Guest carol-uk Posted March 20, 2007 Share Posted March 20, 2007 Hello Everyone. This is my first time posting in the forums. My question is, we are considering immigrating to oz. My husband and I have 2 children. One is 15 and the other is 18. We have been informed that because my eldest son is 18 he will not be able to immigrate with the family because he will have left school and will be classed as a non-dependant. Is there any way of getting around this issue and has anyone had any previous encounters with this problem? Any help would be much appreciated as I don't want to go without him. :unsure: Link to comment Share on other sites More sharing options...
Guest THE JONEZYS Posted March 20, 2007 Share Posted March 20, 2007 Hello and welcome. Our 18yo stayed on at college so thet he was still dependant on us, we had no probs' just had to give info on college and how many hours per week he studied. If I had known it would be so easy I would have made the 19 yo stay on at college so he could have come on our visa too. Good luck Lesley Link to comment Share on other sites More sharing options...
Guest carol-uk Posted March 20, 2007 Share Posted March 20, 2007 Thanks for your reply, trouble is my son is just taking his A levels and will be finished in june. He does not intend to go to universtity. We have been told that we could go for it now and try and get the application in before he finishes. Suggestions? Did you have to put your 19year old on a separate visa? Link to comment Share on other sites More sharing options...
ptlabs Posted March 21, 2007 Share Posted March 21, 2007 Hello Everyone. This is my first time posting in the forums.My question is, we are considering immigrating to oz. My husband and I have 2 children. One is 15 and the other is 18. We have been informed that because my eldest son is 18 he will not be able to immigrate with the family because he will have left school and will be classed as a non-dependant. Is there any way of getting around this issue and has anyone had any previous encounters with this problem? Any help would be much appreciated as I don't want to go without him. :unsure: Over 18's are treated as non-dependents unless otherwise proven. I would suggest that you seek professional advice on this, as there may be options to bring your son to Australia after you all become permanent residents. However, it may well not be on the same visa. Peter Link to comment Share on other sites More sharing options...
Guest Davidgolf Posted March 22, 2007 Share Posted March 22, 2007 Hi Carol Our Daugther Is 18 And We Got Her In On Our Visa She Was And Still Is In Full Time Work She Is An Apprntice Hairdresser And My Husband Put Down Her Low Wage And Said That She Is Still Depdent On Us And Our Case Worker Told Us To Give It A Try And As I Said She Is On Our Visa No Trouble And Is Caming With Us When We Go In Sept, Hope This Helps Sharon Link to comment Share on other sites More sharing options...
Guest THE JONEZYS Posted March 22, 2007 Share Posted March 22, 2007 Thanks for your reply, trouble is my son is just taking his A levels and will be finished in june. He does not intend to go to universtity. We have been told that we could go for it now and try and get the application in before he finishes. Suggestions? Did you have to put your 19year old on a separate visa? Our 19yo came just on a working visa. He is now 20 and only lasted 8 weeks in Aus before going back to England!! Our 18yo was taking A levels as we applied. Our visa still wasn't granted in September so Lou just signed up for another course. Luckily it was only for about 6 weeks and then he was able to leave. Lesley Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 22, 2007 Share Posted March 22, 2007 Our son isnt coming, he is 18..and totally his choice..he has been before and doesnt feel it is the right time for him to come right now...As he is working he is classed as adult, so therefore not dependant..should he have stayed in education he would still be dependant..he is on our visa as non migrating but still had to have medicals and police checks done, does this mean that should he want to come later that he can come without applying on his own??? At the time of applying he was 17 and dependant..would make it easier if he can just tag along at a later date, but i bet this isnt the case and he will still have to apply on his own merits Hi Jo Would your son count as a Remaining Relative once you have been in Oz for long enough? Have a look at the criteria, I suggest. Please see here: http://www.immi.gov.au/migrants/family/115/index.htm Cheers Gill Link to comment Share on other sites More sharing options...
