Pneill Posted January 9, 2023 Share Posted January 9, 2023 Hi looking to know what visa my stepson would need to apply for who is 18 to come live with his dad and me in wa. Thank you im a bit confused between reading some of the visas. Would probably be onshore application. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 9, 2023 Share Posted January 9, 2023 Which country does he live in and is he working/in full time education? Quote Link to comment Share on other sites More sharing options...
Pneill Posted January 9, 2023 Author Share Posted January 9, 2023 Hes from uk his work just stopped his apprenticeship so no study. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 9, 2023 Share Posted January 9, 2023 1 hour ago, Pneill said: Hes from uk his work just stopped his apprenticeship so no study. I would recommend you speak to a migrant agent and there are some highly regarded ones on this site. It is a shame you didn’t do this before his 18th birthday as now you have to prove he is dependent on you. That’s not easy when he is living somewhere like the UK as there is a benefit system that people can fall back on. He could come out there on a working holiday visa but if you are hoping for a permanent visa for him then do reach out to an agent to see if there is anything that can be done. Best of luck. 1 Quote Link to comment Share on other sites More sharing options...
Pneill Posted January 9, 2023 Author Share Posted January 9, 2023 We were thinking of applying whilst he was in Australia. We wanted him to do this before 18 but he only just came over for his first holiday now he wants to come work soon. With him having to be dependant is that just till the visa is granted? Thanks Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 9, 2023 Share Posted January 9, 2023 19 minutes ago, Pneill said: We were thinking of applying whilst he was in Australia. We wanted him to do this before 18 but he only just came over for his first holiday now he wants to come work soon. With him having to be dependant is that just till the visa is granted? Thanks Yes, he needs to be dependant to get the visa. It’s not just a case of saying he is though, you have to evidence he is. If he had of been in full time education (and you could evidence he was wholly or substantially reliant on you for his basic needs which is food, shelter and clothing) then you’d have your evidence. It’s not as simple as keep him out of a job for a few months and say he’s dependant on you. He wouldn’t be as he could get a job or claim benefits. That’s why you need to speak to an expert. If there’s anyway you can make it work then a migrant agent is the one to do it. 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 10, 2023 Share Posted January 10, 2023 6 hours ago, Pneill said: We were thinking of applying whilst he was in Australia. We wanted him to do this before 18 but he only just came over for his first holiday now he wants to come work soon. With him having to be dependant is that just till the visa is granted? Thanks See a migration agent urgently. Try Suncoast Migration or Go Matilda. It may already be too late, frankly, but that's why you need to be quick. If you want to sponsor him, he must be dependent on you. If he's already qualified in a trade and able to work, you'll have a hard time persuading Immigration that he can't support himself. You need an agent to advise how to avoid that situation. If he can't be classified as dependent, then his only other option to live permanently in Australia is a skilled visa, like the one you probably got yourself: i.e. he'll have to stay in the UK untill he's got the qualifications and experience to get a 189, 190 or 491, and that will take years. In the short term, he could come over on a WHV (working holiday visa) and then perhaps (if you can afford the international student fees), he could go on a student visa for a few years while he studies something, and then maybe a graduate visa if it's a degree course and so on...but eventually he's likely to run out of options and have to go home. Quote Link to comment Share on other sites More sharing options...
Parley Posted January 10, 2023 Share Posted January 10, 2023 Presumably he is living with his mum in the UK so not sure how this can be made to work. Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 10, 2023 Share Posted January 10, 2023 2 hours ago, Parley said: Presumably he is living with his mum in the UK so not sure how this can be made to work. Good point. If he has a parent able to support him in the UK, there's no point in trying to claim he's your dependant. Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 10, 2023 Share Posted January 10, 2023 (edited) 2 hours ago, Parley said: Presumably he is living with his mum in the UK so not sure how this can be made to work. Agree. That’s why I mentioned needing to prove he was wholly or substantially reliant on them. I assume the dad would have been paying maintenance over the years but proving that he was paying for a substantial amount of his upkeep wouldn’t be easy. Also, the son had an apprenticeship and I’m sure child support stops when they start work, even on an apprenticeship. Again, that ties into the bit about struggling to prove dependancy. His apprenticeship may have come to an end but he can get another job and claim benefits around that so he’s not dependent. He’s an adult who can work. Edited January 10, 2023 by Tulip1 Quote Link to comment Share on other sites More sharing options...
Pneill Posted January 12, 2023 Author Share Posted January 12, 2023 Hi low down im Citizen Husband is PR Step son has no trade or skills like i mentioned his work had messed his apprenticeship up in his 1st year. He just went home from having a holiday here and liked it so wants to come over and see the work load is. We can get him an apprentice as soon as he has a PR. He dose live with his mum back home but we were going to do his visa application here in australia as onshore so he would have no sort of income what so ever. The visa im looking at says under 18, between 18 and under 25 in full time study or over 18 cant work due to disability well hes none of them. but would the over 18 and dependent let us apply for this visa onshore tahnks Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 12, 2023 Share Posted January 12, 2023 (edited) 34 minutes ago, Pneill said: Hi low down im Citizen Husband is PR Step son has no trade or skills like i mentioned his work had messed his apprenticeship up in his 1st year. He just went home from having a holiday here and liked it so wants to come over and see the work load is. We can get him an apprentice as soon as he has a PR. He dose live with his mum back home but we were going to do his visa application here in australia as onshore so he would have no sort of income what so ever. The visa im looking at says under 18, between 18 and under 25 in full time study or over 18 cant work due to disability well hes none of them. but would the over 18 and dependent let us apply for this visa onshore tahnks There will be many people that go on holiday to Australia and decide they want to move there. Unfortunately, most won’t be able to. Your partners son isn’t dependent on you. You may be happy to financially help him out short term but that doesn’t mean he is dependent on you (you’ve said yourself you can get him an apprenticeship as soon as he has PR - of course, he is an adult capable of working) It’s a shame his apprenticeship came to an end but he can go and get another job tomorrow. Him choosing not to and you happily helping him out a bit isn’t dependency. Him being onshore and having no income would be because he chose to go on holiday to another country and of course he wouldn’t have an income in that country because he doesn’t have a visa that allows him to work. Everyone that holidays in another country hasn’t got an income there. Can you imagine the amount of people that would turn up on a holiday visa and say I’ve got no income here so I want a permanent visa please if it was that easy. It’s a shame, I understand that but he has a permanent home that he lives in, he’s an adult and lives in a country that he can get a job and if that takes a while he can get help from the state. As I mentioned in my first reply, I’d suggest you touch base with a migrant agent. If there’s anyway around this, they will be able to assist. Edited January 12, 2023 by Tulip1 Quote Link to comment Share on other sites More sharing options...
