Dependant children over 18

[DLB]

Hi everyone, If anyone could offer me some advice it would be very much appreciated. We are hoping to move to Perth in the not too distant future, but due to being 5 points short for a permanent visa we would unfortunately need to apply for a 489 T/V with a view to applying for the 887 P/V after 2 yrs. We have a daughter who will be 18 when we apply who would apparently therefore need to be in full time education to be able to be included on our visa due to her age? We have looked into a full time college course that interests her but she has also been offered the same qualification but as an apprenticeship which she would get a small wage for; £350 p/m. She would still be living at home and obviously would be dependant on us still on such a low wage. Therefore my question is... although this apprenticeship wouldn't be classed as being in full time education, as most of her week would be hands on in placement, it is still a learner course so would this still make her eligible to be on our visa? Sorry to make it long winded but thought I need to properly explain my circumstances.

Thank you in advance.

Edited March 28, 2017 by DLB

[ali]

I think you can now be a dependent until age 23. If they're not in FT education I think that you have to show how they are dependent upon you. I've heard people gather evidence such as rents in your area etc, travel costs etc., (to show that she couldn't live independently on the 350 per month.

 

How long will the apprenticeship be for and would she want to leave at the end of it to go to Aus with you?

[verystormy]

There are a few issues that I would recommend you address.

 

First, your daughter. I think that would be a struggle to class her as dependent. I would consult a registered migration agent on this.

 

Second, visa. You mention you are short of points. Have you included ILETS in your calculation? Or considered a 489 which would add points (Still not a full PR visa, but better than a 457)

 

If you do go down the 457 route then you cant just apply for it. You would need to find an employer willing to sponsor and that is now harder than you may think even for nurses.

 

Then, if you go down the 457 route you need to be very aware of what this means. There is no automatic path to PR, far from it and it requires the employer to sponsor it. Many employers do not and there is no way of forcing them. As a result, you should take a 457 on the assumption you will return at the end of the visa (up to 4 years). You would also need to be aware of the restrictions on a 457 such as it is tied to the employer so if you were to lose your job for any reason, you would only have 60 days to find another or leave the country - bear in mind that nurses have been made redundant in the last few years in WA. It would also mean you would pay for education for school age children - currently $4000 per year. Then, one of the bigger issues is that the partners of 457 holders can struggle to get work. This is particularly an issue at the moment when WA is in recession.

[Druid]

My daughter was in uni & 21 when we came over on a 457, she was included on the initial 457 application and this was never questioned, she came over to Aus and joined us 6 months later, when I applied for Regional Sponsored we had to prove my daughter was dependant on us, which she clearly was, but how to prove it as she was living in a shared house in the UK whilst in uni, we had a direct debit going to my daughters account, we proved this, we paid for her mobile phone and internet, we proved this, we paid the shortfall in the accomodation, we could prove this, when we thought about it the list was endless, we sent it all in to DIAC and the application came out positive

[ali]

There are a few issues that I would recommend you address.

 

First, your daughter. I think that would be a struggle to class her as dependent. I would consult a registered migration agent on this.

 

Second, visa. You mention you are short of points. Have you included ILETS in your calculation? Or considered a 489 which would add points (Still not a full PR visa, but better than a 457)

 

If you do go down the 457 route then you cant just apply for it. You would need to find an employer willing to sponsor and that is now harder than you may think even for nurses.

 

Then, if you go down the 457 route you need to be very aware of what this means. There is no automatic path to PR, far from it and it requires the employer to sponsor it. Many employers do not and there is no way of forcing them. As a result, you should take a 457 on the assumption you will return at the end of the visa (up to 4 years). You would also need to be aware of the restrictions on a 457 such as it is tied to the employer so if you were to lose your job for any reason, you would only have 60 days to find another or leave the country - bear in mind that nurses have been made redundant in the last few years in WA. It would also mean you would pay for education for school age children - currently $4000 per year. Then, one of the bigger issues is that the partners of 457 holders can struggle to get work. This is particularly an issue at the moment when WA is in recession.

 

Whilst I agree it's certainly harder to get sponsored, I work in health and not one of my colleagues got made redundant (and some applied), it was more people in positions of re-deployment or positions that had been changed where I worked.

[DLB]

There are a few issues that I would recommend you address.

 

First, your daughter. I think that would be a struggle to class her as dependent. I would consult a registered migration agent on this.

 

Second, visa. You mention you are short of points. Have you included ILETS in your calculation? Or considered a 489 which would add points (Still not a full PR visa, but better than a 457)

 

If you do go down the 457 route then you cant just apply for it. You would need to find an employer willing to sponsor and that is now harder than you may think even for nurses.

 

Then, if you go down the 457 route you need to be very aware of what this means. There is no automatic path to PR, far from it and it requires the employer to sponsor it. Many employers do not and there is no way of forcing them. As a result, you should take a 457 on the assumption you will return at the end of the visa (up to 4 years). You would also need to be aware of the restrictions on a 457 such as it is tied to the employer so if you were to lose your job for any reason, you would only have 60 days to find another or leave the country - bear in mind that nurses have been made redundant in the last few years in WA. It would also mean you would pay for education for school age children - currently $4000 per year. Then, one of the bigger issues is that the partners of 457 holders can struggle to get work. This is particularly an issue at the moment when WA is in recession.

