Remaining Relative Visa (Offshore) (Subclass 115)
Jan 25th 2009, 2:00 pm
#1
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Joined: Jan 2009
Posts: 26
Remaining Relative Visa (Offshore) (Subclass 115)
Please can someone help answer these questions
If I was awarded this visa, do I have to live my brother who will be sponsoring me?
the immi website states that the last remaining relative includes step-parents? I heard that there may be exceptions to this. My father recently died which leaves my fathers wife, who is my step mother. I don't have any contact with her, but will this still be considered as a remaining relative? or would I qualify for an exemption? Any advice please?
If I was awarded this visa, do I have to live my brother who will be sponsoring me?
the immi website states that the last remaining relative includes step-parents? I heard that there may be exceptions to this. My father recently died which leaves my fathers wife, who is my step mother. I don't have any contact with her, but will this still be considered as a remaining relative? or would I qualify for an exemption? Any advice please?
Jan 25th 2009, 9:47 pm
#2
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Joined: Nov 2003
Location: Cork, Ireland
Posts: 2,887
Re: Remaining Relative Visa (Offshore) (Subclass 115)
Please can someone help answer these questions
If I was awarded this visa, do I have to live my brother who will be sponsoring me?
the immi website states that the last remaining relative includes step-parents? I heard that there may be exceptions to this. My father recently died which leaves my fathers wife, who is my step mother. I don't have any contact with her, but will this still be considered as a remaining relative? or would I qualify for an exemption? Any advice please?
If I was awarded this visa, do I have to live my brother who will be sponsoring me?
the immi website states that the last remaining relative includes step-parents? I heard that there may be exceptions to this. My father recently died which leaves my fathers wife, who is my step mother. I don't have any contact with her, but will this still be considered as a remaining relative? or would I qualify for an exemption? Any advice please?
There is an argument that eventhough your father has died, she is still your step mother and this would disqualify you from being a remaining relative. There is no definition of step mother, step father nor step parent in the Migration Act/Regulations. However. There is a definition of Step-Child in the Migration regulations and where the relationship of the parents has ceased (e.g the natural parent dies) and the child is over 18, then that child is no longer a step-child of the Step parent - for Migration purposes only. you can then argiue that it is logical to accept that, for migration purposes only, you do not have a step-mother and therefore meet the remaining relative definition. It is best to engage an experienced Migration Agent to prepare and present your case to give it the best chance of success and less risk of having to go to Review.
Regards
Tony Coates
MARN 0635896