Pneill Posted January 12, 2023 Author Share Posted January 12, 2023 so if we go the working holiday visa once he has done all the specific work and done 3 years can he apply for another visa to stay? Does UK passport holders still need to do 3-6 ,months pacific work or can he work in kalgoorlie at a mine site for all the 12 months? Quote Link to comment Share on other sites More sharing options...
Tulip1 Posted January 12, 2023 Share Posted January 12, 2023 (edited) 1 hour ago, Pneill said: so if we go the working holiday visa once he has done all the specific work and done 3 years can he apply for another visa to stay? Does UK passport holders still need to do 3-6 ,months pacific work or can he work in kalgoorlie at a mine site for all the 12 months? A working holiday visa doesn’t give a pathway to PR. He will need to have a skill on the relevant lists to apply for PR. Some on a working holiday may get lucky and get sponsored which in turn may lead to PR but a business can’t just chose to sponsor just anyone, there are tight rules around that. That is probably more relevant to the person in their late 20’s who decides on a WHV and manages to get a sponsorship because they have a good skill set in demand. I’d say most people on a WHV wouldn’t end up with a PR and have to return home at the end. It is after all a temporary holiday visa which allows you to work. Some will meet a partner there and get PR that way. Some try their best to hang in there and spend years on expensive student visas in the hope it will one day end in a PR. As for the rules of WHV. I know things changed a while back but I don’t know the ins and outs. It will say on the home affairs website I’m sure. You’re clutching at straws which is understandable. What I don’t understand with something this important is why you don’t reach out to an expert for clarity. If an expert confirms it’s a no go then he can find another apprenticeship (two of my sons friends had their apprenticeships end suddenly and they both found another company to take them on and continue where they left off) once he’s qualified he can do a few years to gain the necessary experience and then apply for PR. He will still be young and what a goal to aim for. Edited January 12, 2023 by Tulip1 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 12, 2023 Share Posted January 12, 2023 6 hours ago, Pneill said: so if we go the working holiday visa once he has done all the specific work and done 3 years can he apply for another visa to stay? In theory, yes. The problem will be, is there be another visa he'll be eligible for? He could apply for a student visa, but I hope you have very deep pockets because the fees for international students are very high -- and then at the end of the course, he'll be back where he started. I'd say he has only one option. He needs to stay in the UK until he's fully qualified in his trade. Then he could come to Australia on a WHV, work in his trade for the 3 years, and that would give him enough work experience to apply for a proper skilled visa (a 189, 190 or 491). Quote Link to comment Share on other sites More sharing options...
Ausvisitor Posted January 12, 2023 Share Posted January 12, 2023 36 minutes ago, Marisawright said: In theory, yes. The problem will be, is there be another visa he'll be eligible for? He could apply for a student visa, but I hope you have very deep pockets because the fees for international students are very high -- and then at the end of the course, he'll be back where he started. I'd say he has only one option. He needs to stay in the UK until he's fully qualified in his trade. Then he could come to Australia on a WHV, work in his trade for the 3 years, and that would give him enough work experience to apply for a proper skilled visa (a 189, 190 or 491). I agree with this, but with the important caveat that the trade needs to be on the "wanted list". The problem is that this process (qualify, who and skilled visa) will take 5-6 years to complete. No one can safely predict which trades will be on the list next year never mind 6 years from now Dependency is a difficult one to prove, we had to do it as s our daughter turned 18 between doing the medicals and getting the grant (4 weeks). If we had applied a month earlier we would ha e missed a bucket load of annoying paperwork. Unless you can prove you have been paying for his accomodation (not in the family home) and all his living costs (food, clothing, transport) you will be very unlikely to show dependency so you need to put that aside and start looking for other options, unless a really good agent has some other insights I am pretty sure the dependence route is a non-starter 1 Quote Link to comment Share on other sites More sharing options...
Marisawright Posted January 13, 2023 Share Posted January 13, 2023 (edited) 11 hours ago, Pneill said: The visa im looking at says under 18, between 18 and under 25 in full time study or over 18 cant work due to disability well hes none of them. but would the over 18 and dependent let us apply for this visa onshore No. It doesn't matter whether he's offshore or onshore, the same rules apply. If he's over 18 then he has to either be in full-time study or disabled. The dependant visa is not an option. As Ausvisitor says, even if he stays in the UK to get a trade qualification and then comes on the WHV after that, there's no guarantee he'll manage to get a visa. However IMO it's his only chance. Edited January 13, 2023 by Marisawright Quote Link to comment Share on other sites More sharing options...
wrussell Posted February 28, 2023 Share Posted February 28, 2023 Lawyers cannot have OMARA registration, but they can give migration advice, even if the know nothing about it. 2 Quote Link to comment Share on other sites More sharing options...
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