roland_bosshard Posted July 15, 2019 Share Posted July 15, 2019 I was 23 applied offshore when I applied for Extended Eligibility Dependent Child Visa 445. I have proved that I am dependent with my mum (820 visa holder) and step dad. Hence, my dependent child visa 445 got approved last January 2018. I went here in Australia and applied for 801 visa with my mum last February 2018. Under my visa 445, I have FULL and UNLIMITED work rights and study rights. QUESTION: Do I still need to prove dependency? Or am I allowed to work? PS. I emailed to Victoria Partner Visa Processing and asked this query. They just said that I have no visa restrictions/conditions. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 15, 2019 Share Posted July 15, 2019 I would say that if she's including you as a dependent on the 801 visa then you must still be able to show you are dependent. If you work then you are not dependent any more. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 16, 2019 Author Share Posted July 16, 2019 My agent did his research. I dont have to prove dependency any more. 16 Time of decision criteria 16.1 No need to assess dependency or membership of the family unit Provided the primary applicant has been granted their BS-801 visa, nothing requires an applicant seeking to satisfy the secondary criteria to still be a member of the family unit of, or dependent on, the primary applicant at time of BS-801 decision. Therefore, officers do not need to assess either member of the family unit or dependency requirements. An applicant seeking to satisfy the secondary criteria must satisfy one of the following: they hold a TK-445 or UK-820 visa on the basis of being the member of the family unit or dependent child of a TK-445 or UK-820 visa holder and that person (that is, the primary applicant) has been granted a BS-801 visa - see801.321(a)(i)" Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 16, 2019 Share Posted July 16, 2019 If you have an agent, why did you ask the question here? Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 16, 2019 Author Share Posted July 16, 2019 Second opinion Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 17, 2019 Share Posted July 17, 2019 In your original post you say your mother holds the 820 visa, and your 2nd post says you don't have to prove dependency if the primary applicant holds the 801 visa. So it sounds like until your mother is granted her 801 visa, you still need to prove dependency. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 I have raised this concern to two migrant agents and they both explained that the provision means that I don’t have to prove dependency in the 801 visa application stage. Once my mother is granted the 801 visa, the officers will no longer assess the dependency requirement. It is true that my mum is currently holding the 820 but we are on the 801 assessment stage already. Once a decision is made on her 801 visa, nothing required me to further prove dependency. The officers will just consider that I hold the 445 visa and that is enough. Stated otherwise, I have already proved the dependency when I applied for 445. Now, I have the same rights with my mum in her 820 after the grant of 445. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 You cannot file a 445 visa when the mother already holds the 801 visa. It should be filed during 820 visa before the decision on the 801 visa. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 26 minutes ago, MaggieMay24 said: In your original post you say your mother holds the 820 visa, and your 2nd post says you don't have to prove dependency if the primary applicant holds the 801 visa. So it sounds like until your mother is granted her 801 visa, you still need to prove dependency. pls add your opinion ma’am Quote Link to comment Share on other sites More sharing options...
Toots Posted July 17, 2019 Share Posted July 17, 2019 On 16/07/2019 at 02:27, roland_bosshard said: I was 23 applied offshore when I applied for Extended Eligibility Dependent Child Visa 445. I have proved that I am dependent with my mum (820 visa holder) and step dad. Hence, my dependent child visa 445 got approved last January 2018. I went here in Australia and applied for 801 visa with my mum last February 2018. Under my visa 445, I have FULL and UNLIMITED work rights and study rights. QUESTION: Do I still need to prove dependency? Or am I allowed to work? PS. I emailed to Victoria Partner Visa Processing and asked this query. They just said that I have no visa restrictions/conditions. Are you sure about this? Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 7 minutes ago, Toots said: Are you sure about this? I just checked VEVO. Yep, it is clearly stated UNLIMITED work rights. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 1 hour ago, Toots said: Are you sure about this? Quote Link to comment Share on other sites More sharing options...
