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tawhilltiger

Proving a Dependent Child who is in Work

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Hello I am relocating with my company to Sydney on a TSS visa, am looking to take my son with me as part of the TSS application, my son lives with me and earns minimum wage in the UK he is 21 and just out of his construction apprenticeship. My company is using one of the large immigration law firms, wont say the name but it ends in 'gomen' they are telling me that my son cannot come as he does not appear to be wholly or substantially financially dependent upon me for his basic living costs. They seem to be ignoring the fact that I keep a roof over his head and pay all the household food and bills, still help out with the running of his car, paying his insurance/tax etc and most importantly the fact that he will be made homeless by my relocation so will need to find money for rent and also to cover what I am currently paying monthly as the outgoings. If he was to start paying this then this would take him over his earnings threshold. I have sent over lots of paperwork outlining this and showing proof of the above but they are still holding out on the position, even if he was to make himself unemployed for any reason they would also not take this into consideration as the earnings for the last 12 months are taken into consideration. Surely he is wholly or substantially financially dependent upon me for his basic living costs??

Has anyone experience of this? Any help or advise to try and change their position? Anything else I can do to prove is dependency?

As it stand they wont apply with him as a dependent to travel and this may be a showstopper..

Thanks MM

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From seeing other people’s experience here, I’m afraid your agent is probably right 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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3 hours ago, Marisawright said:

From seeing other people’s experience here, I’m afraid your agent is probably right 

Yep, I'd agree. He has a job, albeit on the minimum wage but its a job. There is a welfare safety net in the UK into the bargain. 

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He could obtain a working holiday visa, which would give him up to two years in Australia if he does three months regional work. Given you are only going on a temp visa yourself might work. 

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Your agents right.  Even on minimum wage he could rent a room in a house share and live. House shares even in expensive areas are about for £400/£500 pm which usually include bills, he must be on about double that even on minimum wage. He may not have the free money he has now but someone on minimum wage could live. You providing everything for him is your choice, doesn’t make him dependent on you, just that you are choosing to provide all this for him. Great idea from verystormy, he could get a WHV for up to two years.  He won’t be able to stay permanently but neither can you so it may be the answer to your problem 

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11 hours ago, tawhilltiger said:

Hello I am relocating with my company to Sydney on a TSS visa, am looking to take my son with me as part of the TSS application, my son lives with me and earns minimum wage in the UK he is 21 and just out of his construction apprenticeship. My company is using one of the large immigration law firms, wont say the name but it ends in 'gomen' they are telling me that my son cannot come as he does not appear to be wholly or substantially financially dependent upon me for his basic living costs. They seem to be ignoring the fact that I keep a roof over his head and pay all the household food and bills, still help out with the running of his car, paying his insurance/tax etc and most importantly the fact that he will be made homeless by my relocation so will need to find money for rent and also to cover what I am currently paying monthly as the outgoings. If he was to start paying this then this would take him over his earnings threshold. I have sent over lots of paperwork outlining this and showing proof of the above but they are still holding out on the position, even if he was to make himself unemployed for any reason they would also not take this into consideration as the earnings for the last 12 months are taken into consideration. Surely he is wholly or substantially financially dependent upon me for his basic living costs??

Has anyone experience of this? Any help or advise to try and change their position? Anything else I can do to prove is dependency?

As it stand they wont apply with him as a dependent to travel and this may be a showstopper..

Thanks MM

Dependency criteria have become more complex as the definition has been expanded depending on what visa is being applied for. I would not presume an opinion based on the information in your post.

As your Agent knows all the facts about your case, they should be best placed to advise of your options.

If you are not satisfied with your Agent's response, you can always seek a second opinion for peace of mind.

It would be beneficial to include them on your TSS application if at all possible, as they could then be included on future 186 PR application more easily.

 


Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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Thanks everyone for the replies, indeed the working holiday is the default option which is also proposed by my companies Lawyers, I am trying to avoid this as he will then become independent to my application and will lose the benefits of travelling as part of my relocation package with the company and as mentioned if we decide to move on to PR it would be easier.

I am still trying to see what else we can do to prove dependency, so lets see .. thanks again!

