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143 / bridging visa / dependents


Islay1066

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I put a 143 in for myself and teen daugher in sept 2018. Teen should go to uni this sept. Doesnt want to go, make friends then up and emigrate. How can we go to Oz now. I am 54, need to work. Lots of questions, can you get bridging visa.....and work on it? Are uni students classed as dependent if she has student loan here? If we went to Oz now, and didnt work ( goodness knows how) when PR is granted ( 2 years) could she be a domestic student for uni there ( domestic fees ) If she went now on student visa and I waited for 143 is she still dependent. Any suggestions would be great please 

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Generally speaking, students doing a first degree are considered as dependent. You can only get a bridging visa in specific circumstances and it’s not clear from your post that you would meet those. Given your situation and all the questions it would make sense to get some professional advice. Did you not use an agent for the 143 application?

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10 minutes ago, Islay1066 said:

I had advice for the original visa application but thought tyen we would be ok to wait it out. Circumstances  have changed and really need to go sooner

Paul above is a well regarded agent who will know far more than me. It would be wise to contact him. From what you’ve said I can’t see how you can go sooner.  Even if your daughter goes to uni in Sept it’s quite possible that you would still be in the queue when her three years are up as you’ve only been in it just over a year.  I’m not understanding when you say you’ll get PR in two years time.  With a queue date of Sept 2018 I’d say you’d be looking at a 5 year wait minimum.  I’m sure there’s no bridging visa for the 143. I don’t think having a student loan in the UK would be part of being seen as dependent, I think you need to get confirmation from the university that they are a full time student when asked to provide evidence by a case officer. Also provide evidence of financial support. This is done near the end. She could go to uni in Oz and you go when your visa comes through but if she went now it will cost a lot and she will not be entitled to any student loan in Oz. You would have to pay upfront for the course and all her expenses. If she waited until you have PR which as I say is many years away then she will no doubt pay domestic fees but I’m sure you still can’t get finance unless you’re a citizen but not 100% sure on that. The problem with that idea is she needs to be dependent before your visa is issued so you can’t wait until you have it for her to start.  If she went now and was still at uni when your visa was due to be granted then I think she would be seen as dependant provided you can show you are financially supporting her but that would cost you tens of thousands of pounds. You can’t force her but you need to have a good chat with her. The friends she meets at uni will all go their own way at the end so she’s unlikely to remain close to them anyway.  She needs to know that if she chooses to work rather than uni then she will not qualify as dependent. You are in a horrible situation, I hope you can find a solution.

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46 minutes ago, Tulip1 said:

Paul above is a well regarded agent who will know far more than me. It would be wise to contact him. From what you’ve said I can’t see how you can go sooner.  Even if your daughter goes to uni in Sept it’s quite possible that you would still be in the queue when her three years are up as you’ve only been in it just over a year.  I’m not understanding when you say you’ll get PR in two years time.  With a queue date of Sept 2018 I’d say you’d be looking at a 5 year wait minimum.  I’m sure there’s no bridging visa for the 143. I don’t think having a student loan in the UK would be part of being seen as dependent, I think you need to get confirmation from the university that they are a full time student when asked to provide evidence by a case officer. Also provide evidence of financial support. This is done near the end. She could go to uni in Oz and you go when your visa comes through but if she went now it will cost a lot and she will not be entitled to any student loan in Oz. You would have to pay upfront for the course and all her expenses. If she waited until you have PR which as I say is many years away then she will no doubt pay domestic fees but I’m sure you still can’t get finance unless you’re a citizen but not 100% sure on that. The problem with that idea is she needs to be dependent before your visa is issued so you can’t wait until you have it for her to start.  If she went now and was still at uni when your visa was due to be granted then I think she would be seen as dependant provided you can show you are financially supporting her but that would cost you tens of thousands of pounds. You can’t force her but you need to have a good chat with her. The friends she meets at uni will all go their own way at the end so she’s unlikely to remain close to them anyway.  She needs to know that if she chooses to work rather than uni then she will not qualify as dependent. You are in a horrible situation, I hope you can find a solution.

Tulip - I know in WA you can only get a loan as a Citizen 

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14 minutes ago, ali said:

Tulip - I know in WA you can only get a loan as a Citizen 

I was pretty sure that was the case.  There must be many families turn up there on new PR’s with say a 17 year old assuming that they can go to uni the following year only to find out they can if you pay upfront. 

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7 hours ago, Islay1066 said:

I had advice for the original visa application but thought tyen we would be ok to wait it out. Circumstances  have changed and really need to go sooner

I’m questioning the credentials of your agent if they told you that you’d get your visa in 2 years.

People who applied in 2015 are just getting their visas now, and the queue has slowed down even more since then. You likely have at least another 4 years wait.

Unfortunstely, you can’t just decide that you’d rather wait onshore than offshore. You may need to withdraw your application, go to Australia on a tourist visa and submit a new application. 

The snag to that is how to keep your daughter in education for another 6 years or so.  Even now, that could be a problem. 

