move that you think it is going to be the panacea to everything and that it will bring a better family life and so on. But Australia does not mean better family life, that is all down to you and you are still in control.

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Hi, we have just gone through the same thing with our son myself my husband and youngest son all came on a 186 or 187 not to sure now and are now citizens my oldest son was 19 but in full time employment he was not allowed on our visa. We had to prove that he was completely reliant on us and was only studying which we could not do. The cut off age for dependant is 25 years old. You may have a chance as he's not on a part or full time work contract but they want full evidence of being your dependant and how you support them. We looked in to everything possible but there was nothing we could do to bring our son on our visa. We dont have any other family members close to us in UK so he had to stay for a while. He is now living with us here in Australia he came in a working holiday visa as we are now citizens we were able to sponsor him on a remaining relative visa but he has to be your last remaining relative in UK no other siblings are step parents can be there for him to be sponsored. And the wait for the visa grant is showing 56 years at the moment but they have put my son on a Bridging Visa until it is granted so he can stay here lawfully but it comes with a lot of restrictions but the only way our family can be together.

I hope some of this helps it's very daunting leaving a child behind and heart breaking but we are now happy and all together. I hope things work out for you. Debbs

 

Good to here your boy has finally been able to join you Debbs

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Guest DizzyD

Once again a huge thanks to people for taking the time to respond. This website is such a fantastic resource and support network - you're never quite alone!! ☺ Cheers all x

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Once again a huge thanks to people for taking the time to respond. This website is such a fantastic resource and support network - you're never quite alone!! ☺ Cheers all x

 

Some notes, not considered professional advice:

 

To qualify as a dependant an adult applicant must be a family member (as defined) living in the household of the primary visa applicant and dependent upon the primary applicant for the basic necessities of life.

 

Whether a person chooses to become a dependent is not a criterion.

 

It is not possible to add a dependant to a finalised visa application, but it is possible to remove one from an unfinalised visa application and avoid the 'one fails, all fail' criterion in cases where the dependant fails to meet the public interest criteria (medical and/or police).

 

If an adult dependant leaves home and is working, acceptable evidence is needed.

 

The last such case I was involved in concerned an adult dependant who was found to be HIV+ but had left home and was working before the time of visa decision. Dependency is a time of decision criterion.

 

The remaining applicant were granted visas. I should have billed them for the advice. The rules for spouses and children and adult dependent students are different from those mentioned above.

 

If you were dealt with by an unregistered agent in the manner described, blame the minister for letting them operate.

 

If a registered migration agent acted in the manner described a complaint to the OMARA would be in order.

]

The OMARA cannot order money returned , but RMAs must hold professional indemnity insurance that might benefit you.

 

Some organisations retain the services of a RMA as a 'consultant' and publish OMARA registration details on their websites as window dressing, but the RMA is not handling the case and might not know anything about it.

 

If you want me to have a look at your case to see what I can advise, let me know. There is a link in my signature.

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Hi i felt the need to reply to this thread as iam currently going through this exact situation. My son turned 18 in feb and has NOW chosen to join us!!!! Yes im hitting my head against a brick wall in frustration at him! If only he had decided 6 mths ago my life would be soooooo much easier right now!

 

Hence it is not! NOw our original visa was very complicated and i managed to do it myself but this time around it will take some considerable knowledge of migration and know how of loops and holes that exist so i have taken on Westly to sort this for us. And i can honestly say in about 3 days he came up with a strategy for us. Unfortunately due to being over 18 it is not the cheapest route, but it is a route none the less. I would certainly advise you give westly a call

 

Goodluck

Kelly

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