gary24 Posted October 31, 2016 Share Posted October 31, 2016 Hi, My situation is as follows - I am 39 years old, currently in India and applying for 457 through my new company. The company will sponsor my and entire family's visa. I intend to also bring my father who's 75 years old, widowed, lives with me and dependent on me as I'm the sole living relative. However, he has a health condition called Chronic Obstructive Pulmonary Disease (COPD). I haven't applied for him yet but fear that his case may not go through smoothly. Can I request recommendation on a path forward? First, Should I apply for my own application first and then dependents (father, wife ,daughter) or all together given "one fail all fail" rule? Does the rule apply to 457? Second, what are the possible options I have to get my Father's visa under 457 in case a significant health condition is determined such as health waiver. I understand that the only health waiver in such situation is 4006a where my employer would have to give an undertaking. Is that correct or are there other avenues? How doable it is for him to get this waiver or go through an appeal process? I am prepared to make adequate funding arrangement and bear his medical costs directly. However, I am not sure whether my company would give the requisite undertaking via PIC 4006. Third, if 457 fails, is there a possibility that I apply for PR soon via 189 while I'm on 457 in Australia and get my father via a Contributing Aged parent visa? I am given to understand that health waiver is generally not feasible in this category except for what is called "substituted 600" visitor visa Many thanks for your kind advice, Gary Link to comment Share on other sites More sharing options...
Raul Senise Posted October 31, 2016 Share Posted October 31, 2016 Hi, My situation is as follows - I am 39 years old, currently in India and applying for 457 through my new company. The company will sponsor my and entire family's visa. I intend to also bring my father who's 75 years old, widowed, lives with me and dependent on me as I'm the sole living relative. However, he has a health condition called Chronic Obstructive Pulmonary Disease (COPD). I haven't applied for him yet but fear that his case may not go through smoothly. Can I request recommendation on a path forward? First, Should I apply for my own application first and then dependents (father, wife ,daughter) or all together given "one fail all fail" rule? Does the rule apply to 457? Second, what are the possible options I have to get my Father's visa under 457 in case a significant health condition is determined such as health waiver. I understand that the only health waiver in such situation is 4006a where my employer would have to give an undertaking. Is that correct or are there other avenues? How doable it is for him to get this waiver or go through an appeal process? I am prepared to make adequate funding arrangement and bear his medical costs directly. However, I am not sure whether my company would give the requisite undertaking via PIC 4006. Third, if 457 fails, is there a possibility that I apply for PR soon via 189 while I'm on 457 in Australia and get my father via a Contributing Aged parent visa? I am given to understand that health waiver is generally not feasible in this category except for what is called "substituted 600" visitor visa Many thanks for your kind advice, Gary There could be serious consequences if this matter is not researched carefully and a specific visa strategy determined from the start. I strongly advise you to obtain professional advice specific to you and your family. Trying to base your decisions on basic information from a public forum could be disastrous. Link to comment Share on other sites More sharing options...
George Lombard Posted October 31, 2016 Share Posted October 31, 2016 Hi Gary, The 457 visa is not affected by the "one fails, all fail" rule and given that the health criteria for that visa only apply to the period of the visa, you should be able to bring your father with you. It's also possible for you to enter into an indemnity with your employer with respect to PIC 4006A if necessary. On the other hand, COPD is likely to significantly impact any possible permanent visa application and you should be aiming at a waiver through the subclass 186 temporary residence transition pathway, which may be complex. Good luck! Cheers, George Lombard Link to comment Share on other sites More sharing options...
wrussell Posted November 6, 2016 Share Posted November 6, 2016 I am currently researching the implications of this: Effective from 19 November 2016. This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act. General rule (2) A person is a member of the family unit of another person (the family head) if the person: (a) is a spouse or de facto partner of the family head; or (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: (i) has not turned 18; or (ii) has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or (iii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or © is a dependent child of a person who meets the conditions in paragraph (b). This subregulation has effect subject to the later subregulations of this regulation. They have lowered the age to 23 and excluded most dependant relatives, other than children and spouses. Protection visa applicants can still include other relatives. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted November 14, 2016 Share Posted November 14, 2016 I am currently researching the implications of this: Effective from 19 November 2016. This regulation has effect for the purposes of the definition (the main definition) of member of the family unit in subsection 5(1) of the Act. General rule (2) A person is a member of the family unit of another person (the family head) if the person: (a) is a spouse or de facto partner of the family head; or (b) is a child or step‑child of the family head or of a spouse or de facto partner of the family head (other than a child or step‑child who is engaged to be married or has a spouse or de facto partner) and: (i) has not turned 18; or (ii) has turned 18, but has not turned 23, and is dependent on the family head or on the spouse or de facto partner of the family head; or (iii) has turned 23 and is under paragraph 1.05A(1)(b) dependent on the family head or on the spouse or de facto partner of the family head; or © is a dependent child of a person who meets the conditions in paragraph (b). This subregulation has effect subject to the later subregulations of this regulation. They have lowered the age to 23 and excluded most dependant relatives, other than children and spouses. Protection visa applicants can still include other relatives. @wrussell - curious to know if this is as black & white as it appears - a parent could no longer be dependent except on a limited number of visas, e.g. protection visas ? Link to comment Share on other sites More sharing options...
George Lombard Posted November 15, 2016 Share Posted November 15, 2016 Hi All, Yes I have confirmed with the MIA this morning that the change will effectively remove parents, other aged relatives, and children over 22 from the definition of "Member of the Family Unit". See http://www.border.gov.au/News/Pages/member-of-the-family-unit-changes.aspx . FWIW there was a complete absence of consultation on this one, perhaps they thought that they'd get away with it with all the publicity over the US solution for refugee resettlement. This might be the kind of regulation which the Senate chooses to disallow, but until then it's going to be the law from midnight on Friday. Cheers, George Lombard Link to comment Share on other sites More sharing options...
wrussell Posted November 18, 2016 Share Posted November 18, 2016 Thank you George. I had reached pretty much the same conclusion. Link to comment Share on other sites More sharing options...
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