Welshtone Posted March 22, 2007 Share Posted March 22, 2007 Hi Dependency of children 18 and over, who are not in full-time study, used to be quite involved until they changed the law a good few years ago which makes it quite simple and nothing to worry about too much. Turning 18 does not mean they become non-dependent overnight, it just means the onus is on you to prove they are still dependent. The only dependency that is relevant is financial dependency and relates to whether a child is earning enough money to provide for his/her food, clothing and shelter. This financial dependency also has to have existed for a substantial period - usually considered to be a year. So it is very straight-forward if you can keep your 18 year old out of a job until the visas are granted. If they are entitled to social security payments, even if you are confidant you could still argue that it was not enough to feed, clothe and shelter them, best not to claim until visa is granted. Regards Tony Coates MARN 0635896 Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 22, 2007 Share Posted March 22, 2007 Thanks for that Gill..upon reading tho it seems that he wont be eligible as Amie our eldest (21) is also staying here..which means that he will still have a relative here..or am i reading it wrong..it says both criteria... cheers hun xx Hi Jo, Unfortunately, you are not reading it wrongly unless I am reading it wrongly as well. I wouldn't be able to claim Remaining Relly either because I'm in the UK and I have a half-sister here. It seems to me that if you want to get your two eldest to Oz, probably one would have to do so on skills and the other could then maybe do Remaining Relly, perhaps. Cheers Gill Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 23, 2007 Share Posted March 23, 2007 Hi Dependency of children 18 and over, who are not in full-time study, used to be quite involved until they changed the law a good few years ago which makes it quite simple and nothing to worry about too much. Turning 18 does not mean they become non-dependent overnight, it just means the onus is on you to prove they are still dependent. The only dependency that is relevant is financial dependency and relates to whether a child is earning enough money to provide for his/her food, clothing and shelter. This financial dependency also has to have existed for a substantial period - usually considered to be a year. So it is very straight-forward if you can keep your 18 year old out of a job until the visas are granted. If they are entitled to social security payments, even if you are confidant you could still argue that it was not enough to feed, clothe and shelter them, best not to claim until visa is granted. Regards Tony Coates MARN 0635896 Hi Tony Does the legislation prohibit the CO from asking: If this 18+ year-old is no longer at school then why isn't s/he: 1. Studying? 2. Working? 3. Claiming the dole which is readily available in the UK? You might well be right but I find it hard to believe that DIAC can't spot a strategy that is a deliberate visa-ploy, surely? And if they can spot it (as they surely can) why can't they quibble about it, please? Puzzled Gill :skeptical: :frown: Link to comment Share on other sites More sharing options...
Welshtone Posted March 23, 2007 Share Posted March 23, 2007 Hi Gill It is a legal question of fact - who is providing the money that you need for clothing food and shelter ? have they been doing it for a substantial period ? Two yes's and that is the end of the story. Case officer can ask what she likes. e.g. Your son is 19 and has never worked or claimed benefits since leaving school and/or turning 18. Please advise whether he is eligible for any benefits, the weekly value, and why he is not claiming such? Possible Answer. We have provided everything for our son since he entered into this world, on top of providing for his basic needs of food, clothes and shelter. We have never asked for anything in return nor has the lazy sod ever offerred us anything. Nevertheless, he is our son and our responsibility while he remains at home and we see it as out duty, not the state's, to keep providing for him and supporting him financially until he is able to do so himself. We would bring this same attitude to Australia and would not be relying on Australia for any financial support whether or not we are eligible for such. Or you could just tell them it is not relevant and to mind their own business. Regards Tony Coates MARN 0635896 Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted March 23, 2007 Share Posted March 23, 2007 Hi Tony :biglaugh: :biglaugh: :biglaugh: For an ungodly hour of the morning, your sense of humour is brilliant!!! I love the bit about the "lazy sod." One could add, "A job is out of the question for him and so is claiming the dole because it is impossible to prise the blighter out of bed before noon!" mebbe? The possibilities are endless....! Thanks for making me laugh on a weekday morning. A RARE achievement, that is! Hugs Gill :biggrin: Link to comment Share on other sites More sharing options...
