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matas

Child visa 101 - over 18 year old student

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Hello! Id like to share a situation im in regarding 101 visa and being a student over 18 years old and maybe get guidance on what are my best things to do at this point. 

Im going to give as short of an overview/timelapse of how my processing went up to this point:

April 2nd 2019: they received my paper application (Berlin office). Im still a student in Lithuania of bachelor 4 years program but expect it to finish the course soon,in June. 

April 8th: they asked me for medical and single status certificate. 

April 18th: they receive additional documents and I dont hear from them for long time

June: i finish my 4 year aviation engineering course. I go visit my dad in australia on eVisitor visa expecting a responce soon. 3 months in Australia,no responce. I end up re-entering Australia for another 3 months. During these visits,about in month August,i notice the website changed some things about the conditions: 

Now you need to be a full time student when the decision is made. Althought its not updated everywhere. The booklet #2 for child migration still doesnt mention ANYTHING about being a student when the decision is made. So I figure I dont need to be a student at the time of the decision since I applied before they updated it and I had never seen any mention about it at all and i dug everywhere before applying for this visa not to miss on anything.

December 1st: I go home to Lithuania for 3 weeks, come back to my dad for christmas

January 5th 2020: I call the migration in Australia to tell them im in Australia till March and to make sure im not breaching any conditions. 2 days later I get an email from my case officer from Berlin asking: 

            Evidence of continuous study since June 2019

          Information on how I have occupied your time since July 2019

         Some police checks from australia of me and my dad and his partner.

 

February 1st: I gather the police checks and send it with the graduation diploma with grades of my bachelor studies that i finished in June and explained how I spent my time after studies,that i didnt enroll in any other program to study further. They disappear again. I end up re-entering Australia in March for another 3 months still expecting a responce soon.  

May 2nd: the website states general processing time for 90% is 14months and Im at exactly 13months

June 2nd: Im at 14 months at this point but the processing times change to "low volume of applications" and they dont have a general processing time. I still call the migration to ask about my status of application after the general processing times pass. They tell me they cant tell me anything and they couldnt anyway even if it was 14 months on the website which confuses me alot.

Up to this point my father was sponsoring me 100% all my trips and re-entering. Ive been living with him. Everything provided.

Im still in Australia with my visitor visa expiring in 2 weeks. Im going to apply for subclass 600 onshore visa so I dont have to leave Australia again cause its rather expensive.

 

So my 3 big problems are:

1. Why did they ask about continuous studies after I graduated? Im 99.9% sure they updated the information about being a student after I applied. I attached a picture of the booklet #2 where it states when you are considered to be a full time student and it only says about being a student when you apply. They still didnt change this information everywhere. I planned to study here in Australia after studies in Europe,so it doesnt make sense for me to go study again if I will have to go to Australia. Aspecially when they asked about medicals 1 week in the application which made me feel positive Ill see a decision soon. Would it be a good idea to write a letter to Berlin's office explaining how the information wasn't available at the time when i lodged the application and quote the booklet aswell how it doesnt mention it at all,in the whole 40 page document about this visa type.

 

 

2. Why cant they tell me the status of my application after the general times had passed? Is it cause its a paper application? Should i write a letter to Berlin about this aswell?

3. Is my stay with my dad in australia postpones the decision? Or impacts it in any way? The migration said it doesnt and I can do that,but maybe you guys think it does?

 

This ended up being a long post but I didnt want to miss on any details so you can understand the situation im in. 

If anyone has some knowledge about being over 18 and a full time student when applying for this visa,please help me with this cause any other help on this visa I can find online is when the child is under 18 and its much more simple.

 

 

 

 

 

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The ‘student requirement’ applies at both time of application and time of decision. You should be seeking some professional assistance in this matter. Sadly, the DHA website is not always complete or accurate. 


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me.

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Posted (edited)
52 minutes ago, matas said:

Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me.

Paul is an experienced agent. If he is telling you that you must still be a student at the time of decision, then that is what you need to do.

The point is that as soon as you are not studying, you are old enough to go out and get a job and support yourself - therefore you are no longer a dependant and can't get a dependant visa. 

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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2 hours ago, matas said:

Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me.

I would suggest you contact Paul to discuss whether you have any options. You’ve been out of study for a year now so I’m not sure jumping onto another course would be acceptable. He is a well regarded agent on here. 

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Would it make sense to apply for student visa and study in Australia? Id have to be offshore before the decision is made though

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How do I get in contact with Paul? 

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20 minutes ago, matas said:

How do I get in contact with Paul? 

This is his website:

https://suncoastmigration.mmportal.cloud/assessment/enquiry/general-enquiry#nav-top

 


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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25 minutes ago, matas said:

Would it make sense to apply for student visa and study in Australia? Id have to be offshore before the decision is made though

The problem is that you've already had a year of not studying.  If you've been working during that time, then signing up for another course may not be enough to regain your dependent status.  Paul will be able to advise. 


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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12 hours ago, matas said:

Does this mean Im supposed to jump into some course and pay for it even tho if I get the visa Id have to come to Australia? It makes no sense to me.

Unfortunately the Regulations can be complex and often do not make sense.

The problem with relying on information from the Immigration website is that it is just a brief summary of the requirements and not the actual Law.


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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Information from immigration department sites is simplistic, incomplete and sometims wrong.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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