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Dependent Child now over 18

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Our son is now 19.  Our Parent Visa app was applied for in 2015 and we are now in the throes of medicals,  etc., so hopefully not far away from the visas being issued.

One of the additional forms asks what would he do if he isn’t granted a visa with us.  Any idea what sort of response would be favourable?

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I’d say the question is designed to check whether he’s truly dependent. If you answer that he’ll stay behind and get a flat of his own, for instance, that would suggest he can manage fine on his own


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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2 hours ago, britsabroad said:

Our son is now 19.  Our Parent Visa app was applied for in 2015 and we are now in the throes of medicals,  etc., so hopefully not far away from the visas being issued.

One of the additional forms asks what would he do if he isn’t granted a visa with us.  Any idea what sort of response would be favourable?

I guess you have to answer them honestly. and say what you think he’d do. I assume he’s working then rather than st uni?  Expect they’re trying to work out if he’s dependant 

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He’s just started working but living at home and we still pay all the bills (& more).  Our plan was to all be together ( with 2 older daughters in Austrailia) so leaving him is hardly an option but he could stay with a grandparent,  a slim option (but probably not preferable to him) until a visa is sorted or we delay until we can get him a visa to travel with us.  Both these seem to demonstrate a high degree of dependency.

Edited by britsabroad

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6 minutes ago, britsabroad said:

He’s just started working but living at home and we still pay all the bills (& more).  Our plan was to all be together ( with 2 older daughters in Austrailia) so leaving him is hardly an option but he could stay with a grandparent,  a slim option (but probably not preferable to him) until a visa is sorted or we delay until we can get him a visa to travel with us.  Both these seem to demonstrate a high degree of dependency.

The fact that he’s able to work and earn his own living is a sign that he doesn’t need to be dependent. 

If you can’t bring him as a dependent on your visa then there is probably no other permanent visa he can get 

Edited by Marisawright

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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51 minutes ago, britsabroad said:

He’s just started working but living at home and we still pay all the bills (& more).  Our plan was to all be together ( with 2 older daughters in Austrailia) so leaving him is hardly an option but he could stay with a grandparent,  a slim option (but probably not preferable to him) until a visa is sorted or we delay until we can get him a visa to travel with us.  Both these seem to demonstrate a high degree of dependency.

The horrible fact is that it’s not likely you will you get him a visa sorted, whether you delay or not. If he can’t go on yours he has to go in his own right which isn’t possible right now. Maybe one day he will be able to get a skilled visa but that would be many years down the line and far from certain. It’s a sad situation, as you say leaving him isn’t really an option so your plans may be shattered. I hope you get something sorted and wish you luck. Suggest you speak with an agent, if there’s a way they will know it.

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Ideally this should have been planned for and steps taken to ensure he was still dependent. Maybe consult an agent to help..

With our older son we had to hold him back from work, ensuring he remained in education. We even applied to uni in Australia and showed his intention to continue. We also transferred an allowance to him every month.

He could apply for a course now in Australia, they start soon but they mostly have a mid year entry in July/August TAFE or UNi whatever he could qualify for. As long as he is not out of education for long and any job is temporary during holidays for example you may just be able to make a case. 

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So many wineries ......so little time :yes:

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48 minutes ago, rammygirl said:

Ideally this should have been planned for and steps taken to ensure he was still dependent. Maybe consult an agent to help..

With our older son we had to hold him back from work, ensuring he remained in education. We even applied to uni in Australia and showed his intention to continue. We also transferred an allowance to him every month.

He could apply for a course now in Australia, they start soon but they mostly have a mid year entry in July/August TAFE or UNi whatever he could qualify for. As long as he is not out of education for long and any job is temporary during holidays for example you may just be able to make a case. 

Agree, this should have been planned for better but i suppose not everyone knows to.  The Australian course is worth looking into but I think the OP needs to speak with an agent to be sure as I am certain they look at history to ensure someone hasn’t suddenly stopped working and decided to go back into education to try and get a visa. Just think how easy that would make it, adult and working but at the crucial time just enrol on a college course.  I hope they can sort something out but there was a parent on here recently doing a sponsored visa and was shocked her 19 and 20 year old sons couldn’t be on her visa as they were doing an apprenticeship. She was told by an agent there’s no way 

Edited by Tulip1
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@britsabroad, if you aren't already using a registered migration agent, then I strongly suggest you consult one immediately.  I think you're at grave risk of not being able to include your son on your visa, so although it will cost something, it would be worth doing.

