dependent over 18 visa 143/173

[sh aron]

Hi 

if you are  adult dependent on Visa 143 /173  please share your experiences here .

thanks

[Ferrets]

15 hours ago, sh aron said:

Hi 

if you are  adult dependent on Visa 143 /173  please share your experiences here .

thanks

Hi there,

I think this is an area where these is not so much experience as most children in the UK finish full time education by 21/22 and therefore don't meet the definition of dependent, even if they still receive support from their parents and live at home.

My understanding in this area (and happy to be wrong - so don't take this as advice);

• Dependent children in full time education used to be recognised up to age 25 by DIBP
• This was changed to 23 a year or so ago
• DIBP take the age at time of processing not application
• Any exception for dependency is based on other needs such as disability

In this area you really need to speak to one of the MARA agents who regularly post here @wrussell @Alan Collett @Raul Senise @George Lombard as rules have changed since some applications were posted and in this are you need advice that is bespoke to your circumstances.  

The cost of this advice is negligible in comparison to a rejected visa application! 

[Marisawright]

I think some of the confusion arises because of cultural differences.  Children do stay at home longer in some cultures, but just because you live at home, it does not mean you are "dependent". 

"Dependent" means that you are unable to earn your own living, so your parents must pay for everything.  Up until the age of 23, you are allowed to say, "I am unable to work because I am studying".   After the age of 23, that reason is no longer accepted.  You have to prove that you are physically unable to work, or mentally incapable.

Here are the official rules from the Home Affairs website.  A child will be accepted as a "dependent child" ONLY if the child is:

• under 18 years of age   OR
• over 18 years of age but not yet turned 23, and be dependent on you or your partner  OR
• over 23 years of age and be unable to earn a living to support themselves due to physical or cognitive limitations and be dependent on you or your partner (Note: The child will still need to meet Australia’s health requirement)

 

 

 

Edited May 6, 2018 by Marisawright

[wrussell]

Under the current regulations dependent children up to 25 years of age who are in full time study (and meet other relevant conditions) are ok and will not be adversely affected by age changes during visa processing.  Other dependent members of the family unit must be under 23 years of age.

May I suggest that you consult a registered migration agent about visa strategy?

[Marisawright]

13 minutes ago, wrussell said:

Under the current regulations dependent children up to 25 years of age who are in full time study (and meet other relevant conditions) are ok and will not be adversely affected by age changes during visa processing.  Other dependent members of the family unit must be under 23 years of age.

May I suggest that you consult a registered migration agent about visa strategy?

To be clear, are you saying that applications currently in the system with children under 25 should be OK?   Do people who are applying now have to comply with the lower age for all children?

Does the age limit apply to the time of application, or the time of grant?

 

Edited May 6, 2018 by Marisawright

[wrussell]

I was referencing a child visa, subclass 101, to which the following apply:

Under 101.221(2)(a)(ii) and 101.221(2)(b), provided the (adult) applicant was under 25 years old at the time of application, they are to be assessed at time of decision as if still under the age of 25.

In other words, the upper age limit will not apply in these circumstances. However, the applicant must continue to satisfy 101.211 (dependent child requirements) and 101.213 (relationship, work and study requirements).

 

[sh aron]

2 hours ago, Marisawright said:

To be clear, are you saying that applications currently in the system with children under 25 should be OK?   Do people who are applying now have to comply with the lower age for all children?

Does the age limit apply to the time of application, or the time of grant?

 

at time of applying its 23 but at time of decision it is unclear

[LindaH27]

Isn’t a child visa 101 different from being added as a dependant on visa 143?? 

I thought 101 visa was for child whose parents are already resident in Australia - happy to be corrected! 

[wrussell]

2 hours ago, LindaH27 said:

Isn’t a child visa 101 different from being added as a dependant on visa 143?? 

I thought 101 visa was for child whose parents are already resident in Australia - happy to be corrected! 

That is correct, provided they hold a qualifying visa.

[Nemesis]

On 5/7/2018 at 09:48, Marisawright said:

To be clear, are you saying that applications currently in the system with children under 25 should be OK?   Do people who are applying now have to comply with the lower age for all children?

Does the age limit apply to the time of application, or the time of grant?

 

From reading this and the associated threads, that would seem to be the main point - Does the age limit apply to the time of application, or the time of grant?
And its in relation to 143/173, not child visas, as per the thread title. 

[Agam]

 No one exactly knows what can be exact age of dependent at the time of decision 

[Nemesis]

1 hour ago, Agam said:

 No one exactly knows what can be exact age of dependent at the time of decision 

Maybe not, but hearing the views of an agent on the subject could make things clearer.

Edited May 8, 2018 by Nemesis

[Marisawright]

12 hours ago, Agam said:

 No one exactly knows what can be exact age of dependent at the time of decision 

No, that's true, but that would not stop Immigration making that rule if they wanted to.