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Remaining Relative Visa


Guest davidday

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Guest davidday
Posted

My mother and step father and brothers live in Adelaide, I am originally from England, I currently reside in the USA, with my American wife and American children.

 

The reason I come to the states was my Dad lived here, he passed away in January this year.

 

My mother has asked me to move down under, she and my brothers and step father are Australian citizens, which makes ME qualify for the remaining relative visa.

 

well at least I thought untill I got to reading this below;

 

 

Family in Australia

 

You must have a brother, sister, parent (or step-equivalent) who is settled and usually resident in Australia and is one of the following:

 

 

  • an Australian citizen
  • an Australian permanent resident
  • an eligible New Zealand citizen.

 

 

You and your partner cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

 

I all but meet the requirements accept(the above marked in red), my spouse still has a sister and mother & father in the USA.

 

Does anybody know if this is taken into consideration has she is my spouse and not just a partner or is that the same thing?? Spouse=Partner??

 

OR

 

Is it on my family alone??

 

I'm needing to know as I am ready to send my forms off to the Immigration.

Guest davidday
Posted

I have done a little searching and from what I am reading I would not qualify for a remaining relative visa, as my spouse still has Parents and a sister, these are classed as close family members. Where is that divorce lawyer.

Posted
My mother and step father and brothers live in Adelaide, I am originally from England, I currently reside in the USA, with my American wife and American children.

 

The reason I come to the states was my Dad lived here, he passed away in January this year.

 

My mother has asked me to move down under, she and my brothers and step father are Australian citizens, which makes ME qualify for the remaining relative visa.

 

well at least I thought untill I got to reading this below;

 

 

Family in Australia

 

You must have a brother, sister, parent (or step-equivalent) who is settled and usually resident in Australia and is one of the following:

 

 

  • an Australian citizen

  • an Australian permanent resident

  • an eligible New Zealand citizen.

 

 

You and your partner cannot have any other brothers, sisters, parents (or step equivalents), or non-dependent children other than those who are usually resident in Australia and are Australian citizens, Australian permanent residents or eligible New Zealand citizens.

 

I all but meet the requirements accept(the above marked in red), my spouse still has a sister and mother & father in the USA.

 

Does anybody know if this is taken into consideration has she is my spouse and not just a partner or is that the same thing?? Spouse=Partner??

 

OR

 

Is it on my family alone??

 

I'm needing to know as I am ready to send my forms off to the Immigration.

 

 

From what you has posted, I advise that you do not satisfy the time of application criteria for a remaining relative visa.

Guest cazbeckham
Posted

David

 

I too thought that since we have emigrated to Australia and have our Daughter and Son in Law out here too. That if my Son in UK wanted to come out he too would be our last remaining relative but as he is living with his Fiance (not sure if they would ever get married but they are living as a married couple,) the Australian Government also say that as she has brothers and parents alive our Son would not qualify as the last remaining relative, even though her parents and brothers would never come here.

It is so unfair on this visa, you would think that perhaps a declaration could be signed to say that the other partners relatives would not intend to emigrate..............

 

If my Son really liked it out here there is no other visa that would get him here and obviously it is the same for yourself?

 

I wish you luck in finding a way and keep us posted if you do find another way out here.

 

Caz

Posted

in the time it would take to get a RRV processed given the current queue times, if people are really keen to move to australia, it might be quicker for them or their partner to retrain and come in on a skilled visa...

Guest cazbeckham
Posted

It wouldnt work with my Son as he and his Fiance have a full time job with City Link Parcel company and work from 6am till sometimes 9pm so would have no time for retraining plus they work all day Saturdays and City Link in Australia will not sponsor anyone.

Posted
It wouldnt work with my Son as he and his Fiance have a full time job with City Link Parcel company and work from 6am till sometimes 9pm so would have no time for retraining plus they work all day Saturdays and City Link in Australia will not sponsor anyone.

 

 

Thats what Open Uni is for. Those with commitments so cant give up work or kids can study in the evening, night & weekends. They do loads of courses should tell them to have a look.

Guest cazbeckham
Posted

Shel

 

It would not work for my Son and Fiance as I said they are up at 5am every day for 6am start at work and sometimes in fact most evening do not get home before 9pm which only gives themn 9 hours for sleep, eat, housework and pleasure.

 

Caz

Posted

It is so unfair on this visa, you would think that perhaps a declaration could be signed to say that the other partners relatives would not intend to emigrate..............

 

 

 

I don't think it is about whether the other relatives intend to emmigrate. I believe this visa is about being compassionate in not leaving one member of a family behind whilst the rest are in Australia. As your son has a fiance and the fiance has a family, then these are also considered his family..

Guest cazbeckham
Posted

Hi Pumpkin

 

Yes I understand that but if my Son and his Fiance did want to emigrate then there is no visa for them.

Only way I would see this is if they split up and he came out on his own as a ladt remaining relative, then she came out on holiday and they got married here but I know that is not going to happen.

It just seems so unfair. Would be good if CityLink who they work for would sponsor them out here but they wont.

 

Never mind he will just have to save up and come out for holidays every few years

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