Guest melly1982 Posted March 24, 2007 Share Posted March 24, 2007 Hi, I have been in the same position myself, although I am older. I have entered the country on a working holiday visa at the same time as my Mum and Step-dad, my Mum is on a temporary spouse visa. Because I am 24, and obviously not classed as a 'dependent' anymore I would not be able to be on that visa, even though I wish to be with my family. Also, because I still have a sister in London I am not able to apply for last remaining relative. I've have been working and trying to get work sponsorship (457 visa), which I am hoping to get the go ahead in the next few months, otherwise I am going to go back to college on a student visa just so I have some breathing space to work out another way I can stay here! I feel quite upset that it is so difficult for me to be here, and to stay with my Mum and step-dad - but you've just got to keep going! From what you have said I still think your son can come under this visa as he is still dependent for you for clothes, housing, food etc. But I would recommend that you seeked professional advice. If you check the dimia website can you actually read all the requirements of this visa. Even if you were to apply for it and it got rejected, you can still appeal. Regards, Mel. Link to comment Share on other sites More sharing options...
Guest ellie2 Posted March 26, 2007 Share Posted March 26, 2007 Hello Everyone. This is my first time posting in the forums.My question is, we are considering immigrating to oz. My husband and I have 2 children. One is 15 and the other is 18. We have been informed that because my eldest son is 18 he will not be able to immigrate with the family because he will have left school and will be classed as a non-dependant. Is there any way of getting around this issue and has anyone had any previous encounters with this problem? Any help would be much appreciated as I don't want to go without him. :unsure: Hi Our daughter was 19 when we applied and had finished her NVQ level 2 hairdressing course, she was working in a salon 30 hours a week but only earning £115.00 pw. We had to prove she was still dependant on us. We did a list with cuttings from the local paper with the price of flats, council tax she would have to pay, electricity, gas, food, clothes ect, and also made the point that she had never lived away from home and was financialy and emotionally dependant on her family. We did state that she paid for all her own clothes, bus fares, and any personal items herself and also paid board to us with the wages she earned. We had to send in her wage slips as proof of earnings. We got our visa!!!!! We had been told by numerous agents she would not be included on the visa but it was relatively easy. Link to comment Share on other sites More sharing options...
Welshtone Posted March 26, 2007 Share Posted March 26, 2007 As an Agent, I would also have been a little pessimistic because of her earnings but you do not lose anything by including an over 18 child in the application - as long as you are aware that it could be a problem. Regards Tony Coates MARN 0635896 Link to comment Share on other sites More sharing options...
Guest McCanns Posted March 26, 2007 Share Posted March 26, 2007 Hi, This may help. We had our visas issued in December, a couple of days after our 22yr old son decided that he wanted to come with us. (he finishes uni this summer) We were of course too late to add him onto the visa. I was told after numerous calls to the Australian Embassy and a coupe of agents, that I could not sponser him as a last remaining relative, as we had not activated our visas yet. So I went onto the immi website and got him a years working holiday visa. It took 20 minutes to fill in the details and we had an electronic reply with his granted visa number back in an hour. Once out there, if he likes it, I can sponser him and if he doesn't, then he can come back to the UK. His choice. The visa only cost me £80. It allows him to work for up to 6 months and study for 4months if he chooses. Hope that gives you some help or at least an other avenue to investigate. Good luck with your plans. Neal Link to comment Share on other sites More sharing options...
Guest melly1982 Posted March 26, 2007 Share Posted March 26, 2007 Hi, This may help. We had our visas issued in December, a couple of days after our 22yr old son decided that he wanted to come with us. (he finishes uni this summer) We were of course too late to add him onto the visa. I was told after numerous calls to the Australian Embassy and a coupe of agents, that I could not sponser him as a last remaining relative, as we had not activated our visas yet. So I went onto the immi website and got him a years working holiday visa. It took 20 minutes to fill in the details and we had an electronic reply with his granted visa number back in an hour. Once out there, if he likes it, I can sponser him and if he doesn't, then he can come back to the UK. His choice. The visa only cost me £80. It allows him to work for up to 6 months and study for 4months if he chooses. Hope that gives you some help or at least an other avenue to investigate. Good luck with your plans. Neal Hi Neal, How can you sponsor your son. For myself even if my mum was a permanent resident I didn't think that would be possible. I am in the same position as your son but slightly older at 24. I've had to come out on a working holiday so I can be with my family here. My mum is on a temporary spouse and my step dad is a Perm resident. Regards, Mel. Link to comment Share on other sites More sharing options...
