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last remaining relative

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Old Jun 4th 2004, 8:46 am
  #1  
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Default last remaining relative

Hi All
Can anyone answer this question. We are currently waiting for our PR visas (hoping) to come through, but my son who is 18 had to be removed from our application as he is not dependant, we have been told that he can apply for last remaining relative.
My question is
A) can he get a long stay (6 month) visitors visa, so that he can leave UK with the rest of the family and then apply for a year working visa? will he have to return to the UK to apply for this?
B) Could he apply for last remaining relative whilst still in Australia on his working visa? How long is the process for this type of visa?

Sorry lots of questions, just trying to work out how we can do this so he isn't left in the UK for too long.
Any advice welcome
Thanks
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Old Jun 4th 2004, 9:58 am
  #2  
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Default Re: last remaining relative

Was your son in full time education or otherwise still dependent on you? I'm just wondering what exactly led you to remove him from your application.

Remaining relative is a tricky visa. Firstly you have to be in Australia for two years normally before you can sponsor for this visa. There is also an assurance of support to consider.

Start by looking at the information on remaining relative on the DIMIA website.

If your son gets married or enters a de-facto relationship, that will likely disqualify him from remaining relative (as his partner's relatives would also be counted).

Processing times for remaining relative are not quick (1-2 years in most cases offshore) and possibly longer onshore.

Other options you might have include:

- the working holiday visa; and
- a student visa. If he studies in Australia for 2 years he may be eligible for PR after that on skilled sponsored grounds, depending on what he studies and where you live in Australia.

I would strongly suggest getting some good professional advice, as the risk of getting completely confused with all these options is high. Also bear in mind the risk that rules on visas can and do change.

Jeremy


Originally posted by little miss c
Hi All
Can anyone answer this question. We are currently waiting for our PR visas (hoping) to come through, but my son who is 18 had to be removed from our application as he is not dependant, we have been told that he can apply for last remaining relative.
My question is
A) can he get a long stay (6 month) visitors visa, so that he can leave UK with the rest of the family and then apply for a year working visa? will he have to return to the UK to apply for this?
B) Could he apply for last remaining relative whilst still in Australia on his working visa? How long is the process for this type of visa?

Sorry lots of questions, just trying to work out how we can do this so he isn't left in the UK for too long.
Any advice welcome
Thanks
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Old Jun 4th 2004, 10:08 am
  #3  
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Default Re: last remaining relative

Originally posted by JAJ
Was your son in full time education or otherwise still dependent on you? I'm just wondering what exactly led you to remove him from your application.

Remaining relative is a tricky visa. Firstly you have to be in Australia for two years normally before you can sponsor for this visa. There is also an assurance of support to consider.

Start by looking at the information on remaining relative on the DIMIA website.

If your son gets married or enters a de-facto relationship, that will likely disqualify him from remaining relative (as his partner's relatives would also be counted).

Processing times for remaining relative are not quick (1-2 years in most cases offshore) and possibly longer onshore.

Other options you might have include:

- the working holiday visa; and
- a student visa. If he studies in Australia for 2 years he may be eligible for PR after that on skilled sponsored grounds, depending on what he studies and where you live in Australia.

I would strongly suggest getting some good professional advice, as the risk of getting completely confused with all these options is high. Also bear in mind the risk that rules on visas can and do change.

Jeremy
Jeremy
No he was not in full time education, there was a misunderstanding with our agent and we understood that as he was only just 17 at the time of applying he was ok, then he started work. We had to take him off of the application when ASPC asked for proof of dependancy, had we had known at the time we would have sent him to college to learn a trade, but he decided to start on the job with a general builder first to see what trade he then wanted to do at college later or even when we got to Australia.
Do we have to wait for 2 years once in Australia before we can start the application?
If he decided to go for the student visa, would a trade ie carpenter/bricklayer enable him to apply for skilled sponsored?, we are planning on living in Melbourne.
thanks for your answer.
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Old Jun 4th 2004, 11:12 am
  #4  
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Default Re: last remaining relative

Originally posted by little miss c
Hi All
Can anyone answer this question. We are currently waiting for our PR visas (hoping) to come through, but my son who is 18 had to be removed from our application as he is not dependant, we have been told that he can apply for last remaining relative.
My question is
A) can he get a long stay (6 month) visitors visa, so that he can leave UK with the rest of the family and then apply for a year working visa? will he have to return to the UK to apply for this?
B) Could he apply for last remaining relative whilst still in Australia on his working visa? How long is the process for this type of visa?