I think having a consultation with Pail would be a wise move

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My agent was quoting 4 years from application so approx 2022, in the middle of my daughters uni . I think there is so much to work out. Daughter is adamant that where she does uni she stays so wont consider moving after she has done it. Thank you for all you replies 

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30 minutes ago, Islay1066 said:

My agent was quoting 4 years from application so approx 2022, in the middle of my daughters uni . I think there is so much to work out. Daughter is adamant that where she does uni she stays so wont consider moving after she has done it. Thank you for all you replies 

Well it certainly won’t be 2022. 

Your daughter could potentially get a student visa to do her uni in Australia, if she could live with your other child. But that leaves you stuck in the UK on your own. 

No easy answer I’m afraid. 

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1 hour ago, Islay1066 said:

Thats what we were thinking......but $129,000 for her course so not sure how that's going to work as need some money for the final 143 payment 

Indeed.  And since her university course would only be three years, there's a good chance she'll graduate before you get your visa, and then what will she do?  

Is your daughter really keen to move to Australia, or do you think she doesn't really want to move anyway?   

It would be worth looking through some of the threads here about parents' visas so you can get an idea of how things are moving:

https://www.pomsinoz.com/topic/50481-the-brand-new-pio-parents-visa-thread/?page=872

https://www.pomsinoz.com/topic/207694-parent-visa-application-timelines-143-173/?page=22

Edited by Marisawright
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12 hours ago, Tulip1 said:

I was pretty sure that was the case.  There must be many families turn up there on new PR’s with say a 17 year old assuming that they can go to uni the following year only to find out they can if you pay upfront. 

It's not quite pay upfront, it's pay as you go. So you pay for each semester as you take it.

So you don't need to find the whole fees for the three year course on day one, but you will have to pay for it in six equal installments during those three years

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2 hours ago, Islay1066 said:

She wants to be with her brother. We have no family here and his life and family are extending in Australia....which she will be part of. If she graduates before my visa ( july 23) Mine should be through but if not she will have her brother, working visa etc 

What course is she doing, as unless your visa cones through (and she is classed as a dependent) then she only gets at most two years of a working holiday visa then she needs to qualify for a visa in her own right.

Most jobs on the skilled list require way more than two years working experience to qualify.

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4 hours ago, Islay1066 said:

She wants to be with her brother. We have no family here and his life and family are extending in Australia....which she will be part of. If she graduates before my visa ( july 23) Mine should be through but if not she will have her brother, working visa etc 

She has to remain dependant on you otherwise she won’t get a visa. She won’t get a working visa. She could get a working holiday visa but that won’t give her PR.  If she wants to live near her brother ongoing she has to accept what she needs to do. That’s tough on her at her age but the reality is she either does uni in the UK and then has the rest of her life in Oz if that’s what she wants or she blows it and stays in the UK. Tough but truthful so she needs to get thinking. It sounds like uni in Oz isn’t feasible due to finance so a reality check is needed for your daughter. 

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Its hard for it to be as black and white as that. 2 years ago she was at deaths door . She is better but it was a massive turning point for us all. You get one life, I want her to live it. Will probably look at somehow financing her to do uni in Australia and me go out when 143 is through 

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3 hours ago, Islay1066 said:

Its hard for it to be as black and white as that. 2 years ago she was at deaths door . She is better but it was a massive turning point for us all. You get one life, I want her to live it. Will probably look at somehow financing her to do uni in Australia and me go out when 143 is through 

That only kicks the can down the road...

By the time she finishes the course she will be no longer classed as your dependent (most likely) so won't be able to move on your visa, she also won't have the professional experience to get a visa on her own, so after exhausting some temporary options (like working holiday etc) she will have to go back to the UK anyway most likely

I wish there was a simple answer but I don't think there is...

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9 hours ago, Islay1066 said:

She wants to be with her brother. We have no family here and his life and family are extending in Australia....which she will be part of. If she graduates before my visa ( july 23) Mine should be through...

No, that's what we're saying. Your visa will not be through, because your agent was wrong.    

They allow only about 6,000 cases every year.   There was a big influx of applications n 2016, so by the end of June 2017, there were over 38,500 parent visa applications in the queue.   So, even just to process the cases up to June 2017 is going to take over 6 years.  So you could be looking at 7 or 8 years.

9 hours ago, Islay1066 said:

... but if not she will have her brother, working visa etc 

What do you mean by a working visa? 

If she chooses the right university course in Australia, then she might be able to get a Graduate visa (which is a working visa) for a year to 18 months.  Then she might be able to get a skilled visa in her own right - assuming her occupation is still on the list, the rules haven't changed and she can score enough points.  If she can't qualify for a skilled visa, then she can get another year or two by getting a Working Holiday Visa.  

With all that, she might be able to stretch things out until your visa comes through - but by that time, she's no longer dependent on you, so she loses her right to be included on your visa.  If she can't get a skilled visa, she'll be flying home just as you're arriving.

