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familywright

has anyone else had the awkward issue of timing with a dependant

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Under 18 who is 17 at the time of application but will be 18 and a non dependent by the time we get the visa....

 

Stepson will be 18 in June and wont be migrating with us (will be coming on his own working holiday visa).


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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If your 17 year old stays in education then they'll still be classed as dependent as far as I understand


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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I'm sorry but I am a little confused, are you saying that you have one child who is 17 now but will be 18 by the time your visa is granted and another child who is already 18?

 

That said the basis here is I think the first part and I believe everything is done from the date that the visa is lodged, I know from my own experience that this was the case as my son was 15 when we started the process of completing the final paperwork but was to be 16 by the time we lodged it and thus we had to work on him being 16 which meant additional fields were completed, not sure if this helps if it doesn't perhaps a little more clarity on the question and I can try again :)


Later days - Dave and Joanne

-------------------------------------------------------------

State Sponsored Visa Granted 20Jan11 - Arrived in Canberra 22Sep11 - Citizens Mar16

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Hi

 

No, 2 kids.one is 7 and stepson is currently 17 and 18 in july. He will not be a dependant then as he wont be a student either.

 

The visa looks like we have to include him (its his Dad's visa) even though he isnt coming with us. We wont be leaving UK until he is 18 and he may come over at some stage independently on a working visa (for which he is eligible when he turns 18).

 

I dont expect we will get husband's via until around the time stepson turns 18 anyway

 

does that make sense?


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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It does thanks :) the answer I believe is pretty much the same, if he will be 17 at the point where the application is lodged then add him, which is wha sounds like twill be the case, everything should be as at the date of lodging not the time of completing nor the time of departure.


Later days - Dave and Joanne

-------------------------------------------------------------

State Sponsored Visa Granted 20Jan11 - Arrived in Canberra 22Sep11 - Citizens Mar16

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It seems a shame he will have to have a medical when he isnt even applying


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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Thanks very much btw


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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Hmm now that I was not aware of and does seem a little strange, are you completing the application yourselves or do you have an agent helping you?


Later days - Dave and Joanne

-------------------------------------------------------------

State Sponsored Visa Granted 20Jan11 - Arrived in Canberra 22Sep11 - Citizens Mar16

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by myself....it says all children (dependents) of the applicant have to have a medical


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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Guest thehoe5

we are in the same situation as my daughter is 17 but dad wont give us a stat dec (although he is up for assault on her now :( ) but if we wait till shes 18 she will need her own we think? she is in full time ed but does the price of the visa triple as if shes over there seems to be a second payment needed?

 

OOH this is all very confusing or am I just being blonde:confused:

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It seems a shame he will have to have a medical when he isnt even applying

 

It depends where you put him in your application - if he is classed as migration depended (he will get visa if can prove he is still dependent if he is over 18) or non-migration dependent he will require medical, if he is in other family members he wont require medical.

 

Maybe you should speak to an agent to decide if he should be put in application.

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we are in the same situation as my daughter is 17 but dad wont give us a stat dec (although he is up for assault on her now :( ) but if we wait till shes 18 she will need her own we think? she is in full time ed but does the price of the visa triple as if shes over there seems to be a second payment needed?

 

OOH this is all very confusing or am I just being blonde:confused:

 

The second payment is only required if secondary applicants have non-functional english. If she has UK passport, this is enough to show functional english.

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Guest thehoe5
The second payment is only required if secondary applicants have non-functional english. If she has UK passport, this is enough to show functional english.

 

Thanks for the reply

 

So hubby has to do IELTS although he is English born n bred but daughter doesn't? (both are btw)

Why do they make all these rules so different?? is it to confuse us Aussie wannabe's because its working BIG TIME!!! :wink:

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Thanks for the reply

 

So hubby has to do IELTS although he is English born n bred but daughter doesn't? (both are btw)

Why do they make all these rules so different?? is it to confuse us Aussie wannabe's because its working BIG TIME!!! :wink:

 

Your Hubby needs to do the IELTS for the points to pass the points test. Having a UK passport is enough to show competent english - which the DIAC also say is a score of 6.0 in IELTS. But having 7's for IELTS gives 10 points and 8's 20 points. (Functional English for secondary applicants is set at 4.5.)

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Guest JenL
by myself....it says all children (dependents) of the applicant have to have a medical

 

My parents applied for their PR skilled visa when i was 17 years old, and i had to have a medical even though i wasn't migrating with them as i didn't want to at the time. I got the impression that the reason i had to have a medical as a dependent was so the Australia department of immigration was satisfied that i had no health issues before my parents left me in England. Along those lines anyway.

 

I am now 23 years old and in the process of applying for the child visa 101 as i have now decided i want to live there with my family...lucky really as iv been in education since they left England, and have been financially dependent on them, therefore making me eligible for the 101 visa (hopefully- im currently waiting for it to be finalised).

 

Your son could also take this route (if he decides to continue studying) but it sounds like he doesn't want to? Alternatively, try and add him to your PR visa application as a migrating dependent while he is still 17, as he might come to regret it like i did..... He can always come back to England for a bit if he doesn't like it in Aus, but at least he will have his PR.

