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176: My mother and sister as dependents - is that possible?


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Hi everyone.

 

I hope it would be possible to find any advice on my problem, because it totally confuses me now. Frankly, I simply don't know what to do next and any help would be greatly appreciated.

 

I have a widowed mother and a little sister of 13, and both of them have been dependent on me since my dad had died. We are planning to move to Oz, but after reading a lot of forums over

the net, I decided it would be easier to migrate in two steps: firstly, me and my spouse via GSM, and afterwards, after two years of settling - my mother and sister via the parent visa.

The above decision was made, because proving of dependency seemed to be a complicated and mysterious procedure, and we were going to support my family by sending them money,

unless they eventually join us with a parent visa.

I've lodged my offshore 176 application not long ago, and DID NOT include my mom and sis there, only spouse.

Just a few days ago I suddenly realized (my terrible mistake!), that my mom will not be able to pass the balance of family test, once she has lodged a parent visa application:

my deceased father had a child, my half-brother, which existence destroys everything. He has always been living separately, did not manage even to contact us,

and we are not even sure where he is now. We simply do not have any relationship with him, and he also does not want this relationship to be.

I've thoroughly explored the booklet 3 as well as the "Migration Regulations, 1994".

The latter document claims that the mentioned child could be not taken into account, if my father is deceased and at the time

when my mother had started the relationship with my dad - my half-bro had been over 18 (unfortunately, he had been 4 years old at that time).

This means that it will be impossible to take my family with me to Oz - and this thought devastates me totally. I am now thinking of the possibility of including my

mom and sis into the already lodged application.

 

And I really need an advice here:

 

1. is it possible to change the list of dependents in the already lodged application?

2. do we have any chance of our application being approved in this case?

3. in case we do - what do we need to show as the evidence of the dependency?

 

What comes to my mind is:

- my mother is widowed, she is 53.

- whe is currently unemployed, not on a pension, and it is unlikely for her to find any suitable employment in a small town where we live (she has 2 years remaining before the pension).

- we live together

- I've been transferring money to her account every month during almost a year till now (I can provide a bank statement).

- she has a dependent daughter (my sis), which also requires money to live.

 

4. what else can help us to show the dependency?

5. Have there been any successful stories like mine ? May be someone could share his knowledge with me...

 

 

Any help would be highly appreciated. We're on a CAT 2 now, and awaiting of a CO being allocated soon,

therefore this becomes a matter of urgency now, and it stresses me up even more..

 

Many thanks in advance to everyone who could shed any light to the above matter,

 

Regards,

Evgeny.

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I'm certainly no expert, but I wouldn't have thought you could add a parent or sibling to a skilled visa. Well maybe a sibling who is a minor who was in your care, but as your sister is not in your care then I don't imagine you could include her in your application.

 

Regarding your comment about the parent visa rule, I don't see what your fathers other child (your half brother) has to do with the situation... he is not your mothers child therefore not one of her children?? Therefore he has no bearing on her application for a parent visa!

 

I would certainly take up the advice of a REGISTERED agent though..

 

 

Good luck..

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Guest VickyMel

Unless someone comes on with masses of expereince to advise you - I would suggest you contact one of the agents recommended on here - and maybe ask them if they have had experience with anything similar.

 

I'd suggest you get that information now then the agent can go through the various options with you - for now if there is one and for later if there is one.

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Guest mmleif

They have to be eligible applicants otherwise your co will ask to remove them from the application in order to grant your visa.

 

Same thing happened in my application as I think I entered my parents and siblings in the wrong section, might be migrating or non-migrating, then my co asked for advise if need to remove them from my application, if not, I think mine one will be rejected, or ask them to do more to prove any neccessary evidence.

 

As long as you get your co, I think most of things are negociatable. Good luck.

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