Edited by Marisawright
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11 hours ago, Islay1066 said:

Its hard for it to be as black and white as that. 2 years ago she was at deaths door . She is better but it was a massive turning point for us all. You get one life, I want her to live it. Will probably look at somehow financing her to do uni in Australia and me go out when 143 is through 

I am glad that your daughter is better - but the reality is that we all have valid desperate reasons for our families to be together. My mum has just turned 70 and has lived on her own without myself or 3 siblings for close to 25 years (my Dad died 27 years ago and she has never remarried). My sister and I here in Aus are desperate for her to live whats left of her one life, here with us in Sydney - with her grandchildren - instead of the fleeting 3 weeks a year with her that we currently have. Sadly,  we have to follow protocol and wait patiently in the line just like everyone else. My mum applied for her visa in September 2016 and we anticipate she will get it no earlier than the end of 2021. As has already been mentioned above, 2016 was a big applicant year due to potential visa class cancellation and people rushed to submit - applicants today would be lucky if they get their visa's in 8 years and the parent visa is one the government would like to stop so who knows what is going to happen in the future.

Unfortunately teeneagers always know better - but your daughter should follow the great advice that some of the forum members have given here. The decision you make will have lifelong implications. Good Luck!

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22 hours ago, Islay1066 said:

My agent was quoting 4 years from application so approx 2022, in the middle of my daughters uni . I think there is so much to work out. Daughter is adamant that where she does uni she stays so wont consider moving after she has done it. Thank you for all you replies 

She may be adamant now that she won’t consider moving after a UK uni course but she is a teenager now and they don’t always make the best common sense decisions. What she says now and what she will think in over three years time is likely to be vastly different. Sure she could stick to her guns and not budge but if she wants to spend her life in Oz with her family that would be a silly thing to do. It sounds like her going to uni in Oz will have disastrous financial consequences to you if indeed possible at all. Have you told her this? Surely if she knows the immense pressure that will put you under she won’t entertain it. Your feelings matter too. Sadly we can’t always have what we want. You say you have to work when you get there. You will be late 50’s by then and finding a job may not be easy. Not impossible but it may take time to get one. Why waste over a hundred grand in international student fees when there’s perfectly good unis in the UK.  That money will be far better spent on your new life when you get there. I am sorry that life has been hard for you both with what’s happened over the last few years your new future life shouldn’t be tarnished with financial worries that are unnecessary.  

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12 hours ago, Ausvisitor said:

That only kicks the can down the road...

By the time she finishes the course she will be no longer classed as your dependent (most likely) so won't be able to move on your visa, she also won't have the professional experience to get a visa on her own, so after exhausting some temporary options (like working holiday etc) she will have to go back to the UK anyway most likely

I wish there was a simple answer but I don't think there is...

What about double Working Holiday Visas back to back and then a 4 year Australian Master's degree?

No guarantees the 143 would be through in 6 years, and unsure if WHV "breaks" dependancy or whether it's treated like a gap year?

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14 minutes ago, Ferrets said:

What about double Working Holiday Visas back to back and then a 4 year Australian Master's degree?.....unsure if WHV "breaks" dependancy or whether it's treated like a gap year?

It would be crucial to check that.   And as you say, it may be unlikely that the OP will have her visa by the end anyway.

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1 hour ago, Ferrets said:

What about double Working Holiday Visas back to back and then a 4 year Australian Master's degree?

No guarantees the 143 would be through in 6 years, and unsure if WHV "breaks" dependancy or whether it's treated like a gap year?

Unless the daughter has some critical illness that makes her legally dependent on the parent then it isn't possible to be classed as a dependent after your 23rd birthday no mater what.

So they could do a 3 yr degree ($130K) - takes the daughter to about 21

2 years WHV - ($negligible - but may break the dependent clause anyway) - takes the daughter to about 23

4 year Masters - ($180K) - takes the daughter to about 27

The only option here (as she still wouldn't have any work experience) would be a recent graduate work visa that (if available) would allwo her 12 months or so in OZ - durign which time she could look for a sponsor and get a temporary sponsored visa - a few years into the temp visa she would probably have the points and expereince to apply for skilled migration PR in her own right.

This relies on her being happy with being temporary for 12 years (ish) and the department not changing the rules on points and her career being on the lists in that timeframe

I suggest you get a second opinion on your current visa plans from a second migration agent - as I think the path you are on won't give you what you both want

 

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Thank you everyone for lots of ideas / thoughts. Realistically,  I cannot find $129,000 dollars for uni there, even if I stayed here and waited out the 143.  My other annoyance though is that when I put in application, wait time was 38 - 44 months, therefore daughter was dependent, hence why applied with her on thec143. By the time it comes through potentially she will not be classed as dependent anymore ( to old to be ) so why did I pay for her part on visa. I paid on the understanding it would be through based on their guidelines . A question for someone somewhere in visa dept ? 

Getting so frustrated and stressed 😞

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