My 19 year old son has regrets he didn’t migrate with us ...... what to do?

[Lisa81]

In May 3016 I was granted 189 visa and moved to Victoria with my 15 year old son and partner. Sadly at the  time my 17 year old son didn’t want to be included in the visa process and chose to stay with his dad in England. We painfully made the move while he stayed in UK with his dad. Now after being here for 2 years my son has been out twice on holiday and has decided that he wished he made the move with us. He left school early and has been casual working for 2 years. I was hoping to try and get him a year working visa but what would be the options for him to move permanently without a skilled trade? 

Any ideas??? 

[Tulip1]

From what you've said I don't think there are any options.  Perhaps speak with a migrant agent but it seems clear your son doesn't qualify for a visa.  Not only is he obviously not dependant,  he's lived apart from you for years so there could be no way you could say hes dependant on you. I'm sure he would have to qualify for a cisacin his own right which as you say he doesn't. Such a shame, what 17 year olds think they want so often changes, at times with high consequences 

[Lisa81]

Do you need to have a skilled trade for sponsorship? Has anyone had any experience with sponsorship visas? Either from family or employer?

[Marisawright]

3 hours ago, Lisa81 said:

Do you need to have a skilled trade for sponsorship? Has anyone had any experience with sponsorship visas? Either from family or employer?

There are rules but basically, a company can't sponsor someone unless they've proved they can't get a local candidate, so obviously it's got to be a skilled job - if anyone can do it, they can find someone locally.  

It's so easy in hindsight, if you'd included him in your original application he could have visited to validate his visa, then he'd have had five years to make up his mind.  Too late now, unfortunately.   

It's a very difficult one because to get any kind of skilled visa, he needs a qualification AND a few years' experience in his chosen trade - so realistically, he's got four or five years till he can apply, and it's always possible the rules will change, and the trade he's chosen might have different requirements or be off the list altogether.

Thinking aloud, I wonder if one strategy would be for him to come to Australia to do his study, in which case he could get a student visa.  You would need to check the fees as they're often very expensive for an international student.  When his course is complete, he would still be young enough to get a Working Holiday Visa, which would enable him to stay in Australia for two years (if he does the regional work), which might give him enough work experience to get sponsorship or apply for PR.   It might not work out but at least he'd get a qualification and he'd have four or five years with you.  

I'd be consulting an agent.

Edited October 6, 2018 by Marisawright

[wrussell]

I always advise  parents of 'reluctant' children to include them. When granted a visa they have to enter Australia briefly to activate it and then they have 5 years to change their minds.

Dependency is a time of decision criterion. It might be possible to send your son back to complete  year 12 and then enroll him in a post  post-secondary course (academic or trade) that could qualify him as a dependent child; provided you were paying the costs involved. 

The most recent case of this type that I managed was for a DIY applicant who had been refused. I had to take it to the Administrative Appeals Tribunal to win it.

Some further education might to his advantage in any case. 

Here is the rough guts of the relevant regulation:

At the time of application, the applicant is required to satisfy clause 101.213 of the Migration

Regulations, which includes the requirement that:

(1) If the applicant has turned 18:

(a) the applicant:

(i) is not engaged to be married; and

(ii) does not have a spouse or de facto partner; and

(iii) has never had a spouse or de facto partner; and

(b) the applicant is not engaged in full-time work; and

(c) subject to subclause (2), the applicant has, since turning 18, or within 6 months or a reasonable time after completing the equivalent of year 12 in the Australian school system, been undertaking a full-time course of study at an educational institution leading to the award of a professional, trade or vocational qualification.

 

If you intend to proceed don't delay and  don't try to run it yourself, consult one of the RMAs who posts on this forum.

[Tulip1]

It was a big mistake not including him on your visa at the time. Even if he didn't want to go on it, he shouldn't have been given an option. Easier said than done with a kid that age I know but for something so important as splitting a family apart for ever you should have insisted as you would have known this could happen whereas a teenager doesn't think like that.  It has been mentioned him going back into full time education may work but not guaranteed and the problem I can see there is how are you going to show he's dependant on you when he lives with his dad, very difficult.

[Lisa81]

Tulip Thanks for your reply however i was mainly looking for advice on where to go from here from others who may have more knowledge or have been through a similar situation, not to be repeatedly reminded of what I should have done and as you say “mistakes” I made.

I have outlined the basics of the situation and have not gone into detail as to to why simply “insisting” was not an option.

 

 

Edited October 7, 2018 by Lisa81

[Lisa81]

Thank you so much Wussel  and Marisa for your advice. This is really helpful.

[Tulip1]

1 hour ago, Lisa81 said:

Tulip Thanks for your reply however i was mainly looking for advice on where to go from here from others who may have more knowledge or have been through a similar situation, not to be repeatedly reminded of what I should have done and as you say “mistakes” I made.

