Remaining Relative
Feb 6th 2004, 12:33 am
#1
Brisbane
Thread Starter
Joined: May 2003
Location: Brisbane
Posts: 87
Remaining Relative
Hi This may be too technical for this forum. But if anyone has any experience of this please try to answer.
My friend has come to OZ on a Skilled PR, when doing the application her 19 year old daughter wanted to stay in the UK with her boyfriend, so was never put on the application.
However, it all went pearshaped and now the daughter wants to come to OZ to stay with her family.
The complication arises as her daughter has a different dad to her half brother and sisters. So for the remaining relative category she'd have to put she has a parent in the UK. So therefore would not qualify.
However, they don't actually know where he is, they have not had contact with him since she was a toddler, it is probable that he is in the UK, but they cannot be sure. They can't put deceased as they don't know that either, can they put "unknown" for his country of residence and then give an explanation of why they don't know. would this be acceptable!!
It does seem that this is the only visa that she could have. It seems so unfair that a family would be split up because there is a possibility that a parent whom the girl doesn't even know might be in the UK.
I'm sorry that its such a technical question, but I have a very frantic family overhere and just want to help them.
Thanks Tracey
My friend has come to OZ on a Skilled PR, when doing the application her 19 year old daughter wanted to stay in the UK with her boyfriend, so was never put on the application.
However, it all went pearshaped and now the daughter wants to come to OZ to stay with her family.
The complication arises as her daughter has a different dad to her half brother and sisters. So for the remaining relative category she'd have to put she has a parent in the UK. So therefore would not qualify.
However, they don't actually know where he is, they have not had contact with him since she was a toddler, it is probable that he is in the UK, but they cannot be sure. They can't put deceased as they don't know that either, can they put "unknown" for his country of residence and then give an explanation of why they don't know. would this be acceptable!!
It does seem that this is the only visa that she could have. It seems so unfair that a family would be split up because there is a possibility that a parent whom the girl doesn't even know might be in the UK.
I'm sorry that its such a technical question, but I have a very frantic family overhere and just want to help them.
Thanks Tracey
Feb 6th 2004, 1:18 am
#2
Forum Regular
Joined: Jul 2002
Location: adelaide
Posts: 216
Re: Remaining Relative
With due thanks to Alan Collett and the guys at Go Matilda, I have copied this from their website. Hope it helps:
Remaining Relative
This visa allows an applicant with all other relatives settled in Australia to migrate to live with his or her family. The applicant must be the brother, sister, or child (or step-relative) of an Australian citizen, permanent resident, or eligible New Zealand citizen, who must also be more than 18 years old. Where the applicant has a spouse, all the spouse's remaining relatives must also be settled in Australia.
Note also that an application is allowed where the applicant (together with his or her spouse) has up to three "near relatives" living in a country other than Australia and the country where the applicant is usually resident, where the applicant and his or her spouse has not had contact with those relations for a "reasonable period" - taken as meaning 5 years.
regards, adelaidegirl
Remaining Relative
This visa allows an applicant with all other relatives settled in Australia to migrate to live with his or her family. The applicant must be the brother, sister, or child (or step-relative) of an Australian citizen, permanent resident, or eligible New Zealand citizen, who must also be more than 18 years old. Where the applicant has a spouse, all the spouse's remaining relatives must also be settled in Australia.
Note also that an application is allowed where the applicant (together with his or her spouse) has up to three "near relatives" living in a country other than Australia and the country where the applicant is usually resident, where the applicant and his or her spouse has not had contact with those relations for a "reasonable period" - taken as meaning 5 years.
regards, adelaidegirl
Feb 9th 2004, 10:54 am
#3
Guest
Posts: n/a
Re: Remaining Relative
Hi Trayla,
Getting an inconvenient member of the family to disappear for a remaining
relative visa application is often a challenge; if the daughter has gone
back to study it might be easier to just put in a child visa application.
And the details of how a remaining relative can be presumed dead aren't
readily available anywhere except in the PAMS and the IARC Immigration Kit,
which I would be happy to email you on request.
Cheers
George Lombard
--
www.austimmigration.com.au
"Trayla" <member11004@british_expats.com> wrote in message
news:[email protected]...
> Hi This may be too technical for this forum. But if anyone has any
> experience of this please try to answer.
> My friend has come to OZ on a
> Skilled PR, when doing the application her 19 year old daughter wanted
> to stay in the UK with her boyfriend, so was never put on the
> application.
