subclass 143 - dependent child

[WinterBench]

Hi everyone, 

If my parents and younger brother (14 years old) were to apply for 143, is it possible for my brother to come here on a student visa for his university in the future while waiting for the 143 visa to be granted since it takes more than 5 years now apparently?

 

 

[LindaH27]

You may wish to read page 47 of this topic as it had a similar question and  has replies including one from an agent Concerning dependants 

https://www.pomsinoz.com/topic/207694-parent-visa-application-timelines-143-173/?page=47

[WinterBench]

1 hour ago, LindaH27 said:

You may wish to read page 47 of this topic as it had a similar question and  has replies including one from an agent Concerning dependants 

https://www.pomsinoz.com/topic/207694-parent-visa-application-timelines-143-173/?page=47

Thank you for directing me to that thread. Didn't realise it was a 8 years' wait now. What a shame.

 

[Marisawright]

47 minutes ago, WinterBench said:

Thank you for directing me to that thread. Didn't realise it was a 8 years' wait now. What a shame.

 

Your biggest problem will be whether your younger brother will be able to claim dependency.   By the time the visa is granted, he'll be 22 and the cutoff for dependent children is 23, so you'd better hope the waiting time doesn't get extended even longer (which is very possible).   He will have to stay a student from now until the visa is granted because he'll have to prove he's been continuously dependent on your parents.   

He could certainly come to Australia on a student visa in the meantime, but he will have to pay full international fees at university, with no access to grants or student loans.  He would be much better to stay in the UK and complete his education without getting himself or your parents into unnecessary debt. 

Edited July 26, 2020 by Marisawright

[Marisawright]

I just noticed your other posts.  Do you have your own visa yet?  Your parents can't even apply for the 143 visa until you've been settled in Australia for at least 2 years.

That means your younger brother definitely can't be included on the visa, because by the time your parents apply, the waiting period could be more like ten years, assuming the visa is still available (which is certainly not guaranteed). 

The reality is that if you are considering migration to a foreign country, you should always make your decision on the assumption that your family will probably be unable to join you.   In general, countries want skilled workers, but they don't want the burden of extended family members - and the long waiting lists for parent visas reflects that.  Some countries (like the UK) don't even offer them any more, except in extreme circumstances. No one can predict what Australia's visas might look like in two or three years' time?  

Edited July 26, 2020 by Marisawright

[WinterBench]

1 hour ago, Marisawright said:

I just noticed your other posts.  Do you have your own visa yet?  Your parents can't even apply for the 143 visa until you've been settled in Australia for at least 2 years.

That means your younger brother definitely can't be included on the visa, because by the time your parents apply, the waiting period could be more like ten years, assuming the visa is still available (which is certainly not guaranteed). 

The reality is that if you are considering migration to a foreign country, you should always make your decision on the assumption that your family will probably be unable to join you.   In general, countries want skilled workers, but they don't want the burden of extended family members - and the long waiting lists for parent visas reflects that.  Some countries (like the UK) don't even offer them any more, except in extreme circumstances. No one can predict what Australia's visas might look like in two or three years' time?  

Hi Marisa,

 

Thank you for the thoughtful response. I don't have my 190 visa yet though my EOI is ready to be sent in when BSMQ opens. I am currently working FT in QLD.

My family is from an Asian country as well, not UK. We have always lived outside my home country due to the nature of my parents' jobs and thus have no fluency in our language, only in English. Migration is the only way for us since we are third-culture kids. Hence, I was just wondering about the various ways I could help my brother migrate over in the future and wanted to find out more information about this before heading to a migration agent in the far future.

Appreciate your input as always. Thank you. 

[Tulip1]

8 minutes ago, WinterBench said:

Hi Marisa,

 

Thank you for the thoughtful response. I don't have my 190 visa yet though my EOI is ready to be sent in when BSMQ opens. I am currently working FT in QLD.

My family is from an Asian country as well, not UK. We have always lived outside my home country due to the nature of my parents' jobs and thus have no fluency in our language, only in English. Migration is the only way for us since we are third-culture kids. Hence, I was just wondering about the various ways I could help my brother migrate over in the future and wanted to find out more information about this before heading to a migration agent in the far future.

