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18 year old son wants to stay in Oz, currently on tourist visa


w1johnston

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Hi all,

I’m looking for some advice please, my 18 year old son is staying with us on a tourist visa at the moment and he has decided he would like to make his visit more permanent. We have PR but he wasn’t included on our visa application as he was not a dependant at that time. I have looked at getting him a working holiday visa but found that he needs to be offshore for that. I am now looking at a student visa which looks like a viable option but would love to hear if anyone else has gone through this and what you did, or any recommendations please. 

TIA

w1johnston

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8 minutes ago, Gbye grey sky said:

Presumably though they could apply for citizenship in the future and then the son could get citizenship by descent so any temporary visa would be a stopgap assuming the family wanted to make Australia their long term home.

I thought any children had to be born after citizenship in order to get citizenship by descent so as he’s 18 already he’s rather missed that boat. Rebirth probably wouldn’t do it. 

Unfortunately, not everyone who wants to live in Australia can do so. His best bet would probably be to go home and study/get experience in something that Australia wants (though that’s a bit of a gamble, what they want this year may well not be what they want next year) and then get his own permanent visa.

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I think you'll save an enormous amount of money if you just buy him a return flight home to the UK, let him apply for the WHV there (which should take only a few days, or a few weeks at most), and then he can come back.  If he does his farm work, that gives him two years to stay in Oz, then he can consider his options.

The fees on a student visa would be far, far more than the cost of a return flight home.

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2 hours ago, Gbye grey sky said:

Presumably though they could apply for citizenship in the future and then the son could get citizenship by descent

Quoll is correct:  at least one of the parents must have been an Australian citizen when the child was born in order for the child to gain citizenship by descent.

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2 hours ago, Marisawright said:

I think you'll save an enormous amount of money if you just buy him a return flight home to the UK, let him apply for the WHV there (which should take only a few days, or a few weeks at most), and then he can come back.  If he does his farm work, that gives him two years to stay in Oz, then he can consider his options.

The fees on a student visa would be far, far more than the cost of a return flight home.

Can he not apply anywhere offshore, like Bali or New Zealand? it would certainly be cheaper.

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9 hours ago, w1johnston said:

Hi all,

I’m looking for some advice please, my 18 year old son is staying with us on a tourist visa at the moment and he has decided he would like to make his visit more permanent. We have PR but he wasn’t included on our visa application as he was not a dependant at that time. I have looked at getting him a working holiday visa but found that he needs to be offshore for that. I am now looking at a student visa which looks like a viable option but would love to hear if anyone else has gone through this and what you did, or any recommendations please. 

TIA

w1johnston

Working holiday visa will be way cheaper. You can only get a student visa if he is going to study at an Australian university and you pay all his international fees $$$if he drops out then he would need to advise immigration and have a defined period of time to leave. If he doesn't tell them or overstays, this will affect any future applications for PR etc. 

Less hassle for him to apply for a WHV and then weigh up his options after that!

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All options right now are temporary and you need to be prepared for that. You state he wants to make the move more permanent, that cannot happen.  Such a shame you didn't put him on your application at the time. I assume he was working full time and not dependent. You mention a student visa,  does he now want to go back into education? It's an expensive route and it will still end with him having to return to the uk.  WHV makes more sense just as long as he knows it is temporary, he can have some fun but he will have to return at the end of it. 

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Perhaps speak with a migration agent to see what options there may be.  You mention he wasn't included in your original application because he wasn't dependent on you "at that time", does that mean he's now dependent on you?  If he's considering studying and he's dependent on you, perhaps a child visa is an option.  But you may need some guidance from a migration agent before going down this path in case there are complications to be considered.

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Hello again, thanks heaps for all the replies. I still haven’t made any decisions about what we’ll do yet and he is aware that any visa at this stage is temporary, we have no illusions there. I think that a consultation with an agent would be worthwhile. 

To add some context, we didn’t include him in our PR application as his mother moved him to the Isle of Man when he was  very young (against my wishes), I maintained regular visits with him but I had no say in his upbringing and “technically” no parental responsibility as his mother and I weren’t married and he was born in 2000 before the rules about parental responsibility changed, so I don’t believe I could have claimed he was a dependent. His job finished before he came over to Aus and he quit his college course a few month ago. To add to that he has been suffering from depression and he seems to be improving now, so understandably I think it would be good for him to stay longer. 

The option of going to NZ to apply for a WHV could be viable if there was a quick turn around on the visa but the processing times are about 18-31 days according to the gov website. I’d prefer not to have to send him back to the UK but if all else fails then it is an option at least. If the student visa is affordable for us then we won’t hesitate but it’s starting to sound like it could be out of reach. 

Whatever happens we’ll do what we can to give him the best we can. It’s all we can do. 

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38 minutes ago, w1johnston said:

Hello again, thanks heaps for all the replies. I still haven’t made any decisions about what we’ll do yet and he is aware that any visa at this stage is temporary, we have no illusions there. I think that a consultation with an agent would be worthwhile. 

To add some context, we didn’t include him in our PR application as his mother moved him to the Isle of Man when he was  very young (against my wishes), I maintained regular visits with him but I had no say in his upbringing and “technically” no parental responsibility as his mother and I weren’t married and he was born in 2000 before the rules about parental responsibility changed, so I don’t believe I could have claimed he was a dependent. His job finished before he came over to Aus and he quit his college course a few month ago. To add to that he has been suffering from depression and he seems to be improving now, so understandably I think it would be good for him to stay longer. 

The option of going to NZ to apply for a WHV could be viable if there was a quick turn around on the visa but the processing times are about 18-31 days according to the gov website. I’d prefer not to have to send him back to the UK but if all else fails then it is an option at least. If the student visa is affordable for us then we won’t hesitate but it’s starting to sound like it could be out of reach. 

Whatever happens we’ll do what we can to give him the best we can. It’s all we can do. 

Would be good to run it past an agent. In hindsight,  you should have done that before as you probably would have been able to prove dependancy. I assume you paid maintenance for his upkeep, took him away on holidays at your expense, bought him things/sent him pocket money.  You don't always have to be under the same roof to have someone dependent on you. Too late for all that now but worth spending a bit to get advice. 

Edited by Tulip1
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On 01/08/2018 at 20:20, w1johnston said:

Hello again, thanks heaps for all the replies. I still haven’t made any decisions about what we’ll do yet and he is aware that any visa at this stage is temporary, we have no illusions there. I think that a consultation with an agent would be worthwhile. 

To add some context, we didn’t include him in our PR application as his mother moved him to the Isle of Man when he was  very young (against my wishes), I maintained regular visits with him but I had no say in his upbringing and “technically” no parental responsibility as his mother and I weren’t married and he was born in 2000 before the rules about parental responsibility changed, so I don’t believe I could have claimed he was a dependent. His job finished before he came over to Aus and he quit his college course a few month ago. To add to that he has been suffering from depression and he seems to be improving now, so understandably I think it would be good for him to stay longer. 

The option of going to NZ to apply for a WHV could be viable if there was a quick turn around on the visa but the processing times are about 18-31 days according to the gov website. I’d prefer not to have to send him back to the UK but if all else fails then it is an option at least. If the student visa is affordable for us then we won’t hesitate but it’s starting to sound like it could be out of reach. 

Whatever happens we’ll do what we can to give him the best we can. It’s all we can do. 

Presumably though you at least mentioned him as being your child?

Have you thought of a Child Visa 101(or the onshore equivalent)? Have you had any professional advice?

 

 

Edited by Nemesis
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