Benjafield17 Posted February 8, 2018 Share Posted February 8, 2018 Hi, I am currently looking into migrating my family to Australia. I am an Australian Citizen, I have been with my British wife for 10 years, married for 5 years. My wife had 2 children when I met her and we have twin daughters together. The age of our children are 18, 15, 6 and 6. I need some clarification on the Dependent Child Visa regarding our 18 year old? She lives with us full-time and always has, she is currently unemployed, this is only recent though as from Feb 17 till Feb 18 she was working as an apprentice and earned around £120 p/w. She does still depend on us in terms of accommodation, food, clothes etc etc but has had a job in the recent past. Has anyone recently gone through a over 18 Dependent Child application that can help me? Basically we all go or its a no go, I just find it hard to believe that if she doesn't qualify then there is no other way for me to move my family over just because she turned 18 in September. Many thanks Ryan Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 I don't think it's just the fact that she turned 18, but that she was out working, even though it was an apprenticeship. Had she been at university or collage she would have been classed as being fully dependent, but unfortunately I think that this will no longer be the case because of the work she has done. I'm happy to be corrected though, by someone who knows a bit more about it than I do. Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 Thanks for your reply, it state on the conditions that we would need to prove that she has been wholly or substantially dependent on us finacially for basic needs of shelter, food and clothes for a period of time (usually 12 months). Technically she has, she lives with us, eats our shopping, i pay for a phone for her and have bought her clothes. £130p/w is hardly being financially independent right?? Can' imagine too many people surviving on their own with that salary. Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 I think the trouble comes because the UK has a welfare system, theoretically meaning that someone who has worked would be entitled to some level of support when out of work, if that makes sense. I completely agree with you, it isn't enough to live on, but I suspect that that is what the rules are. I think it is because she has proven herself to be able to physically and cognitively work, even if that work didn't really earn her a living wage. Quote Link to comment Share on other sites More sharing options...
VERYSTORMY Posted February 8, 2018 Share Posted February 8, 2018 It is usually very difficult to prove a child over 18 who is not in full time education is dependent. For example, my neighbours in Australia were a family on a 457 visa and applied for PR. They had a kid who was now over 18 by the time of application and working but still living at home. His application was refused even though he was already living in Australia with his family. Also, if your wifes first two children were born in the UK she may need permission from the father or a court order to remove them I would seek a good agent to assist. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 (edited) 4 hours ago, Benjafield17 said: Thanks for your reply, it state on the conditions that we would need to prove that she has been wholly or substantially dependent on us finacially for basic needs of shelter, food and clothes for a period of time (usually 12 months). Technically she has, she lives with us, eats our shopping, i pay for a phone for her and have bought her clothes. £130p/w is hardly being financially independent right?? Can' imagine too many people surviving on their own with that salary. Agree, she would struggle to live on her own earning that. However as has been said, she wouldn't need to as the benefit system would kick in and pay for most of her rent/council tax as a top up. On a separate note, if she is earning £120 per week, she surely shouldn't be expecting others to pay for her phone and buy her clothes, she should certainly be doing that herself. Adult earners, even low earners shouldn't get a free ride. You may be able to (at a push) say she was dependent on you for shelter but someone earning about £500pm could buy their own food and clothes. Families with children often have less than that a month to live on after bills. Why oh why didn't you get this in the bag 18 months ago? Also as has been mentioned, your wife would need permission from their father to remove them from the uk (or certainly the younger one, the 18 year old can decide for herself). Assume she's looking for another job now then? I think you've left it too late. Edited February 8, 2018 by Tulip1 Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 No dramas with their dad, he wants them to go for a better life, we just werent at this stage 18 months ago. Circumstances have changed and now we want to. Just to point out 12 months ago she'd have still been working the same job but only 17yo.......that would be fine though??? Thats Just crazy, we're a family of 6 but only 5 of us can go. The fact that we all live together as a family should count for something, it' not like im trying to get her a permanent visa whilst the rest of us stay here. It is unreal. Not many kids leave home at 18 these days. Quote Link to comment Share on other sites More sharing options...
J-J Posted February 8, 2018 Share Posted February 8, 2018 3 hours ago, VERYSTORMY said: For example, my neighbours in Australia were a family on a 457 visa and applied for PR. They had a kid who was now over 18 by the time of application and working but still living at home. His application was refused even though he was already living in Australia with his family. Know of a very similar story to this. Family of 4 and the father was sponsored on a 457 to move out there, at the time the kids were under 18. The sponsorship came up for renewal / change of company and because at this point the kids were over 18 and working (all be it in not great jobs) they couldn't get a visa. Out of interest what work was the 18 YO doing? Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 Apprentice business admin. Credit control Quote Link to comment Share on other sites More sharing options...