Being "dependent" has nothing to do with how mature your son is or how well he'd cope on his own.  It's entirely about whether he'd be able to earn his own living if he had to stay behind. He's probably like a lot of young people in that a starting wage isn't enough to finance the lifestyle he's grown up with, so living at home makes sense.  However, that doesn't mean he couldn't manage on his wage, living in a share house with other young people, if he had to.  And that's what they look at.

Edited by Marisawright

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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We’re In the process of 189, eldest son is 18 but doesn’t finish college education until July, 

what are the chances that he’ll get his visa with us?

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I guess it depends on when you get the visa/when the case officer looks at it.  If it’s whilst he’s still in education then probably ok, if not you may have a problem 

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9 hours ago, Amber2106 said:

We’re In the process of 189, eldest son is 18 but doesn’t finish college education until July, 

what are the chances that he’ll get his visa with us?

You need to ensure he stays completely dependent on you until you get the visa granted.   If he does anything more than the occasional holiday job, they will regard him as "able to work" and therefore no longer dependent on you.  So that may mean enrolling him in a further course somewhere.  

 


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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9 hours ago, Amber2106 said:

We’re In the process of 189, eldest son is 18 but doesn’t finish college education until July, 

what are the chances that he’ll get his visa with us?

If you can show he intends to continue his education that would be good. Apply for courses in UK AND Australia to show intent. If he changes his mind later on he can always withdraw from the place or defer entry or change course or even get a job. 


So many wineries ......so little time :yes:

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He’s applied through UCAS for university courses over here and although he does have a part time job he’ll be reducing his hours now so that his personal income won’t be too high, he’s only been in the job a couple of months and started as Christmas staff 

our application was submitted 16/12/18 and so far no co contact, we front loaded all documents, had medicals end of jan and police checks due back next week so hoping it’ll all go smoothly x

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38 minutes ago, Amber2106 said:

He’s applied through UCAS for university courses over here and although he does have a part time job he’ll be reducing his hours now so that his personal income won’t be too high, he’s only been in the job a couple of months and started as Christmas staff 

It's not so much what he's actually earning but what he could be earning that matters. 

We had someone on the forums recently whose daughter was at university - their application got rejected because the daughter was judged capable of funding her study independently.   I'd say having a steady job of any kind is risky.  However I think it would be worth the money to consult an agent on that specific issue, given how crucial it is

Edited by Marisawright

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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We consulted a MA last year whilst in oz and he gave  us no reason to think it would be an issue, however I appreciate that things change, I’m a natural born worrier and over analyse stuff so hence my sudden concerns x

 

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13 hours ago, Marisawright said:

It's not so much what he's actually earning but what he could be earning that matters. 

We had someone on the forums recently whose daughter was at university - their application got rejected because the daughter was judged capable of funding her study independently.   I'd say having a steady job of any kind is risky.  However I think it would be worth the money to consult an agent on that specific issue, given how crucial it is

I think if someone’s at uni and work part time I’d be surprised if this was not seen as dependent. It would not be realistic or possible for a uni student to work full time so if they earn a few hundred pound a month part time they are substantially dependent on the parent. Uni students have no access to benefits such as housing benefit, so unless the part time job would cover rent, bills, food and everything else they surely have to be dependent on someone. Agtrr though best to run it past an agent. 

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6 hours ago, Amber2106 said:

We consulted a MA last year whilst in oz and he gave  us no reason to think it would be an issue, however I appreciate that things change, I’m a natural born worrier and over analyse stuff so hence my sudden concerns x

 

Did you discuss with the agent the possible eventuality of your son not being dependent at time or grant or only that he was in full time education at the time of application?

 


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

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We lodged the visa application in December and according to the timelines stated we should be granted within 8mths and  as he is technically still in education and a dependant until 31st August (in-line with child benefit rules) we were hoping it wouldn’t be an issue .

 

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@britsabroad, if you aren't already using a registered migration agent, then I strongly suggest you consult one immediately.  I think you're at grave risk of not being able to include your son on your visa, so although it will cost something, it would be worth doing.

Having read all the posts in this thread and having considerable experience in similar cases, I agree.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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I have seen posts about student children being refused as they have student loans and are therefore classed as not dependants. 


143 lodged 21 June 2017

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8 hours ago, LindaH27 said:

I have seen posts about student children being refused as they have student loans and are therefore classed as not dependants. 

Me too.  I've also seen posts where people have been able to bring their older children with them.  

Looking at the posts, I think a lot depends on what kind of visa it is, and how long ago the application was submitted.  The rules did change recently, but some visas have longer waiting times, and perhaps applications submitted before the change are judged on the old rules?   Also of the success stories I've seen, most seem to be transitioning from a 457 to PR, or a temp visa - and they may have different rules.


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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