Parent visa - include dependents

[hungvn89]

Good afternoon, my parents wish to include my brother as dependents on their contributory parent visa (173/143).

 

They plan to apply in 12/2017, as I will satisfy the sponsor's residence requirement by that time.

 

The only problem is the recent change to the definition of family unit on 19 November

 

https://www.border.gov.au/Trav/Visa/Incl

 

By the look of at, dependent children over 23 cannot be included. Now it gets complicated as my brother will be under 23 years old at time of application (12/2017) but will turn 23 when the visa is decided/finalized (estimated to be in 2020).

 

I would really appreciate if anyone know if dependent's age requirement applied at visa decision/finalization stage? For skill migration, the age requirement/point applies at the time invite is received. However, parent visas could be a different matter.

[Tulip1]

Will he still be in full time education by then?

[hungvn89]

Yes, I would expect he is still studying, living with parents and receiving monthly living allowance from them.

 

I consulted a registered migration agent and received advice that the rule would apply at time of decision for parent visa.

 

This morning, I called DIBP and the lady on phone said the rule would apply at time of application for parent visa. I did describe the possible case in detail, in which the dependent is 21 yo at time of application, but may be over 23 yo if it takes 3 years to process the parent visa (which it is right now).

 

I know advice from DIBP is more reliable but it is verbal advice. Is there any way I could get a written (by email at least) to my query from DIBP?