nicola75 Posted February 8, 2018 Share Posted February 8, 2018 I'm not an expert but didn't the rule change last year for 18 - 21 year olds and housing benefit. The understanding was that they were "expected" to stay at home and couldn't decide to move out and receive help with rent unless there was mitigating circumstances. Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 2 minutes ago, nicola75 said: I'm not an expert but didn't the rule change last year for 18 - 21 year olds and housing benefit. The understanding was that they were "expected" to stay at home and couldn't decide to move out and receive help with rent unless there was mitigating circumstances. That's only on the UK benefit system though. The Australian visa rules won't have changed because of that. Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 I just cant believe there is no way or my stepdaughter to move to Australia with me now that she has turned 18. There is options for grand parents, parents etc but not your daughter if she's 18. Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 I really need someone thats been through this to give some advice. It clearly states wholly or substantially Dependant, that really needs clarification. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 (edited) 20 minutes ago, nicola75 said: I'm not an expert but didn't the rule change last year for 18 - 21 year olds and housing benefit. The understanding was that they were "expected" to stay at home and couldn't decide to move out and receive help with rent unless there was mitigating circumstances. Well if her family moved to the other side of the world it would be mitigating circumstances. Edited February 8, 2018 by Tulip1 Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 (edited) 14 minutes ago, Benjafield17 said: I really need someone thats been through this to give some advice. It clearly states wholly or substantially Dependant, that really needs clarification. I would suggest contacting a migrant agent, there are some excellent ones on here. At least you'll know for sure. If it's possible they will help you but I cannot see how when she's been out of education for over a year. I assume she's job hunting again? Did the apprenticeship not work out? Edited February 8, 2018 by Tulip1 1 Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 18 minutes ago, Benjafield17 said: I just cant believe there is no way or my stepdaughter to move to Australia with me now that she has turned 18. There is options for grand parents, parents etc but not your daughter if she's 18. But remember the visas for parents and grandparents can be either hideously expensive or with very long (50+ year) processing times (hence never actually granted). Have a chat with a migration agent to see if there is a way, but I suspect at this point she'd need to qualify on her own merits. Does she have a career in mind? Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 14 minutes ago, Tulip1 said: Well if her family moved to the other side of the world it would be mitigating circumstances. But that ruling is within the UK benefit system, meaning the mitigating circumstances would apply to UK housing benefits but would have nothing to do with Australian visas. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 24 minutes ago, Benjafield17 said: I just cant believe there is no way or my stepdaughter to move to Australia with me now that she has turned 18. There is options for grand parents, parents etc but not your daughter if she's 18. No option for grandparents and parents can only move in certain circumstances and they have to get the visa in their own right, not be on someone elses. Occasionally a parent can be on a visa of their child's, but only when it can be proven they are wholly dependent on their child which is sometimes the case in other countries. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 2 minutes ago, LKC said: But that ruling is within the UK benefit system, meaning the mitigating circumstances would apply to UK housing benefits but would have nothing to do with Australian visas. Of course not. I got the impression someone had suggested she couldn't apply for financial help meaning she cannot be classed as independent. I was saying she could get housing benefit etc at her age if she was unable to live with her parents which of course would be the case if they moved. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted February 8, 2018 Share Posted February 8, 2018 36 minutes ago, Benjafield17 said: I just cant believe there is no way or my stepdaughter to move to Australia with me now that she has turned 18. There is options for grand parents, parents etc but not your daughter if she's 18. Have you looked at the options for parents and grandparents? They cost thousands of dollars, so they're out of reach for the average family. Essentially they're no easier than taking your daughter. Quote Link to comment Share on other sites More sharing options...
LKC Posted February 8, 2018 Share Posted February 8, 2018 14 minutes ago, Tulip1 said: Of course not. I got the impression someone had suggested she couldn't apply for financial help meaning she cannot be classed as independent. I was saying she could get housing benefit etc at her age if she was unable to live with her parents which of course would be the case if they moved. Sorry, read it the wrong way. Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 So what if she went back to college? Fulltime Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 8, 2018 Share Posted February 8, 2018 Quote I just cant believe there is no way or my stepdaughter to move to Australia with me now that she has turned 18. There is options for grand parents, parents etc but not your daughter if she's 18. Have you consulted a registered migration agent? Quote Link to comment Share on other sites More sharing options...
Benjafield17 Posted February 8, 2018 Author Share Posted February 8, 2018 Not officially. I did via email, he gave me a brief guideline but only as much as i got off the website regarding wholly or substantially dependent then his prices for initial consultation. No one really seems to be able to describe the difference between wholly and substantially all the correspondences refer only to wholly so far Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted February 8, 2018 Share Posted February 8, 2018 54 minutes ago, LKC said: Sorry, read it the wrong way. No problem LKC 1 Quote Link to comment Share on other sites More sharing options...
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