Beddy Posted December 23, 2011 Share Posted December 23, 2011 If only we had known before !s!!! our student daughter whom is now 21years and in her final year at university was 18years old when our application was finally lodged in 2009. She was living at home attending the local grammar school in the 6th form(fully dependant). She moved onto university, gained all the student grants so as to live in student accommodation and experience student life. Although she lived away from home to be close to the university , came home most weekends and holidays we gave her no traceable financial help.She also got a small part-time job to alleviate any further debt. This actually cost her more than we could ever of imagined ! Whilst my daughter was gaining her BED degree in primary education with QTS , gaining student grants and living away from home , she was actually forfeiting her dependency on my OH the main applicant. If she had stayed at home or she had only taken student grant for the course and not living costs we may have proved her dependency on us. Although she has now acquired student debts that she will have to pay back in the future under DIAC regulations she is not a dependant on us nor considered as 'a member of the family unit' .This resulted in one applicant out of a family of six on the visa application not being approved .Please consider the dependency of teenagers within timelines and ensure you can provide financial dependency on the main applicant from 18y years , because emotional dependency is not considered. If we had known we would of kept our daughter at home or at least ensured we could have proved traceable financial dependency.My daughter will now have to apply for a visa independently, incur more debt , more emotional stress and has no security that she can join her family and resettle in OZ which has clearly tainted our celebrations of gaining a PR visa which has taken over 4 years to gain . Link to comment Share on other sites More sharing options...
Que Sera Sera Posted December 23, 2011 Share Posted December 23, 2011 Such a shame no one advised you on this, its always been the way as far as I know, we certainly knew about it when we applied 4 years ago, a friend of mine had to make sure her 19 year old son didnt work all the time that she was waiting for the visa which he nor she like very much. Do you not have an agent? did they not advise you on this? Im sorry to hear of your troubles, but Im afraid it is more proof that you really do need to get professional help when applying for something so important. Good luck to you and her :wubclub: Link to comment Share on other sites More sharing options...
wrussell Posted December 23, 2011 Share Posted December 23, 2011 If only we had known before !s!!! our student daughter whom is now 21years and in her final year at university was 18years old when our application was finally lodged in 2009. She was living at home attending the local grammar school in the 6th form(fully dependant). She moved onto university, gained all the student grants so as to live in student accommodation and experience student life. Although she lived away from home to be close to the university , came home most weekends and holidays we gave her no traceable financial help.She also got a small part-time job to alleviate any further debt. This actually cost her more than we could ever of imagined ! Whilst my daughter was gaining her BED degree in primary education with QTS , gaining student grants and living away from home , she was actually forfeiting her dependency on my OH the main applicant. If she had stayed at home or she had only taken student grant for the course and not living costs we may have proved her dependency on us. Although she has now acquired student debts that she will have to pay back in the future under DIAC regulations she is not a dependant on us nor considered as 'a member of the family unit' .This resulted in one applicant out of a family of six on the visa application not being approved .Please consider the dependency of teenagers within timelines and ensure you can provide financial dependency on the main applicant from 18y years , because emotional dependency is not considered. If we had known we would of kept our daughter at home or at least ensured we could have proved traceable financial dependency.My daughter will now have to apply for a visa independently, incur more debt , more emotional stress and has no security that she can join her family and resettle in OZ which has clearly tainted our celebrations of gaining a PR visa which has taken over 4 years to gain . May I suggest that you consult a registered migration agent to find out what strategies might open to you? Link to comment Share on other sites More sharing options...
Beddy Posted December 23, 2011 Author Share Posted December 23, 2011 Hi guys we did use an agent whom was extremely surprised of the outcome , he challenged the decision with the CO which was then taken higher but unfortunately for us we have been told by DIAC that even if we appealed the decision was not likely to change. We did not meet the criteria as my daughter was not dependant upon us financially(dependant on government student grants) and emotional dependency is not considered.Here's hoping that our unfortunate outcome helps someone applying for a PR VISA with teenagers .Just wish we had come across this site before we lodged our application Link to comment Share on other sites More sharing options...
Peach Posted December 23, 2011 Share Posted December 23, 2011 Respectfully - take Westly's advice and seek the opinion of a different agent (one that knows their job better). Link to comment Share on other sites More sharing options...
Rupert Posted December 24, 2011 Share Posted December 24, 2011 Very surprised at this. My understanding was that children in full time education could be considered dependent up until the age of 25, I believe that there would need to be some kind of financial dependence but never heard that they had to live in same household before. Link to comment Share on other sites More sharing options...
Chris N Lora Posted December 24, 2011 Share Posted December 24, 2011 How can she be dependant on the family if she has moved out making her own money getting grants etc, it is not fair, however you could always validate ur visa via Holiday come back and await your daughter getting a Visa then going over as a family unit otherwise as you say she will have to go it alone ... she is young she will get a visa no problems Good luck what ever you decide Link to comment Share on other sites More sharing options...
Rupert Posted December 24, 2011 Share Posted December 24, 2011 How can she be dependant on the family if she has moved out making her own money getting grants etc, it is not fair, however you could always validate ur visa via Holiday come back and await your daughter getting a Visa then going over as a family unit otherwise as you say she will have to go it alone ... she is young she will get a visa no problems Good luck what ever you decide Children in full time education can be considered dependent up until the age of 25. On what basis do you believe that "she is young and will get a visa no problems"? She could get a WHV no problems but I would think she would have fairly big problems getting anything else as she is not yet a skilled worker. Link to comment Share on other sites More sharing options...
