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How do I bring my Daughter with me?


Tom Roffey

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Hi.

Currently going through the process of a 482 visa. It seems that bringing my Daughter with me is challenging!

Let me explain the situation. 

She currently lives with my wife and myself in the UK. She is full time employed and is 21 years old. She cannot afford to get a home of her own yet and wants to come with us to Australia and gain employment there. 

The immigration agent that my company is using has said she needs to prove she is dependant on me, come on a holiday working visa or a student visa. 

She is dependant on me to provide a roof over her head and food etc. She pays for her own clothing etc herself. I don't want her to come on a holiday visa and she isn't a student. 

Any ideas on the best way to proceed? 

Many thanks

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24 minutes ago, Tom Roffey said:

Hi.

Currently going through the process of a 482 visa. It seems that bringing my Daughter with me is challenging!

...She currently lives with my wife and myself in the UK. She is full time employed and is 21 years old. She cannot afford to get a home of her own yet ...

The immigration agent that my company is using has said she needs to prove she is dependant on me, come on a holiday working visa or a student visa. 

She is dependant on me to provide a roof over her head and food etc. She pays for her own clothing etc herself.

So is she working? If so, then she is not dependent.  Even if her wage is too low to afford to rent a flat of her own, she could still live in a share house with other young people.   That's the attitude Immigration will take.

Because she's not a dependent, there is no way to include her on your visa. 

She has two options to come and live in Australia short-term: 

1.  She gets a Working Holiday Visa (which will let her stay for one year, or two years if she's willing to do some farm work, then she'll have to go home).  

2. She enrols as a student in an Australian university or college.  However, she would have to pay full international fees which would not be cheap - and she's only allowed to work 20 hours a week.  She'll have to go home when her course finishes, unless she chooses a course which is eligible to get her a Graduate Visa, which would let her stay a further two years.

After that, the only way for her to migrate would be if she can qualify for a skilled visa in her own right.  

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17 minutes ago, VERYSTORMY said:

You can't include her in your visa. But, she could do a working holiday and given you are only going on a short term temp visa, might be a good option. 

Im not sure a working holiday is what she wants to do. She will only be able to get casual work. I am looking to extend my visa and look at PR at some point. 

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18 minutes ago, Tom Roffey said:

Im not sure a working holiday is what she wants to do. She will only be able to get casual work. I am looking to extend my visa and look at PR at some point. 

I know and understand your thinking regarding visas longer term, but as someone that arrived on a temp visa along with about a dozen friends and was one of two who ended up with citizenship and waving the rest away when there visas expired, it is vitally important you accept the visa for what it is. At the moment, you are looking at at a temporary stay in Australia. 

Do not underestimate the changes the department makes on very regular basis. Immigration in Oz is as big a political issue as the UK, if not bigger - I have been met by crowds of union protesters at Perth airport protesting about temp visas.

Over the years on the forum, I have seen many many people on temp visas suddenly find there path to any thing else removed. Let me give examples that have happened even recently. Age limit for PR cut from 50 to 45. Two hundred occupations removed. A large number banned from being able to app,y for PR from temp visas. The temp visa 457 abolished and replaced. The skilled lists abolished and replaced. That is just in the last 12 - 18 months. 

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5 hours ago, Marisawright said:

So is she working? If so, then she is not dependent.  Even if her wage is too low to afford to rent a flat of her own, she could still live in a share house with other young people.   That's the attitude Immigration will take.

Because she's not a dependent, there is no way to include her on your visa. 

She has two options to come and live in Australia short-term: 

1.  She gets a Working Holiday Visa (which will let her stay for one year, or two years if she's willing to do some farm work, then she'll have to go home).  

2. She enrols as a student in an Australian university or college.  However, she would have to pay full international fees which would not be cheap - and she's only allowed to work 20 hours a week.  She'll have to go home when her course finishes, unless she chooses a course which is eligible to get her a Graduate Visa, which would let her stay a further two years.

After that, the only way for her to migrate would be if she can qualify for a skilled visa in her own right.  

Oh. No part of that is good!

Ok. Skilled visa it is. 

 

Thanks for your help VS and Marisawright 

 

 

Edited by Tom Roffey
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7 hours ago, Tom Roffey said:

Im not sure a working holiday is what she wants to do. She will only be able to get casual work. I am looking to extend my visa and look at PR at some point. 

She can only get temporary work.  That's an important distinction.  

Most people on a WHV do casual work, but that's because their main objective is to travel around Australia, so they only want the odd job here and there.   However, the WHV allows you to work up to six months in the same job, and many do.  Both my nieces had no trouble getting steady office work through a temp agency.  

If you are interested in PR eventually, then do make sure you understand your chances.  In the old days, it was common to come to Australia on the old 457 visa and then "move on" to PR. It's much harder with the new 482 visa - and getting harder all the time as they reduce the number of visas available.  By the time two years have passed and you're ready to apply for PR, the door may well have closed.   So plan your move on the assumption you're going home at the end - rent out your house instead of selling, for instance.

Don't believe employers if they tell you otherwise - obviously, they want you to take the job, so it's in their interests to exaggerate. 

As for the skilled visa for your daughter - do you understand what I mean by a skilled visa?  I mean either the 482 (which would require a sponsor) or a Permanent Resident visa.  For either of those visas,, she will need to be in an occupation that is on the skilled list.  Not only that, she will need both the qualifications AND the experience after qualification specified.  If she can't meet those requirements, she can't get a skilled visa.  

Edited by Marisawright
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1 hour ago, Marisawright said:

 

She can only get temporary work.  That's an important distinction.  