> However, it all went pearshaped and now the daughter
> wants to come to OZ to stay with her family.
> The complication arises
> as her daughter has a different dad to her half brother and sisters. So
> for the remaining relative category she'd have to put she has a parent
> in the UK. So therefore would not qualify.
> However, they don't
> actually know where he is, they have not had contact with him since she
> was a toddler, it is probable that he is in the UK, but they cannot be
> sure. They can't put deceased as they don't know that either, can they
> put "unknown" for his country of residence and then give an explanation
> of why they don't know. would this be acceptable!!
> It does seem that
> this is the only visa that she could have. It seems so unfair that a
> family would be split up because there is a possibility that a parent
> whom the girl doesn't even know might be in the UK.
> I'm sorry that its
> such a technical question, but I have a very frantic family overhere and
> just want to help them.
> Thanks Tracey
> --
> Posted via http://britishexpats.com
Getting an inconvenient member of the family to disappear for a remaining
relative visa application is often a challenge; if the daughter has gone
back to study it might be easier to just put in a child visa application.
And the details of how a remaining relative can be presumed dead aren't
readily available anywhere except in the PAMS and the IARC Immigration Kit,
which I would be happy to email you on request.
Cheers
George Lombard
--
www.austimmigration.com.au
"Trayla" <member11004@british_expats.com> wrote in message
news:[email protected]...
> Hi This may be too technical for this forum. But if anyone has any
> experience of this please try to answer.
> My friend has come to OZ on a
> Skilled PR, when doing the application her 19 year old daughter wanted
> to stay in the UK with her boyfriend, so was never put on the
> application.
> However, it all went pearshaped and now the daughter
> wants to come to OZ to stay with her family.
> The complication arises
> as her daughter has a different dad to her half brother and sisters. So
> for the remaining relative category she'd have to put she has a parent
> in the UK. So therefore would not qualify.
> However, they don't
> actually know where he is, they have not had contact with him since she
> was a toddler, it is probable that he is in the UK, but they cannot be
> sure. They can't put deceased as they don't know that either, can they
> put "unknown" for his country of residence and then give an explanation
> of why they don't know. would this be acceptable!!
> It does seem that
> this is the only visa that she could have. It seems so unfair that a
> family would be split up because there is a possibility that a parent
> whom the girl doesn't even know might be in the UK.
> I'm sorry that its
> such a technical question, but I have a very frantic family overhere and
> just want to help them.
> Thanks Tracey
> --
> Posted via http://britishexpats.com
Feb 9th 2004, 11:35 pm
#4
Brisbane
Thread Starter
Joined: May 2003
Location: Brisbane
Posts: 87
Re: Remaining Relative
[QUOTE]Originally posted by George Lombard
Hi Trayla,
Getting an inconvenient member of the family to disappear for a remaining
relative visa application is often a challenge; if the daughter has gone
back to study it might be easier to just put in a child visa application.
And the details of how a remaining relative can be presumed dead aren't
readily available anywhere except in the PAMS and the IARC Immigration Kit,
which I would be happy to email you on request.
Cheers
George Lombard
--
www.austimmigration.com.au
Thanks for that reply, I looked at the child migration and back to study option, but thought it may be out for the question because of the time she had been out of the education system (over six months since she left school, and since she was 19 also). But having had a chat with them it seems she was going to carry on with further education before she decided to get a Working Holiday Visa, to vist her family.
I would however like to pass on the information that you have about how you can presume a relative is deceased. I would imagine that the applicant would have to do a lot of information gathering to prove that they had done all they could find the 'missing relative'.
The family have been told by another agent that their application would be unsuccessful, but want to put somthing together so at least they can appeal and maybe get lawyers involved if necessary.
I guess sometimes the advice you get depends on how compasionate the agent is about matters this delicate.
Thanks in advance for your help,
Tracey
Hi Trayla,
Getting an inconvenient member of the family to disappear for a remaining
relative visa application is often a challenge; if the daughter has gone
back to study it might be easier to just put in a child visa application.
And the details of how a remaining relative can be presumed dead aren't
readily available anywhere except in the PAMS and the IARC Immigration Kit,
which I would be happy to email you on request.