I have outlined the basics of the situation and have not gone into detail as to to why simply “insisting” was not an option.

 

 

Appreciate what you say and certainly no offence meant, I apologise if you saw it that way.  We can only go on the information provided on the forum and I would have had no idea if insisting he be on the application was not an option, you just said he didn't want to go on it.  If by me or anyone else putting that on here stops others doing the same then that has to be a positive thing albeit it doesn't help your situation. wrussell is a well respected migrant agent on here so if I was you I'd contact him to discuss any possible options in more detail. I don't think there's anything you can do alone, worth paying an expert for advice. I wish you luck 

[Beffers]

Pay for an agent to do a professional job.  Its too important to try and go it alone. The only other way may be a WHV but that's only for two years. Or else he goes to college in UK, gets a trade and some experience under his belt and hope there's a work route in a few years time. The advice above from the migration agent about a further education route looks much more viable to me, and its their job - far better than well meaning advice on this forum, which is okay for more straight forward applications.

[Fisher1]

I cant offer any advice other than whats on here but just wanted to wish you luck and say dont give up. When my daughter came out here 14 yrs ago (only child) I could see no prospect of us ever being more than long distance parents. We moved over to join her a year ago.  So get an agent and cross your fingers, you never know what you can do till you try.

[SineadK]

On 06/10/2018 at 06:20, Lisa81 said:

In May 3016 I was granted 189 visa and moved to Victoria with my 15 year old son and partner. Sadly at the  time my 17 year old son didn’t want to be included in the visa process and chose to stay with his dad in England. We painfully made the move while he stayed in UK with his dad. Now after being here for 2 years my son has been out twice on holiday and has decided that he wished he made the move with us. He left school early and has been casual working for 2 years. I was hoping to try and get him a year working visa but what would be the options for him to move permanently without a skilled trade? 

Any ideas??? 

Speak to Registered MA for free consultation but you must be able to sponsor him on a family visa surely... Good luck!

 

[SineadK]

6 hours ago, Fisher1 said:

I cant offer any advice other than whats on here but just wanted to wish you luck and say dont give up. When my daughter came out here 14 yrs ago (only child) I could see no prospect of us ever being more than long distance parents. We moved over to join her a year ago.  So get an agent and cross your fingers, you never know what you can do till you try.

What visa did you come over on? My parents are planning to do the same. 

[Nemesis]

28 minutes ago, SineadK said:

Speak to Registered MA for free consultation but you must be able to sponsor him on a family visa surely... Good luck!

 

Not unless he is wholly dependent. Just being their son is not enough

Edited October 9, 2018 by Nemesis

[SineadK]

35 minutes ago, Nemesis said:

Not unless he is wholly dependent. Just being their son is not enough

Like I said....... Speak to MA, I wasn't giving expert advice. 

[Fisher1]

2 hours ago, SineadK said:

What visa did you come over on? My parents are planning to do the same. 

We came on a 143. If you look o  the parents thread on here you'll find everything you need to know. Advise them to apply sooner rather than later as the queue just keeps getting longer. Good luck!

[Tulip1]

3 hours ago, SineadK said:

Speak to Registered MA for free consultation but you must be able to sponsor him on a family visa surely... Good luck!

 

Being family doesn't get you a visa, you either qualify or you don't 

[Tulip1]

4 hours ago, SineadK said:

What visa did you come over on? My parents are planning to do the same. 

The 143 queue is now over 5 years wait so the sooner they get on it the better 

[Lisa81]

On 06/10/2018 at 11:03, Marisawright said:

There are rules but basically, a company can't sponsor someone unless they've proved they can't get a local candidate, so obviously it's got to be a skilled job - if anyone can do it, they can find someone locally.  

It's so easy in hindsight, if you'd included him in your original application he could have visited to validate his visa, then he'd have had five years to make up his mind.  Too late now, unfortunately.   

It's a very difficult one because to get any kind of skilled visa, he needs a qualification AND a few years' experience in his chosen trade - so realistically, he's got four or five years till he can apply, and it's always possible the rules will change, and the trade he's chosen might have different requirements or be off the list altogether.

Thinking aloud, I wonder if one strategy would be for him to come to Australia to do his study, in which case he could get a student visa.  You would need to check the fees as they're often very expensive for an international student.  When his course is complete, he would still be young enough to get a Working Holiday Visa, which would enable him to stay in Australia for two years (if he does the regional work), which might give him enough work experience to get sponsorship or apply for PR.   It might not work out but at least he'd get a qualification and he'd have four or five years with you.  

I'd be consulting an agent.

Thanks for your advice

I’ll definitely be consultant agent to look at all the options 

[Lisa81]

5 hours ago, SineadK said:

What visa did you come over on? My parents are planning to do the same. 

