Kershaw4

I have just read the site posted here explaining all the ins and outs of emigrating and read that having children over 16 can pose a problem and it suggests that you employ the services of a migration officer if you are in this situation. I am but did not have this information and thought I was a straightforward case when I applied as a skilled independent however I have two daughters 16 and just turned 18 last week. They are both in full time education and we receive family allowance for them. We used these documents as proof that they were still dependent. Does anybody know what the pitfalls are and why it is so difficult with older children so I can assess whether we have clarified all the possible downfalls. We applied March 2001 so should be hearing in the next few months but the wait will be even more tortorous now. Please help!

yvsie

Hi Kershaw,
Don't panic...if your girls were under 18yrs when you applied ...it doesnt make any difference....so youll be fine.
i think Im right in saying that as long as you can provide info to prove that an 18yr old is totally dependent on you and hasnt got a full time job then thats ok too.
My son is 18 in september...we're hoping to send application for skilled independent visa off soon...waiting for skills assessments to return......

How are your girls taking the move??...my son isnt a happy bunny!!!!!

email me privately if you want to chat

Kershaw4

Thanks Yvonne for your reply however I thought I had read somewhere (actually I did) that it was the age of the children at time of processing not applying. Can anybody clarify this. Yvonne I would love to write to you to share stories about what it is like emigrating with older children, I thought we were the only mad people. I haven't got your e mail address so please e mail me and I will reply.

stone7

You are right, it is the age at the time of the visa grant which is important, but as long as they are in full time education and are dependant on you, over 18's are classed as dependants. You two are not the only mad ones we have an 18 year old too.

Vicki

yvsie

Vicki....How come then...if your 44 when you apply for a visa you would be granted it regardless of how long the application process takes....surely then the same applies to children??...maybe not...dunno...but kershaw...dont let your daughter get a job...whatever

my email [email protected]

Kershaw4

Thank you for your replies. Do you really think she can't get a job. It seems so unfair that she is already having to postpone University until she arrives in Oz. She had planned to get a little job to tie her over until we go to Oz and to save some money to help her travel whilst at Uni. Does anybody know who I could contact to clarify this as she has just been offered summer jobs which she has done since she was 16.

heading downunder 2002

Hi Yvonne,

From what I gather as the applicant, your age at the time of your application is the age at which you are assessed. But children need to be dependant on you. I suppose once you are school leaving age you could leave and get a fulltime job which would mean you are not dependant on your parents anymore and this is why they are assessed at the age they are at the time of processing rather than at application submission.

Does that make sense!!!!!

Susan

heading downunder 2002

Helen,

Be very careful, I know I saw a thread about this a while ago and the person asking was advised not to let their son/daughter get a job of any kind.

Perhaps the experts can advise further on this

Susan

Jaj

Because the rules are different, that's why.

Children under 18 are presumed to be dependent unless the contrary is proved. They
should not get engaged or married (or de facto married).

Over 18, the onus falls on the applicant to prove dependency. Being in full time
education and not in the workforce is the best way to prove this. The point about not
getting engaged/married also applies.

Regards

Jeremy

    >On 5 Jun 2002 18:20:17 GMT, yvsie <[email protected]> wrote: Vicki....How
    >come then...if your 44 when you apply for a visa you would be granted it regardless
    >of how long the application process takes....surely then the same applies to
    >children??...maybe not...dunno...but kershaw...dont let your daughter get a
    >job...whatever
    >
    >my email [email protected]
    >
    >
    >
    >--
    >Yvonne
    >
    >Helen kershaw
    >
    >Yvonne
    >
    >Posted via http://britishexpats.com

George Lombard

Hi Guys,

Dependency depends on whether the child is under 18 or over 18 and actually
dependent. If the child marries, gets a full time job or becomes a parent, you may
have complications. Full-time students should be ok, provided none of the
foregoing appy...

Cheers

George Lombard

www.austimmigration.com.au

yvsie wrote in message <[email protected]>...
    >Hi Kershaw, Don't panic...if your girls were under 18yrs when you applied ...it
    >doesnt make any difference....so youll be fine. i think Im right in saying that as
    >long as you can provide info to prove that an 18yr old is totally dependent on you
    >and hasnt got a full time job then thats ok too. My son is 18 in september...we're
    >hoping to send application for skilled independent visa off soon...waiting for
    >skills assessments to return......
    >
    >How are your girls taking the move??...my son isnt a happy bunny!!!!!
    >
    >email me privately if you want to chat
    >
    >
    >
    >--
    >Yvonne
    >
    >Posted via http://britishexpats.com

George Lombard

Dear Kershaw,

Dependency is clearly defined as being financially dependent on you. People who work
are not financially dependent, although students may have summer jobs... Get her to
start uni now, if the wait is likely to be long, or consider whacking her over to
Australia as an advance party on a student visa if you can afford it.

Cheers

George Lombard

www.austimmigration.com.au Kershaw4 wrote in message
<[email protected]>...
    >Thank you for your replies. Do you really think she can't get a job. It seems so
    >unfair that she is already having to postpone University until she arrives in Oz.
    >She had planned to get a little job to tie her over until we go to Oz and to save
    >some money to help her travel whilst at Uni. Does anybody know who I could contact
    >to clarify this as she has just been offered summer jobs which she has done since
    >she was 16.
    >
    >
    >
    >--
    >Helen kershaw
    >
    >Posted via http://britishexpats.com

Kris C.

I have an over 18 and she does work but only about 20 hrs. a week so she can help out
with watching sibs. She also has been putting off university in the hopes she can
start in Australia. She certainly couldn't support herself on her earnings so
wouldn't she still be considered dependent? I'm getting nervous now..not a chance we
would even consider going without her. "Kershaw4" <[email protected]> wrote
in message news:[email protected]...
    > I have just read the site posted here explaining all the ins and outs of emigrating
    > and read that having children over 16 can pose a problem and it suggests that you
    > employ the services of a migration officer if you are in this situation. I am but
    > did not have this information and thought I was a straightforward case when I
    > applied as a skilled independent however I have two daughters 16 and just turned 18
    > last week. They are both in full time education and we receive family allowance for
    > them. We used these documents as proof that they were still dependent. Does anybody
    > know what the pitfalls are and why it is so difficult with older children so I can
    > assess whether we have clarified all the possible downfalls. We applied March 2001
    > so should be hearing in the next few months but the wait will be even more
    > tortorous now. Please help!
    >
    >
    >
    > --
    > Posted via http://britishexpats.com

ptlabs

Australia classifies work as any paid employment totalling 20 hours per week or more. By that definition, your daughter will be deemed to be "employed".

If a child is over 18, the child is assumed to be not dependent on the parents, and the onus is on the parents/child to prove otherwise. Being a fulltime student, or a child having total/partial loss of bodily or mental functions are cases where the child will be considered a dependent.

In your case, it would be hard to call, as she is in paid employment for 20 hours a week. If you can show that your daughter is more reliant on you for financial support than any other means, and have evidence to prove it, the you may be ok.

Cheers,
Peter