Cheers
George Lombard
--
www.austimmigration.com.au
Thanks for that reply, I looked at the child migration and back to study option, but thought it may be out for the question because of the time she had been out of the education system (over six months since she left school, and since she was 19 also). But having had a chat with them it seems she was going to carry on with further education before she decided to get a Working Holiday Visa, to vist her family.
I would however like to pass on the information that you have about how you can presume a relative is deceased. I would imagine that the applicant would have to do a lot of information gathering to prove that they had done all they could find the 'missing relative'.
The family have been told by another agent that their application would be unsuccessful, but want to put somthing together so at least they can appeal and maybe get lawyers involved if necessary.
I guess sometimes the advice you get depends on how compasionate the agent is about matters this delicate.
Thanks in advance for your help,
Tracey
Feb 10th 2004, 10:30 am
#5
Guest
Posts: n/a
Re: Remaining Relative
Some comments to add to what George has written:
- Remaining Relative is a *difficult* visa category. In the case given,
unless you could produce some evidence that the father was either dead
or had left the UK, the application would be destined for refusal.
People of unknown whereabouts are presumed to be still living in their
country of last residence in the absence of any further evidence to the
contrary.
- Child visa might be possible, but complications could arise from:
a. her former relationship with her boyfriend might disqualify her from
dependency now, depending on circumstances
b. she would need to be financially dependent on her parent and under
25 now
c. would need to look at the regs ands policy in detail, if she has
just resumed full time study now after a gap of a few years then DIMIA
might be inclined to take a dim view of the sponsorship.
Definitely sounds like professional advice would be needed for a
specific opinion.
Other options might be:
- student visa, with an aim to qualify for onshore student general
skilled after 2 years. May be easier if family lives in a designated area.
- working holiday visa, although that does not offer any immediate
further steps towards PR.
Cases like this illustrate how important it is for older children not to
exclude themselves from their family's migration plans. Almost always
it's better to get the visa and validate it, or better still go out to
Australia and get citizenship, which avoids this kind of family
separation arising.
Jeremy
George Lombard wrote:
> Hi Trayla,
>
> Getting an inconvenient member of the family to disappear for a remaining
> relative visa application is often a challenge; if the daughter has gone
> back to study it might be easier to just put in a child visa application.
> And the details of how a remaining relative can be presumed dead aren't
> readily available anywhere except in the PAMS and the IARC Immigration Kit,
> which I would be happy to email you on request.
>
> Cheers
>
> George Lombard
> --
> www.austimmigration.com.au
>
>
> "Trayla" <member11004@british_expats.com> wrote in message
> news:[email protected]...
>
>>Hi This may be too technical for this forum. But if anyone has any
>>experience of this please try to answer.
>>My friend has come to OZ on a
>>Skilled PR, when doing the application her 19 year old daughter wanted
>>to stay in the UK with her boyfriend, so was never put on the
>>application.
>>However, it all went pearshaped and now the daughter
>>wants to come to OZ to stay with her family.
>>The complication arises
>>as her daughter has a different dad to her half brother and sisters. So
>>for the remaining relative category she'd have to put she has a parent
>>in the UK. So therefore would not qualify.
>>However, they don't
>>actually know where he is, they have not had contact with him since she
>>was a toddler, it is probable that he is in the UK, but they cannot be
>>sure. They can't put deceased as they don't know that either, can they
>>put "unknown" for his country of residence and then give an explanation
>>of why they don't know. would this be acceptable!!
>>It does seem that
>>this is the only visa that she could have. It seems so unfair that a
>>family would be split up because there is a possibility that a parent
>>whom the girl doesn't even know might be in the UK.
>>I'm sorry that its
>>such a technical question, but I have a very frantic family overhere and
>>just want to help them.
>>Thanks Tracey
>>--
>>Posted via http://britishexpats.com
>
>
>
--
This is not intended to be legal advice in any jurisdiction
- Remaining Relative is a *difficult* visa category. In the case given,
unless you could produce some evidence that the father was either dead
or had left the UK, the application would be destined for refusal.
People of unknown whereabouts are presumed to be still living in their
country of last residence in the absence of any further evidence to the
contrary.
- Child visa might be possible, but complications could arise from:
a. her former relationship with her boyfriend might disqualify her from
dependency now, depending on circumstances
b. she would need to be financially dependent on her parent and under
25 now
c. would need to look at the regs ands policy in detail, if she has
just resumed full time study now after a gap of a few years then DIMIA
might be inclined to take a dim view of the sponsorship.