Thank you.

its good to hear a positive outcome. I know it will take time but you’re right there’s always hope in some shape or form.

i won’t be giving up!

[Marisawright]

13 hours ago, Lisa81 said:

Thank you.

its good to hear a positive outcome. I know it will take time but you’re right there’s always hope in some shape or form.

A positive outcome for a parent's visa isn't surprising because there is a thing called a parent's visa, the only problem is that it has a long waiting time.  

If you look at the population of the United Kingdom, the harsh truth is that the vast majority have absolutely NO way to get a visa to enter Australia, ever.  

Migration is reserved for a select few - people who either have a particular set of qualifications/experience or who have the right kind of relationship with someone in Australia.  And the options are getting more and more limited every year.

So I'm afraid it's unrealistic to say "there's always hope".  In your case, it sounds like WRUssell may be able to offer you a way through, but for an awful lot of people, there isn't - their only option is to stay separated or for the rest of the family to move back to the UK.    

Edited October 9, 2018 by Marisawright

[can1983]

1 hour ago, Marisawright said:

A positive outcome for a parent's visa isn't surprising because there is a thing called a parent's visa, the only problem is that it has a long waiting time.  

If you look at the population of the United Kingdom, the harsh truth is that the vast majority have absolutely NO way to get a visa to enter Australia, ever.  

Migration is reserved for a select few - people who either have a particular set of qualifications/experience or who have the right kind of relationship with someone in Australia.  And the options are getting more and more limited every year.

So I'm afraid it's unrealistic to say "there's always hope".  In your case, it sounds like WRUssell may be able to offer you a way through, but for an awful lot of people, there isn't - their only option is to stay separated or for the rest of the family to move back to the UK.    

I don't agree, anyone in the uk can move to Australia so long as they don't have serious criminal convictions or severe health problems. I imagine that rules out five to ten million. but that still leaves 30-40 million or so that aren't children or in the first category.

They just have to be in a defacto relationship with an Aussie or New Zealander. Of course its not what most people choose to do but it is possible, there's not NO way.

[Nemesis]

1 minute ago, can1983 said:

I don't agree, anyone in the uk can move to Australia so long as they don't have serious criminal convictions or severe health problems. I imagine that rules out five to ten million. but that still leaves 30-40 million or so that aren't children or in the first category.

They just have to be in a defacto relationship with an Aussie or New Zealander. Of course its not what most people choose to do but it is possible, there's not NO way.

Make that a GENUINE de facto relationship. Not everyone qualifies even then - if their partner has already sponsored 2 other people, if their partner came on a Parent Visa, if Immigration do not believe they are genuine, if they have children from another relationship and the other parent refuses permission, if the non-ozzie cannot get a visa in which tolive in oz to build up the time to prove de facto........and there are others I'm sure.

Point is, it is not as simple as just getting a partner and moving in together for a while. 

[Marisawright]

37 minutes ago, can1983 said:

I don't agree, anyone in the uk can move to Australia so long as they don't have serious criminal convictions or severe health problems. I imagine that rules out five to ten million. but that still leaves 30-40 million or so that aren't children or in the first category.

They just have to be in a defacto relationship with an Aussie or New Zealander. Of course its not what most people choose to do but it is possible, there's not NO way.

Did you read my post properly?   I specifically mentioned that the only pathways were EITHER skills/experience OR certain limited types of relationship with someone in Australia.  If you have neither of those, the answer is NO.  The great majority of people in the UK don't have either of those things. 

In theory,  anyone COULD go back to university or college, get the qualifications, work for a few years to get the experience, and then apply - but they might fail the course, or they may have left it too late and lose points for age, or the rules may have changed by the time they're eligible, so it's a big commitment to make given the chance of failure.

Also in theory, anyone COULD do a deal with an Aussie for a marriage of convenience. But as Nemesis says, it has to look like a genuine "equivalent of marriage" relationship with lots of proof to that effect - and if they're hoping to get PR, they're basically going to have to stay with that person, in a genuine relationship, for over 4 years. 

Edited October 10, 2018 by Marisawright

[can1983]

10 minutes ago, Nemesis said:

Make that a GENUINE de facto relationship. Not everyone qualifies even then - if their partner has already sponsored 2 other people, if their partner came on a Parent Visa, if Immigration do not believe they are genuine, if they have children from another relationship and the other parent refuses permission, if the non-ozzie cannot get a visa in which tolive in oz to build up the time to prove de facto........and there are others I'm sure.

Point is, it is not as simple as just getting a partner and moving in together for a while. 

of course, but I just find it too negative when people say there's absolutely NO way ever ever ever. I'm here and permanent not because of any skills, experience or merit just on the basis of my (Genuine) relationship. I could be a useless unemployable centrelink sponger and Australia could do nothing about it.

A 19 year old can choose, if they want to, to look for an Australian or NZ partner purely with the intention of moving here