Sorry lots of questions, just trying to work out how we can do this so he isn't left in the UK for too long.
Any advice welcome
Thanks
hi, i thought i sent u an old thread about this the last time u asked.
we brought our 18year old son on a working holiday visa for a year. we will try to extend it for another year. we will be going for our pr as soon as we can now. once thats sorted then we can get him sorted.
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Old Jun 4th 2004, 2:06 pm
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Default Re: last remaining relative

Originally posted by soapy
hi, i thought i sent u an old thread about this the last time u asked.
we brought our 18year old son on a working holiday visa for a year. we will try to extend it for another year. we will be going for our pr as soon as we can now. once thats sorted then we can get him sorted.
or maybe i didnt
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Old Jun 4th 2004, 2:19 pm
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Default Re: last remaining relative

Originally posted by soapy
or maybe i didnt
don't think you did
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Old Jun 4th 2004, 2:21 pm
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Default Re: last remaining relative

Originally posted by little miss c
don't think you did
hold on, ill see if i can find it. what about the option we took with our son. the visa only takes a week online
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Old Jun 4th 2004, 2:27 pm
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Default Re: last remaining relative

Originally posted by soapy
hold on, ill see if i can find it. what about the option we took with our son. the visa only takes a week online
try this, we got loads of info from this
http://britishexpats.com/forum/searc...der=descending
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Old Jun 4th 2004, 2:45 pm
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Default Re: last remaining relative

Originally posted by soapy
hold on, ill see if i can find it. what about the option we took with our son. the visa only takes a week online
we are thinking of him getting a 1 year working holiday visa, but I wondered if we could then apply in Australia for last remaining relative, is that what you did? Did your son have to come back to the UK and if so for how long?
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Old Jun 4th 2004, 5:55 pm
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Default Re: last remaining relative

Dependency is assessed as of date of decision, not date of application.

This is not the first time people have been caught out by this and have an older child denied a visa.

I would strongly suggest you get some good professional advice. There may well be options in terms of working holiday visa, student visas (with possibly a skilled sponsored PR application after 2 years) or a remaining relative application as a fall-back.

However, these are too complex for an online forum to work out, especially when one considers the assurance of support requirement. Normally for remaining relative you do need to be resident in Australia for 2 years before sponsoring, and the assurance of support also insists on 2 years ATO tax assessments.

For remaining relative, it's usually very important that the applicant be single (and not in a de-facto relationship) as otherwise the partner's relatives are also taken into account.

Jeremy

Originally posted by little miss c
Jeremy
No he was not in full time education, there was a misunderstanding with our agent and we understood that as he was only just 17 at the time of applying he was ok, then he started work. We had to take him off of the application when ASPC asked for proof of dependancy, had we had known at the time we would have sent him to college to learn a trade, but he decided to start on the job with a general builder first to see what trade he then wanted to do at college later or even when we got to Australia.
Do we have to wait for 2 years once in Australia before we can start the application?
If he decided to go for the student visa, would a trade ie carpenter/bricklayer enable him to apply for skilled sponsored?, we are planning on living in Melbourne.
thanks for your answer.
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Old Jun 4th 2004, 5:59 pm
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Off Topic.
JAJ sent you a pm.
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Old Jun 4th 2004, 9:13 pm
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Default Re: last remaining relative

Originally posted by little miss c
we are thinking of him getting a 1 year working holiday visa, but I wondered if we could then apply in Australia for last remaining relative, is that what you did? Did your son have to come back to the UK and if so for how long?
we are only here just over a month. the idea is to send him to nz for a week then he can apply for another year.
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Old Jun 5th 2004, 6:04 am
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Default Re: last remaining relative

If you're thinking about getting a second working holiday visa, that's not possible.

Once a person has entered Australia on a WHV once, they cannot be granted another WHV.

Jeremy

Originally posted by soapy
we are only here just over a month. the idea is to send him to nz for a week then he can apply for another year.
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Old Jun 5th 2004, 6:30 am
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Default Re: last remaining relative

Originally posted by JAJ
If you're thinking about getting a second working holiday visa, that's not possible.

Once a person has entered Australia on a WHV once, they cannot be granted another WHV.

Jeremy
thanx for the advice Jeremy. my sister in law done this a few years ago and was granted, as long as she had enough money in her account?
im just going to visit her tonight in queenslan and will find out more.
if what u say is true, well were a stuffed !
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Old Jun 5th 2004, 2:20 pm
  #15  
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Default Re: last remaining relative

Originally posted by soapy
thanx for the advice Jeremy. my sister in law done this a few years ago and was granted, as long as she had enough money in her account?
im just going to visit her tonight in queenslan and will find out more.
if what u say is true, well were a stuffed !
A WHV grant is literally a once-in-a-lifetime event.

Peter
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