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1 hour ago, tawhilltiger said:

Thanks everyone for the replies, indeed the working holiday is the default option which is also proposed by my companies Lawyers, I am trying to avoid this as he will then become independent to my application and will lose the benefits of travelling as part of my relocation package with the company and as mentioned if we decide to move on to PR it would be easier.

I am still trying to see what else we can do to prove dependency, so lets see .. thanks again!

Perhaps the 2nd opinion which may give you options to present to the lawyer is the way to go


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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1 hour ago, tawhilltiger said:

Thanks everyone for the replies, indeed the working holiday is the default option which is also proposed by my companies Lawyers, I am trying to avoid this as he will then become independent to my application and will lose the benefits of travelling as part of my relocation package with the company and as mentioned if we decide to move on to PR it would be easier.

I am still trying to see what else we can do to prove dependency, so lets see .. thanks again!

Do you have your own migration agent or are you relying on the company's lawyers to do all the work?

I suggest you engage a reputable migration agent to represent you.  It's often advised you do that, since the company's lawyers are working in the company's interests, not yours.   Of course it is an extra cost, but how important is this to you?

Raul Senise, who replied to your post, is one such agent.   It is vitally important that you get this right because if you take the wrong approach, you could destroy any (slim) chance you might have of including your son in your PR application later, should you manage to get to that point. 

Edited by Marisawright
  • Like 1

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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No I do not have my own migration agent, have been relying on the advice of the companies' lawyers thus far, maybe that indeed is something to think about wrt the second opinion..

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A registered migration agent who is representing you must act in your best legitimate interests. If they are also acting for your prospective employer, what they see as your best legitimate interests might not be immediately apparent.

Under the current regulations a company cannot be a registered migration agent, only individuals (some of whom work for companies)  can be registered.

If there is no conflict of interests between the best interests of the prospective employer and the best interests of the prospective employee the agent acting can rest easy.  


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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On 27/11/2018 at 20:02, tawhilltiger said:

Hello I am relocating with my company to Sydney on a TSS visa, am looking to take my son with me as part of the TSS application, my son lives with me and earns minimum wage in the UK he is 21 and just out of his construction apprenticeship. My company is using one of the large immigration law firms, wont say the name but it ends in 'gomen' they are telling me that my son cannot come as he does not appear to be wholly or substantially financially dependent upon me for his basic living costs. They seem to be ignoring the fact that I keep a roof over his head and pay all the household food and bills, still help out with the running of his car, paying his insurance/tax etc and most importantly the fact that he will be made homeless by my relocation so will need to find money for rent and also to cover what I am currently paying monthly as the outgoings. If he was to start paying this then this would take him over his earnings threshold. I have sent over lots of paperwork outlining this and showing proof of the above but they are still holding out on the position, even if he was to make himself unemployed for any reason they would also not take this into consideration as the earnings for the last 12 months are taken into consideration. Surely he is wholly or substantially financially dependent upon me for his basic living costs??

Has anyone experience of this? Any help or advise to try and change their position? Anything else I can do to prove is dependency?

As it stand they wont apply with him as a dependent to travel and this may be a showstopper..

Thanks MM

We were unsuccessful getting our eldest daughter on our pr 186 visa , throughout the visa process she was still at high school and due to it being a complex visa situation it took until she was at uni before it was finally granted . She was still at uni aged 21 living in student accommodation with a government grant , coming home on weekends and all holidays , apart from a  small Saturday job she had no other income and was reliant on us and her grant . She was deemed non dependant on the main visa applicant  and was refused on our visa which was granted for two adults and three of her siblings , we was told there was no room for appeal , she was dependent on her student grant and not us , We went through a registered migration agent and they were shocked at the decision , this was 2012 

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I totally feel for you, we are in exactly the same position and have been given the same advice, with the exception of our daughter being slightly older at 22.

The other bit of advice we have received too, is that even if you can provide dependency, once the 'child' hits their 23rd birthday, they can no longer be classed as dependent on you anyway.

Could he look to get a visa in is own right on the TSS (482) given his trade?

Good luck!

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Thanks for sharing your experiences, seems I will go down the working holiday route now as it seems an easier option, lets hope he can get another route to stay longer should he wish to..

 

cheers MM

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