ptlabs Posted March 27, 2007 Share Posted March 27, 2007 For myself even if my mum was a permanent resident I didn't think that would be possible. I am in the same position as your son but slightly older at 24. I've had to come out on a working holiday so I can be with my family here. My mum is on a temporary spouse and my step dad is a Perm resident. Mel, Do you have any other near relatives residing outside of Australia? A possible option is to get a sponsored skilled visa? Or have you gone through your visa options with a registered migration agent already. Peter Link to comment Share on other sites More sharing options...
Guest McCanns Posted March 27, 2007 Share Posted March 27, 2007 Hi, Can't your step dad sponsor you as a last remaining relative etc. My son is my stepson. I am under the impression that once out there, I can sponsor him as a last remaining relative. He will also be a dependant as he has been in full time education up until we leave in july. I have a skilled migration visa which gives me permanant residency, thats my understanding from the immigration website and through talking to them in Adelaide. Try contacting them direct and ask their advice. You never know. Neal Link to comment Share on other sites More sharing options...
Guest melly1982 Posted March 27, 2007 Share Posted March 27, 2007 Mel, Do you have any other near relatives residing outside of Australia? A possible option is to get a sponsored skilled visa? Or have you gone through your visa options with a registered migration agent already. Peter Hi Peter, My younger sister has decided that she didn't want to come over - for the moment anyway. And my grandparents are planning on emigrating at some point next year so I could not come in as last remaining, my sister will probably come in under that if she does decide to come over. From my own research and then going to a migration agent myself through work, my only option is to either to get a 457 - sponsored work visa, or go back to college. Obviously I want to get sponsored, as I don't want to waste my time at college/nor the expense. I've just got a new job and on a 4-8 week trial, if all goes well the company said they will sponsor me - so fingers crossed! Link to comment Share on other sites More sharing options...
Guest melly1982 Posted March 27, 2007 Share Posted March 27, 2007 Hi,Can't your step dad sponsor you as a last remaining relative etc. My son is my stepson. I am under the impression that once out there, I can sponsor him as a last remaining relative. He will also be a dependant as he has been in full time education up until we leave in july. I have a skilled migration visa which gives me permanant residency, thats my understanding from the immigration website and through talking to them in Adelaide. Try contacting them direct and ask their advice. You never know. Neal Hi Neal, Yes I think you're right. I wish I was 19 still, it would be so much easier!!!! Unfortunately my sister is still in London, and I have grandparents planning on emigrating at some point next year. I've already seen a Migration agent/specialist through my last job and unfortunately there is no visa I can apply for through my family. My options are either go back to college or get sponsored by a company. I've just got a new position and am hoping to get sponsored through work, as I cannot afford to go back to college and I already have a degree and don't want to waste my time studying something I don't want to study. Mel. Link to comment Share on other sites More sharing options...
Guest sharpfamily Posted March 28, 2007 Share Posted March 28, 2007 We were lucky in that we were able to put our application in before our sons 18th birthday. He was also still at college, living at home and therefore classed as dependant. The agent is right and he has to apply for a visa himself. Our eldest daughter was 20 when we started our application, and decided that she didn't want to come with us. She will posssibly come out later and our migration agents said that once we are in Aus. she will probably find it easier to get her visa granted. Is your son still at college or studying/working somewhere which is one of the in-demand occupations?? That would make his application a bit easier.....or he could possibly go ou on a student visa until he has decided what he wants to do. Your agent should be able to go through all the options with you....he won't have to stay behind!! and if the agent isn't very hopeful, it may mean talking to another - some are more helpful than others - we certainly found this as we were a difficult case!! Link to comment Share on other sites More sharing options...
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