Definitely sounds like professional advice would be needed for a
specific opinion.
Other options might be:
- student visa, with an aim to qualify for onshore student general
skilled after 2 years. May be easier if family lives in a designated area.
- working holiday visa, although that does not offer any immediate
further steps towards PR.
Cases like this illustrate how important it is for older children not to
exclude themselves from their family's migration plans. Almost always
it's better to get the visa and validate it, or better still go out to
Australia and get citizenship, which avoids this kind of family
separation arising.
Jeremy
George Lombard wrote:
> Hi Trayla,
>
> Getting an inconvenient member of the family to disappear for a remaining
> relative visa application is often a challenge; if the daughter has gone
> back to study it might be easier to just put in a child visa application.
> And the details of how a remaining relative can be presumed dead aren't
> readily available anywhere except in the PAMS and the IARC Immigration Kit,
> which I would be happy to email you on request.
>
> Cheers
>
> George Lombard
> --
> www.austimmigration.com.au
>
>
> "Trayla" <member11004@british_expats.com> wrote in message
> news:[email protected]...
>
>>Hi This may be too technical for this forum. But if anyone has any
>>experience of this please try to answer.
>>My friend has come to OZ on a
>>Skilled PR, when doing the application her 19 year old daughter wanted
>>to stay in the UK with her boyfriend, so was never put on the
>>application.
>>However, it all went pearshaped and now the daughter
>>wants to come to OZ to stay with her family.
>>The complication arises
>>as her daughter has a different dad to her half brother and sisters. So
>>for the remaining relative category she'd have to put she has a parent
>>in the UK. So therefore would not qualify.
>>However, they don't
>>actually know where he is, they have not had contact with him since she
>>was a toddler, it is probable that he is in the UK, but they cannot be
>>sure. They can't put deceased as they don't know that either, can they
>>put "unknown" for his country of residence and then give an explanation
>>of why they don't know. would this be acceptable!!
>>It does seem that
>>this is the only visa that she could have. It seems so unfair that a
>>family would be split up because there is a possibility that a parent
>>whom the girl doesn't even know might be in the UK.
>>I'm sorry that its
>>such a technical question, but I have a very frantic family overhere and
>>just want to help them.
>>Thanks Tracey
>>--
>>Posted via http://britishexpats.com
>
>
>
--
This is not intended to be legal advice in any jurisdiction
Feb 10th 2004, 12:28 pm
#6
Forum Regular
Joined: Jan 2003
Location: manchester
Posts: 34
Re: Remaining Relative
j [/i] i wish we would of included my daughter in our visa application but let this be a warning to anybody else can i just say my daughter never lived with her boyfriend and is dependent on me and her stepfather thanks for your reply audrey
Some comments to add to what George has written:
- Remaining Relative is a *difficult* visa category. In the case given,
unless you could produce some evidence that the father was either dead
or had left the UK, the application would be destined for refusal.
People of unknown whereabouts are presumed to be still living in their
country of last residence in the absence of any further evidence to the
contrary.
- Child visa might be possible, but complications could arise from:
a. her former relationship with her boyfriend might disqualify her from
dependency now, depending on circumstances
b. she would need to be financially dependent on her parent and under
25 now
c. would need to look at the regs ands policy in detail, if she has
just resumed full time study now after a gap of a few years then DIMIA
might be inclined to take a dim view of the sponsorship.
Definitely sounds like professional advice would be needed for a
specific opinion.
Other options might be:
- student visa, with an aim to qualify for onshore student general
skilled after 2 years. May be easier if family lives in a designated area.
- working holiday visa, although that does not offer any immediate
further steps towards PR.
Cases like this illustrate how important it is for older children not to
exclude themselves from their family's migration plans. Almost always
it's better to get the visa and validate it, or better still go out to
Australia and get citizenship, which avoids this kind of family
separation arising.
Jeremy
George Lombard wrote:
> Hi Trayla,
>
> Getting an inconvenient member of the family to disappear for a remaining
> relative visa application is often a challenge; if the daughter has gone
> back to study it might be easier to just put in a child visa application.
> And the details of how a remaining relative can be presumed dead aren't
> readily available anywhere except in the PAMS and the IARC Immigration Kit,
> which I would be happy to email you on request.
>
> Cheers
>
> George Lombard
> --
> www.austimmigration.com.au
>
>
> "Trayla" <member11004@british_expats.com> wrote in message
> news:[email protected]...