Beddy Posted December 24, 2011 Author Share Posted December 24, 2011 Very surprised at this. My understanding was that children in full time education could be considered dependent up until the age of 25, I believe that there would need to be some kind of financial dependence but never heard that they had to live in same household before. Rupert this was exactly our understanding 'considered dependent as she is still in full education' her grants she has to pay back and her partime job was just working on a Saturday . The mistake we made was we had no proof of providing her financial dependency even though she came home most weekends and all holidays. Link to comment Share on other sites More sharing options...
Chris N Lora Posted December 24, 2011 Share Posted December 24, 2011 My daughter is in college in full time education, I support her for ever penny! she is dependant on us for everything, this child is over the age of legal age she is earning her own income as beddy says doesnt rely on them for any support as her post states. I stated it is unfair however it is rules. She will be able to get a WHV she is really young ... well if you look at the opening post she has a degree in primary education therefore would be able to get a job and sponsored on a ENS.... even if she only gets a WHV and does 2 years in the profession she has trained for then gets a PR after there are many avenues for a young lady. Link to comment Share on other sites More sharing options...
Beddy Posted December 24, 2011 Author Share Posted December 24, 2011 My daughter is in college in full time education, I support her for ever penny! she is dependant on us for everything, this child is over the age of legal age she is earning her own income as beddy says doesnt rely on them for any support as her post states. I stated it is unfair however it is rules. She will be able to get a WHV she is really young ... well if you look at the opening post she has a degree in primary education therefore would be able to get a job and sponsored on a ENS.... even if she only gets a WHV and does 2 years in the profession she has trained for then gets a PR after there are many avenues for a young lady.[/quoteI agree with you she is not financially dependent on us because she is dependant on the state. We were very naive to think she was considered as a dependent because she is in full time education and still under the age of 25years .We also never even considered the impact her independence of going to university would have nor was we advised of this by our agent.The aim of my post was to highlight the implications to others considering applying or in a timeline where the dependency of a teenager may alter .I also agree that she has other avenues of gaining her own visa with a view to gaining PR which we are currently looking into.Although our daughter did not get approved on our visa we consider ourselves to be very fortunate and are extremely happy that we finally got our visa. Thanks guys for your comments. Link to comment Share on other sites More sharing options...
Rupert Posted December 25, 2011 Share Posted December 25, 2011 My daughter is in college in full time education, I support her for ever penny! she is dependant on us for everything, this child is over the age of legal age she is earning her own income as beddy says doesnt rely on them for any support as her post states. I stated it is unfair however it is rules. She will be able to get a WHV she is really young ... well if you look at the opening post she has a degree in primary education therefore would be able to get a job and sponsored on a ENS.... even if she only gets a WHV and does 2 years in the profession she has trained for then gets a PR after there are many avenues for a young lady. The rules are that children in full time education can be considered as dependent up until the age of 25. Of course there would have to be evidence of financial support but if parent was assisting with her finances, then with a well prepared application it might be possible to get a positive outcome. I don't think the fact she had a student loan and a saturday job should make this not possible. There is reference to grants in some posts, I didn't think student grants existed anymore and there are only loans? It is very hard to find work as a primary teacher in Australia never mind get ENS sponsorship. And it is not eligible for skilled migration without state sponsorship, not sure if any states are sponsoring. She may get there in the end but it is not a given and definitely not easy. I would still strongly suggest a second professional opinion on this, perhaps they could try again with better evidence, for a child visa perhaps. Link to comment Share on other sites More sharing options...
Beddy Posted May 6, 2012 Author Share Posted May 6, 2012 Although my daughter was refused on our PR application she was however extremely successful within her BED primary teaching degree .She has now secured a 1st in her degree and secured a job as a primary school teacher in an OFSTED 'outstanding' rated primary school starting in September2012 .Although she wont be joining the rest of her immediate family whom will be relocating to Queensland 2012 she has a good foundation to base her own VISA application in the near future . Maybe one day we will all be living the dream in OZ together. Link to comment Share on other sites More sharing options...
Guest cooperscmc Posted May 21, 2012 Share Posted May 21, 2012 my stepson was 18 when our visa was granted, and 19 when we moved here. He is 21 this month. He lived with his girlfriend when we moved and was working. He has since separated and wants to live with his Dad in Oz, however does not meet the criteria for the under 25 child visa, nor the last remaining relative visa. He would have to migrate in his own right as a skilled migrant or pay very high fees and become an international student. He is here on a working holiday visa just to be able to spend time with his Dad. We are looking into the student route so at some point in the future he can apply for PR in his own right. It is really upsetting and frustrating, especially due to the number of asylum seekers that arrive and the government fund each week. A money making scheme if you are from the UK or any country not on the war torn vulnerable list. You are not alone I suppose. Link to comment Share on other sites More sharing options...
pintpot Posted May 21, 2012 Share Posted May 21, 2012 I'm trying not to be harsh about this, but he is an adult, why should Australia (or any other country) allow him to freely migrate just because he wants to? Also I don't see what introducing the question of asylum seekers has got to do with the price of fish Link to comment Share on other sites More sharing options...
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