Most people on a WHV do casual work, but that's because their main objective is to travel around Australia, so they only want the odd job here and there.   However, the WHV allows you to work up to six months in the same job, and many do.  Both my nieces had no trouble getting steady office work through a temp agency.  

If you are interested in PR eventually, then do make sure you understand your chances.  In the old days, it was common to come to Australia on the old 457 visa and then "move on" to PR. It's much harder with the new 482 visa - and getting harder all the time as they reduce the number of visas available.  By the time two years have passed and you're ready to apply for PR, the door may well have closed.   So plan your move on the assumption you're going home at the end - rent out your house instead of selling, for instance.

Don't believe employers if they tell you otherwise - obviously, they want you to take the job, so it's in their interests to exaggerate. 

As for the skilled visa for your daughter - do you understand what I mean by a skilled visa?  I mean either the 482 (which would require a sponsor) or a Permanent Resident visa.  For either of those visas,, she will need to be in an occupation that is on the skilled list.  Not only that, she will need both the qualifications AND the experience after qualification specified.  If she can't meet those requirements, she can't get a skilled visa.  

Important point this. In 2008 I worked as a Naval Architect on a WHV for 6 months for one employer earning $75k prorata. No where in the WHV rules does it say the job must be low skill or fruit picking. I ended up working for the same employer for 2 1/2 years (but on a 457 by that point).

But I was 28 at the time AND have enough experience to qualify for a 457 AND the rules have changed so much since then.

As has been said before 21 year old can't yet get a skilled visa

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  • 4 weeks later...

Ok. Just to help anyone in the same position.

My concern was how does my 21year old Daughter join myself and my wife on a tss medium term visa. 

The application for my Tss subclass 482 visa which included all of my family- wife and two children 18,21 was lodged on the 12/2. Today it has been approved!  For every one.

So now its real!

 

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8 hours ago, Tom Roffey said:

Ok. Just to help anyone in the same position.

My concern was how does my 21year old Daughter join myself and my wife on a tss medium term visa. 

The application for my Tss subclass 482 visa which included all of my family- wife and two children 18,21 was lodged on the 12/2. Today it has been approved!  For every one.

So now its real!

 

You must be pleased. Can I ask, did they not question her age/working?

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That is good news, be aware that the conditions for PR are stricter that the temporary visas. You need to plan ahead if you all want to get PR n the future. How long is the visa for?  Is your occupation on the short or long term list?

Dont want to put a downer on things but I have seen this before where all a family settle on a temp visa then cannot all get a PR visa. There is provision if you transit onto a 186/187 but this doesn’t always come to fruition. Any independent visa will have you proving dependence, which when she will be older will be hard. 

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Tulip 1 - there was no question of her age or employment. She intends to get a job when she is out there but won’t be joining me for a while  

Rammygirl - the visa is for 4 years. My position will be Corporate General Manager. It is a medium term visa. What would you recommend as next steps to gain permanent residency?

 

 

Edited by Tom Roffey
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12 hours ago, Tom Roffey said:

Ok. Just to help anyone in the same position.

My concern was how does my 21year old Daughter join myself and my wife on a tss medium term visa. 

The application for my Tss subclass 482 visa which included all of my family- wife and two children 18,21 was lodged on the 12/2. Today it has been approved!  For every one.

So now its real!

 

That's good to hear and must be a big relief for you. Congratulations..

  Cal x

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When we applied for our 186 PR visa, my daughter was 19.  She worked part time and attended college and lived at home.  We just had to list what we provided for her, like food, board etc. I have friends who moved over to Oz around same time as me 2017 and 2018 whose adult children (the oldest being 25) all in full time work but living at home came with them.  All of them on a 186 visa

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On 27/02/2019 at 10:11, safarichick said:

When we applied for our 186 PR visa, my daughter was 19.  She worked part time and attended college and lived at home.  We just had to list what we provided for her, like food, board etc. I have friends who moved over to Oz around same time as me 2017 and 2018 whose adult children (the oldest being 25) all in full time work but living at home came with them.  All of them on a 186 visa

It would be good to know what evidence your friends used for their children if they were all working full time - the information would be helpful

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On 27/02/2019 at 02:11, safarichick said:

When we applied for our 186 PR visa, my daughter was 19.  She worked part time and attended college and lived at home.  We just had to list what we provided for her, like food, board etc. I have friends who moved over to Oz around same time as me 2017 and 2018 whose adult children (the oldest being 25) all in full time work but living at home came with them.  All of them on a 186 visa

Please share how they managed this 

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On 02/03/2019 at 10:15, ali said:

It would be good to know what evidence your friends used for their children if they were all working full time - the information would be helpful

The family who moved over Oct 2018, their daughter was 20 at the time of visa application, living at home but working part time.  Unfortunately I'm no longer in contact with the other family as they moved back to the UK after only being in Australia for 2 months.  What I do know is that they were 21 and 25 at time of visa application and both worked full time and lived at home.  In fact the older one had previously been in the military.

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As I have mentioned in several posts on this subject over time, the issue of dependency is not straight forward.

Under the Regulations, the definition of Member of Family Unit varies significantly, depending on factors such as what visa you are applying for and what visa you already hold (if any).

Someone who may not be considered dependent and thus not a member of the family unit for one application, may be considered dependent for a different type of application, or under different circumstance.

The definition of Dependent Child is further complicated with notions such as wholly or substantially reliant and whether the support is financial, psychological or physical.

As such there is no one size fits all approach, which covers all circumstances. Trying to assess one’s eligibility on a Public forum can lead to problems.

This is an issue where if you have any doubts or uncertainty, professional advice based on individual circumstance should be sought.

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