>
>>Hi This may be too technical for this forum. But if anyone has any
>>experience of this please try to answer.
>>My friend has come to OZ on a
>>Skilled PR, when doing the application her 19 year old daughter wanted
>>to stay in the UK with her boyfriend, so was never put on the
>>application.
>>However, it all went pearshaped and now the daughter
>>wants to come to OZ to stay with her family.
>>The complication arises
>>as her daughter has a different dad to her half brother and sisters. So
>>for the remaining relative category she'd have to put she has a parent
>>in the UK. So therefore would not qualify.
>>However, they don't
>>actually know where he is, they have not had contact with him since she
>>was a toddler, it is probable that he is in the UK, but they cannot be
>>sure. They can't put deceased as they don't know that either, can they
>>put "unknown" for his country of residence and then give an explanation
>>of why they don't know. would this be acceptable!!
>>It does seem that
>>this is the only visa that she could have. It seems so unfair that a
>>family would be split up because there is a possibility that a parent
>>whom the girl doesn't even know might be in the UK.
>>I'm sorry that its
>>such a technical question, but I have a very frantic family overhere and
>>just want to help them.
>>Thanks Tracey
>>--
>>Posted via http://britishexpats.com
>
>
>
--
This is not intended to be legal advice in any jurisdiction [/QUOTE]
Some comments to add to what George has written:
- Remaining Relative is a *difficult* visa category. In the case given,
unless you could produce some evidence that the father was either dead
or had left the UK, the application would be destined for refusal.
People of unknown whereabouts are presumed to be still living in their
country of last residence in the absence of any further evidence to the
contrary.
- Child visa might be possible, but complications could arise from:
a. her former relationship with her boyfriend might disqualify her from
dependency now, depending on circumstances
b. she would need to be financially dependent on her parent and under
25 now
c. would need to look at the regs ands policy in detail, if she has
just resumed full time study now after a gap of a few years then DIMIA
might be inclined to take a dim view of the sponsorship.
Definitely sounds like professional advice would be needed for a
specific opinion.
Other options might be:
- student visa, with an aim to qualify for onshore student general
skilled after 2 years. May be easier if family lives in a designated area.
- working holiday visa, although that does not offer any immediate
further steps towards PR.
Cases like this illustrate how important it is for older children not to
exclude themselves from their family's migration plans. Almost always
it's better to get the visa and validate it, or better still go out to
Australia and get citizenship, which avoids this kind of family
separation arising.
Jeremy
George Lombard wrote:
> Hi Trayla,
>
> Getting an inconvenient member of the family to disappear for a remaining
> relative visa application is often a challenge; if the daughter has gone
> back to study it might be easier to just put in a child visa application.
> And the details of how a remaining relative can be presumed dead aren't
> readily available anywhere except in the PAMS and the IARC Immigration Kit,
> which I would be happy to email you on request.
>
> Cheers
>
> George Lombard
> --
> www.austimmigration.com.au
>
>
> "Trayla" <member11004@british_expats.com> wrote in message
> news:[email protected]...
>
>>Hi This may be too technical for this forum. But if anyone has any
>>experience of this please try to answer.
>>My friend has come to OZ on a
>>Skilled PR, when doing the application her 19 year old daughter wanted
>>to stay in the UK with her boyfriend, so was never put on the
>>application.
>>However, it all went pearshaped and now the daughter
>>wants to come to OZ to stay with her family.
>>The complication arises
>>as her daughter has a different dad to her half brother and sisters. So
>>for the remaining relative category she'd have to put she has a parent
>>in the UK. So therefore would not qualify.
>>However, they don't
>>actually know where he is, they have not had contact with him since she
>>was a toddler, it is probable that he is in the UK, but they cannot be
>>sure. They can't put deceased as they don't know that either, can they
>>put "unknown" for his country of residence and then give an explanation
>>of why they don't know. would this be acceptable!!
>>It does seem that
>>this is the only visa that she could have. It seems so unfair that a
>>family would be split up because there is a possibility that a parent
>>whom the girl doesn't even know might be in the UK.
>>I'm sorry that its
>>such a technical question, but I have a very frantic family overhere and
>>just want to help them.
>>Thanks Tracey
>>--
>>Posted via http://britishexpats.com
>
>
>
--
This is not intended to be legal advice in any jurisdiction [/QUOTE]