Toots Posted July 17, 2019 Share Posted July 17, 2019 I'm not up on visas at all these days but I don't understand why at your age (24) you are dependent on your Mum. If you have unlimited work rights on the 445 visa why aren't you working? Why are you dependent on your Mum? I'm sure there is a logical reason but I don't understand what it is. Quote Link to comment Share on other sites More sharing options...
roland_bosshard Posted July 17, 2019 Author Share Posted July 17, 2019 8 minutes ago, Toots said: I'm not up on visas at all these days but I don't understand why at your age (24) you are dependent on your Mum. If you have unlimited work rights on the 445 visa why aren't you working? Why are you dependent on your Mum? I'm sure there is a logical reason but I don't understand what it is. I was 23, studying Law full time, no work, no kids, not married. Based on visa 445 if you’re 18-25 but financially dependent to sponsor, you are still dependent. Now i was granted with the visa. I came here in Australia and jointly lodged my mum’s 801 permanent partner visa supplemental documents. With my visa, I have unlimited work rights. But the question is, do I still need to prove dependency? Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 17, 2019 Share Posted July 17, 2019 (edited) On 16/07/2019 at 10:28, roland_bosshard said: My agent did his research. I dont have to prove dependency any more. 16 Time of decision criteria 16.1 No need to assess dependency or membership of the family unit Provided the primary applicant has been granted their BS-801 visa, nothing requires an applicant seeking to satisfy the secondary criteria to still be a member of the family unit of, or dependent on, the primary applicant at time of BS-801 decision. Therefore, officers do not need to assess either member of the family unit or dependency requirements. This clause does not apply to you. Look at the words "HAS BEEN granted". This clause applies only AFTER your mother has been granted her visa. Then you will have no restrictions. It says nothing about the requirements AT THE TIME OF APPLICATION or DURING PROCESSING Edited July 17, 2019 by Marisawright Quote Link to comment Share on other sites More sharing options...
Toots Posted July 17, 2019 Share Posted July 17, 2019 37 minutes ago, roland_bosshard said: I was 23, studying Law full time, no work, no kids, not married. Based on visa 445 if you’re 18-25 but financially dependent to sponsor, you are still dependent. Now i was granted with the visa. I came here in Australia and jointly lodged my mum’s 801 permanent partner visa supplemental documents. With my visa, I have unlimited work rights. But the question is, do I still need to prove dependency? You say you have been given advice by two agents. We aren't agents so you should take their advice otherwise we are going round and round in circles here. Quote Link to comment Share on other sites More sharing options...
Nemesis Posted July 17, 2019 Share Posted July 17, 2019 36 minutes ago, Toots said: You say you have been given advice by two agents. We aren't agents so you should take their advice otherwise we are going round and round in circles here. Beats me why someone would get advice from two professionals, yet prefers to listen to the views of our bunch of well-meaning amateurs! For someone intelligent enough to have gone through law school that doesn't seem a very logical thing to do! If we say he is not allowed to work I wonder if he will continue to sit on his butt and let his mum keep him for the next few years too! Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted July 17, 2019 Share Posted July 17, 2019 1 hour ago, Nemesis said: Beats me why someone would get advice from two professionals, yet prefers to listen to the views of our bunch of well-meaning amateurs! For someone intelligent enough to have gone through law school that doesn't seem a very logical thing to do! If we say he is not allowed to work I wonder if he will continue to sit on his butt and let his mum keep him for the next few years too! Exactly what I thought but surely immi will see through that as he’s clearly making a choice to remain ‘dependant’ if he needs to. He’s obviously in a position to work otherwise he wouldn’t be asking the question. OP, you’ve already asked 2 qualified professionals and they’ve given you the answer. I’ve no idea whether their answer is correct but I can see from what you say that you’re on a position to look for work. I cannot imagine any on here will support you choosing to manipulate the system by pretending to still be a dependent in order to obtain a visa. You’re asking if you can work and you have a visa with work allowed so maybe give your mum a break and start supporting yourself . 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted July 17, 2019 Share Posted July 17, 2019 24 minutes ago, Tulip1 said: He’s obviously in a position to work otherwise he wouldn’t be asking the question. Very true. I'd be cautious about revealing that fact in an online forum since we know Immigration does look at them. 1 Quote Link to comment Share on other sites More sharing options...
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