 

Im no expert, so i agree to speak to an agent or professional, but i just thought id give you my thoughts on the matter from my own experience.

 

Good luck with everything :smile:

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The child visa is the reason that all dependent children of a PR visa applicant are required to undertake a medical - as it has a medical exemption waiver. It used to be possible to claim that a child with a medical condition - that would fail a medical - was not migrating, then at a later date after the PR visa was granted apply for a child visa using the waiver to get around the medical.

 

This way the applicant has to place all their cards on the table at the start!

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Ours is a spouse visa by the way


Application for 309/100 lodged date 23/8/12 CO assigned , police checks and medicals requested 28/8/12. Sent. No further information required. Waiting.

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Ours is a spouse visa by the way
also applies to partner visas :o)

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by myself....it says all children (dependents) of the applicant have to have a medical

 

 

Hi we too had this with our eldest who was 24 at time we lodged, we used an agent and he told me to put him down as other family relative and not son, that way he won't need the medical. Hope this helps. Sharon


TRA 04/3/11. Pass 21/3. Practical 11/4. Pass 3/5. SS 03/05. SS Grant 20/5. Visa Lodged 21/5. CO 16/06. PCC 25/06.Meds 29/07. VISA GRANTED 4/08/11 :wink:.

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Hi all, my daughter is 18 and in full time education at universaty, she is unsure if to come with us or to finish her degree in the uk ( there is no way we could afford international fees) but even though she is in full time education she wont be able to come on our visa, the only way for her is to come on a young person working holiday visa for a year and then try to find an employer to sponsor her on a 457 visa, or that is to my best of nolidge, please correct me if I am wrong.

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Hi all, my daughter is 18 and in full time education at universaty, she is unsure if to come with us or to finish her degree in the uk ( there is no way we could afford international fees) but even though she is in full time education she wont be able to come on our visa, the only way for her is to come on a young person working holiday visa for a year and then try to find an employer to sponsor her on a 457 visa, or that is to my best of nolidge, please correct me if I am wrong.

 

I think it depends if she is still financially dependent on you, as she is still in full time education, if you are paying her fees or accommodation or giving her money to live, I think that you can claim that she is a migrating dependent. Depending on what she is doing at uni, the chances of getting sponsorship on 457 can be hard, and 457 is only Temp Residency visa, if sponsorship doesnt work out she will need to find new sponsor or leave.

 

"If the child has turned 18 years of age, they must also be a full-time student and financially dependent on their sponsoring parent. To be considered a full-time student, the child must:

 

 

  • be validly enrolled, and actively participating, in a full-time post-secondary course of study leading to a professional, trade or vocational qualification

  • have been undertaking that course since turning 18 years of age, or have commenced studies within six months or a reasonable period of completing secondary education

  • not be in full-time employment. "

     

 

If you are going over on PR visa, you would not be paying international fees anyway. If you can get her on your application this will make things alot eaiser in future.

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Guest JenL
I think it depends if she is still financially dependent on you, as she is still in full time education, if you are paying her fees or accommodation or giving her money to live, I think that you can claim that she is a migrating dependent. Depending on what she is doing at uni, the chances of getting sponsorship on 457 can be hard, and 457 is only Temp Residency visa, if sponsorship doesnt work out she will need to find new sponsor or leave.

 

"If the child has turned 18 years of age, they must also be a full-time student and financially dependent on their sponsoring parent. To be considered a full-time student, the child must:

 

  • be validly enrolled, and actively participating, in a full-time post-secondary course of study leading to a professional, trade or vocational qualification

  • have been undertaking that course since turning 18 years of age, or have commenced studies within six months or a reasonable period of completing secondary education

  • not be in full-time employment. "

     

If you are going over on PR visa, you would not be paying international fees anyway. If you can get her on your application this will make things alot eaiser in future.

 

I agree with lebourvellec, you should be able to add her to your visa as a migrating dependent if you can prove you have been financially supporting her whilst she is at University studying full-time (e.g. bank transfer statements, accommodation receipts, bills paid for, etc), and she has only been working part-time. This will class her as still dependent on you.

 

But if she wants to stay in the UK to study at University then she could also opt for a Child Visa 101 Offshore later on- this is what i am applying for now, i finished my degree last year and now i'm on my Masters. I have been financially dependent on my parents in Oz, been studying full-time throughout, and only worked part-time. I have had to prove all this for my application with lots of bank statements showing money transfers from my mum (which i have kept over the past few years), Uni letters, proof of part-time work, etc. BUT, make sure this application is sent in before her course ends as she still needs to be in education and 'dependent' on you during the processing of the visa.

 

Hope this helps, good luck!

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Guest JenL

p.s. taking the child visa 101 route is a risk as she would have to prove dependency, etc. Tbh, in my own circumstances, i wish i have just been added to my parents PR visa in the first place as it would have made things a lot easier, and would have saved my parents alot of money with the application fees and agent fees!

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Thanks for your replies, but we ourselves are only on a 457 so not sure how that would work with getting Lauren in, need to do some investigating and see what I can find out.

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