Is he a dependant?

Old Jan 11th 2008, 6:58 am
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Default Is he a dependant?

Here is the story. All the family got PR. Son decided to stay in the Uk and continue his studies in the Uk and live with my mum. We arrived in January of 2006. He visited us in April 2006 and again in March of 2007. So does that mean he has validated his visa and used his RRV? He finishes his course in May/June 08. He wants to come sometime after that to live in NZ. He obviously has no job and is therefore dependant on us when he arrives. He is 19. He will have done 3 years at college training to be an Engineer. So my question is... what is the best way of getting him out and does he qualify as a dependant??? Thx

Last edited by Andrew Cross; Jan 11th 2008 at 7:31 am.
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Old Jan 11th 2008, 8:46 am
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Default Re: Is he a dependant?

What does it say on his passport
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Old Jan 11th 2008, 8:51 am
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Default Re: Is he a dependant?

Originally Posted by ned View Post
What does it say on his passport
About what?
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Old Jan 11th 2008, 8:53 am
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Default Re: Is he a dependant?

Did he arrive in NZ before the cut off date for validation? Should give this date on paperwork/blue sticker. Was he a dependent on original application? If yes to both, logic would say he should be ok to just come back over but isn't there something on the PR paperwork that says whilst on the initial 2 year probabtion you must spend 6 months each year of the 2 years in NZ? I can't remember the exact wording or (worryingly) find my own paperwork with it on. I know there was certain criteria you had to meet. Probably best to ring Immigration direct, explain the situation and find out where to go from there.

Sorry I can't be of any real help but good luck with it. Hope it all works out ok.
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Old Jan 11th 2008, 8:58 am
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Default Re: Is he a dependant?

Originally Posted by TeamEmbo View Post
Did he arrive in NZ before the cut off date for validation? Should give this date on paperwork/blue sticker. Was he a dependent on original application? If yes to both, logic would say he should be ok to just come back over but isn't there something on the PR paperwork that says whilst on the initial 2 year probabtion you must spend 6 months each year of the 2 years in NZ? I can't remember the exact wording or (worryingly) find my own paperwork with it on. I know there was certain criteria you had to meet. Probably best to ring Immigration direct, explain the situation and find out where to go from there.

Sorry I can't be of any real help but good luck with it. Hope it all works out ok.
Yes he has been over twice, so has validated and been back again since. That really was my question, as he has been out of the country for more than 180 days since coming back on his RRV, does that mean its cancelled and if so can he come back as a dependant or not??
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Old Jan 11th 2008, 9:51 am
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Default Re: Is he a dependant?

Originally Posted by Andrew Cross View Post
Yes he has been over twice, so has validated and been back again since. That really was my question, as he has been out of the country for more than 180 days since coming back on his RRV, does that mean its cancelled and if so can he come back as a dependant or not??
There will be an expiry date on the sticker in his passport. It should read something like "must not arrive after XXXXXX ". If he is outside of NZ after that date you will have to look at the best way to get another permit for him. (if at all possible) If he is in NZ on that date, be very careful he doesnt leave NZ even for a weekend to aus without ensuring he has a new valid permit entered into his passport before he leaves.
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Old Jan 11th 2008, 6:09 pm
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Default Re: Is he a dependant?

Originally Posted by newkiwi View Post
There will be an expiry date on the sticker in his passport. It should read something like "must not arrive after XXXXXX ". If he is outside of NZ after that date you will have to look at the best way to get another permit for him. (if at all possible) If he is in NZ on that date, be very careful he doesnt leave NZ even for a weekend to aus without ensuring he has a new valid permit entered into his passport before he leaves.
I know what you mean. We all got our Residence Permit and RRP but he didnt as he wasn't here. Ours says Indefinite and the RRP says 07Feb09. He just has a Residency Visa and RRV. Maybe I was just hopeful. But still is he a Dependant at 19 with no job or not?? If I can get him in on that it would be easier..
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Old Jan 11th 2008, 7:39 pm
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Default Re: Is he a dependant?