Appreciate your input as always. Thank you. 

I think from what you have said, the only way your brother will get a visa is to get one in his own right as you are doing. If I was you, I’d wait until your two years residency is nearly up and look into visas again then. It may be by then the parent visa option doesn’t exist anymore. Whilst being organised is good, there’s little point in doing that now as so much could change by the time you are able to sponsor someone. 

[WinterBench]

2 minutes ago, Tulip1 said:

I think from what you have said, the only way your brother will get a visa is to get one in his own right as you are doing. If I was you, I’d wait until your two years residency is nearly up and look into visas again then. It may be by then the parent visa option doesn’t exist anymore. Whilst being organised is good, there’s little point in doing that now as so much could change by the time you are able to sponsor someone. 

I was actually under the impression that my time in Australia on a student visa (4 years, 2016 - 2019) would be applicable towards the two years residency? I have an older sister who is an Aus citizen as well. 

Yes, I understand planning right now amidst a pandemic plus possible future parent visa changes probably isn't the greatest idea. 

[Tulip1]

49 minutes ago, WinterBench said:

I was actually under the impression that my time in Australia on a student visa (4 years, 2016 - 2019) would be applicable towards the two years residency? I have an older sister who is an Aus citizen as well. 

Yes, I understand planning right now amidst a pandemic plus possible future parent visa changes probably isn't the greatest idea. 

It may count, I’m not sure about that. Your sister could perhaps get the ball rolling now if not. 

[WinterBench]

2 minutes ago, Tulip1 said:

It may count, I’m not sure about that. Your sister could perhaps get the ball rolling now if not. 

All good, that is definitely a question for a migration agent in the future. Ah, my sister is unable to commence the parent visa process as we wouldn't meet the balance of family test until I attain my PR. 

Thank you for your response thus far, definitely gave me more things to think about!

[Marisawright]

8 hours ago, WinterBench said:

I was actually under the impression that my time in Australia on a student visa (4 years, 2016 - 2019) would be applicable towards the two years residency?

You have to be "settled", and a student visa is only temporary.  

[WinterBench]

2 hours ago, Marisawright said:

You have to be "settled", and a student visa is only temporary.  

Noted, thank you.

[paulhand]

8 hours ago, Marisawright said:

You have to be "settled", and a student visa is only temporary.  

Actually, this is not the case:

The regulations define settled to mean ‘lawfully resident in Australia for a reasonable period’, and Departmental policy says:

“‘Lawfully resident’ includes periods of lawful temporary residence, for example, a sponsor may arrive initially on a Student or a Temporary Work (Skilled) visa before later on becoming a permanent resident. The lawful residence should include the time spent on this temporary visa. In addition, the lawful residence may include periods on bridging visas that are related to events such as making a substantive visa application or a tribunal/judicial review.”

[WinterBench]

18 hours ago, paulhand said:

Actually, this is not the case:

The regulations define settled to mean ‘lawfully resident in Australia for a reasonable period’, and Departmental policy says:

“‘Lawfully resident’ includes periods of lawful temporary residence, for example, a sponsor may arrive initially on a Student or a Temporary Work (Skilled) visa before later on becoming a permanent resident. The lawful residence should include the time spent on this temporary visa. In addition, the lawful residence may include periods on bridging visas that are related to events such as making a substantive visa application or a tribunal/judicial review.”

Thanks for the clarification, Paul.

[someluckyclover]

On 27/07/2020 at 16:45, paulhand said:

Actually, this is not the case:

The regulations define settled to mean ‘lawfully resident in Australia for a reasonable period’, and Departmental policy says:

“‘Lawfully resident’ includes periods of lawful temporary residence, for example, a sponsor may arrive initially on a Student or a Temporary Work (Skilled) visa before later on becoming a permanent resident. The lawful residence should include the time spent on this temporary visa. In addition, the lawful residence may include periods on bridging visas that are related to events such as making a substantive visa application or a tribunal/judicial review.”

Thanks for this clarification Paul! Eased my worries as it’s coming from such a credible source