 

Hi Verystormy, sorry my mistake I meant to say 489 visa not 457. Yes it would be the 489 as I would receive extra points for my sister sponsoring us and would then hopefully be able to apply for the 887 after 2 yrs? Yes I think I will need to seek some advice as it would be a shame for her to not do it as an apprenticeship and get a small wage when she would come out with the same qualification at the end but it just depends on the visa criteria?

Thanks for your advice

[DLB]

My daughter was in uni & 21 when we came over on a 457, she was included on the initial 457 application and this was never questioned, she came over to Aus and joined us 6 months later, when I applied for Regional Sponsored we had to prove my daughter was dependant on us, which she clearly was, but how to prove it as she was living in a shared house in the UK whilst in uni, we had a direct debit going to my daughters account, we proved this, we paid for her mobile phone and internet, we proved this, we paid the shortfall in the accomodation, we could prove this, when we thought about it the list was endless, we sent it all in to DIAC and the application came out positive

 

Thank you Druid that is very helpful. It would be a 489 we would be going on but would still have the same difficulties with my daughter so that's good to know. Can I please ask if your daughter received a bursary?

[DLB]

I think you can now be a dependent until age 23. If they're not in FT education I think that you have to show how they are dependent upon you. I've heard people gather evidence such as rents in your area etc, travel costs etc., (to show that she couldn't live independently on the 350 per month.

 

How long will the apprenticeship be for and would she want to leave at the end of it to go to Aus with you?

 

Hi Ali, her apprenticeship or college course (whichever she ends u doing) both are 1 year courses. It just seems a shame that she will come out with the same qualification but could do it as an apprenticeship and earn a little wage rather than nothing. I just need to be clear of if this will penilise us when it comes to her being on our visa? Yes she wants to come with us when we go.

[ali]

Hi Ali, her apprenticeship or college course (whichever she ends u doing) both are 1 year courses. It just seems a shame that she will come out with the same qualification but could do it as an apprenticeship and earn a little wage rather than nothing. I just need to be clear of if this will penilise us when it comes to her being on our visa? Yes she wants to come with us when we go.

 

Druid managed to get their 21 year old child here (my eldest is 22 and I still say child ... because that's what she'll always be lol). I'm sure they'll be able to offer you assistance. Good luck x

[DLB]

Druid managed to get their 21 year old child here (my eldest is 22 and I still say child ... because that's what she'll always be lol). I'm sure they'll be able to offer you assistance. Good luck x

 

Thank you Ali, can you recommend any migration agents that don't cost a fortune for some advice and knowledge?

[ali]

Thank you Ali, can you recommend any migration agents that don't cost a fortune for some advice and knowledge?

 

I'm not sure how much they cost - any of the regular agent posters on here are worth contacting. Camilla at New life down under has provided some very helpful posts on the forum and her contact details are her signature (or you could send her a PM).

[DLB]

I'm not sure how much they cost - any of the regular agent posters on here are worth contacting. Camilla at New life down under has provided some very helpful posts on the forum and her contact details are her signature (or you could send her a PM).

 

Thank you, where will I find her contact details?

[verystormy]

Thank you, where will I find her contact details?

 

camilla@newlifedownunder.com.au

www.newlifedownunder.com.au

[DLB]

camilla@newlifedownunder.com.au

www.newlifedownunder.com.au

 

That's brilliant thank you.

[Rossmoyne]

@DLB I unreservedly recommend Camilla at New Life Downunder as suggested by Verystormy. Camilla lives in Perth and is very experienced and will be honest with you on your options and chances of gaining a visa.

 

As far as your daughter is concerned, to ensure that she is seen as being dependent upon you, you will have to provide evidence of this. The best way to do so is not to give her cash for what she needs, but to transfer regular amounts from your bank account to hers, and to state in the bank transfer what it is for. EG Rent, Petrol, Tuition Fees, Books, insurance, commuting costs to college etc etc. The more transfers the better and not putting everything into a few transfers that cover everything. I am not sure that an apprenticeship would be acceptable under the rules as your daughter would be earning a wage, albeit small. I have heard of dependents being refused because of being in apprenticeships. However if she had a casual job elsewhere to earn pocket money, I am sure that would not be taken into account, especially if it was a cash in hand role.

 

Please keep us updated on your journey.... so many informed people on this forum who can help you along the way.

Edited March 30, 2017 by Rossmoyne

[DLB]

@DLB I unreservedly recommend Camilla at New Life Downunder as suggested by Verystormy. Camilla lives in Perth and is very experienced and will be honest with you on your options and chances of gaining a visa.

 

As far as your daughter is concerned, to ensure that she is seen as being dependent upon you, you will have to provide evidence of this. The best way to do so is not to give her cash for what she needs, but to transfer regular amounts from your bank account to hers, and to state in the bank transfer what it is for. EG Rent, Petrol, Tuition Fees, Books, insurance, commuting costs to college etc etc. The more transfers the better and not putting everything into a few transfers that cover everything. I am not sure that an apprenticeship would be acceptable under the rules as your daughter would be earning a wage, albeit small. I have heard of dependents being refused because of being in apprenticeships. However if she had a casual job elsewhere to earn pocket money, I am sure that would not be taken into account, especially if it was a cash in hand role.

 

Please keep us updated on your journey.... so many informed people on this forum who can help you along the way.

 

Hi Thank you for your advice. I was thinking that may be the case but was kinda hoping not as she would really like to do the apprenticeship . It really gets more difficult as they get older doesn't it. Yes if I manage to find out any info I will post it on here. I am also waiting in anticipation to see what the new changes to visas will be in July this year when they bring them out? Hopefully will be some that will benefit us?