This is the current policy...

R2.1.30 Definition of 'dependent child'

Immigration Regulations 1999 reg 20

For the purpose of inclusion in an application and for Dependent Child policy, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:

1.
1. aged 17 to 24, with no child(ren) of his or her own, and
2. single*, and
3. totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not; or
2.
1. aged 16 or younger, and
2. single*, and
3. totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not.
3. When determining whether a child of 17 to 24 years of age is totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, visa and immigration officers must consider the whole application, taking into account all relevant factors including:
* whether the child is in paid employment, whether this is full time or part time, and its duration;
* whether the child has any other independent means of financial support;
* whether the child is living with its parents or another family member, and the extent to which other support is provided;
* whether the child is studying, and whether this is full time or part time.

R2.1.35 Evidence of dependence

1. Up to 17 years of age, if a child is unmarried, it is presumed to be dependent unless there is evidence to the contrary.
2. For children aged 17 to 24 years of age, evidence of actual dependence may be required.
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Old Jan 12th 2008, 2:16 am
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Default Re: Is he a dependant?

Originally Posted by happynz View Post
This is the current policy...

R2.1.30 Definition of 'dependent child'

Immigration Regulations 1999 reg 20

For the purpose of inclusion in an application and for Dependent Child policy, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:

1.
1. aged 17 to 24, with no child(ren) of his or her own, and
2. single*, and
3. totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not; or
2.
1. aged 16 or younger, and
2. single*, and
3. totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not.
3. When determining whether a child of 17 to 24 years of age is totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, visa and immigration officers must consider the whole application, taking into account all relevant factors including:
* whether the child is in paid employment, whether this is full time or part time, and its duration;
* whether the child has any other independent means of financial support;
* whether the child is living with its parents or another family member, and the extent to which other support is provided;
* whether the child is studying, and whether this is full time or part time.

R2.1.35 Evidence of dependence

1. Up to 17 years of age, if a child is unmarried, it is presumed to be dependent unless there is evidence to the contrary.
2. For children aged 17 to 24 years of age, evidence of actual dependence may be required.
Well thats great, he is a dependant, no job, no money and dependant on my parents (uk) and us for all financial means. Many thanks...
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Old Jan 18th 2008, 8:28 pm
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Default Re: Is he a dependant?

Just an update, son went to NZ House and showed his passport. Said all is good. Must re-do the police check and pay a £50 admin fee and he is all set to go... 2 1/2 years later he comes back to live with us....yippeee
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Old Jan 18th 2008, 8:53 pm
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Default Re: Is he a dependant?

Originally Posted by Andrew Cross View Post
Just an update, son went to NZ House and showed his passport. Said all is good. Must re-do the police check and pay a £50 admin fee and he is all set to go... 2 1/2 years later he comes back to live with us....yippeee
Fab news - does he know what he's letting himself in for LOL
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Old Jan 19th 2008, 2:32 am
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Default Re: Is he a dependant?

Originally Posted by Ozzidoc View Post
Fab news - does he know what he's letting himself in for LOL
Well for him its the life of Reilly...lol. Ironing, cooking etc done and no bills to pay, sounds good to me!!!! Being my first born we were always very close and still are. Im happy to have him 'home'..
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Old Jan 24th 2008, 9:49 am
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Default Re: Is he a dependant?

Originally Posted by Andrew Cross View Post
Well for him its the life of Reilly...lol. Ironing, cooking etc done and no bills to pay, sounds good to me!!!! Being my first born we were always very close and still are. Im happy to have him 'home'..
I've just read this with interest.
Our son is at uni in UK and was included in our visa too as he is dependant on us. We arrived here in Oct 07. he is coming to NZ in 2 weeks time to validate the visa. Does he have to do anything to activate the RR permit? Or does he just swan back in when his course finishes in 09.? we won't have completed our 2 yrs in the country to have our indefinate RTR.
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