speedracer

Hi,

I am here in Australia on a 820 spouse visa which will be permanent next year.

My two children aged 26 and 20 were living with their father back home and he passed away a few weeks ago from cancer.

My son is being evicted from the apartment he lived with his father because of the lease and a scrooge property manager.

My daughter has a 10 year old boy.

Neither one of them are employed. My daughter has no qualification. My son finished up an electrical certificate a couple of months ago. They both want to study here.

Can I add them on with a 445 visa to my spouse visa?

Cheers

Pollyana

How are you going to prove that they are dependent on you in order to get 445s? If they were dependents they should've been included in your Spouse Visa application.

http://www.immi.gov.au/migrants/family/child/445/

Children under the age of 18 are generally considered dependent. If the child has turned 18 years of age, they must be financially dependent on their visa holding parent, except where the child has a disability that stops them from working.

speedracer

because they were living with their father and he died. They are in dire circumstances with being evicted and no income.

Pollyana

So were they totally financially dependent on him? Not that I'm trying to pry, but that's what DIAC will be looking at - generally if they are not in full-time education it is very hard to prove dependency for a child over 18 (certainly from a Western nation) and as your daughter has a child as well things are further complicated. If they are eligible for State benefits then those generally cancel out dependency.

It might be a good idea to consult a registered migration agent as I think its going to be a difficult one to prove.

Bermudashorts

A child visa may be obtianed up to the age of 25 if they are in full time education and dependent. As your daughter is 26 she would be ruled out on age grounds straight away.

Now if you could get a child visa for your son, then perhaps the daughter could get a last remaining relative visa (once you have PR), I am assuming she is single when I say that.

However like Polly I think it would be very difficult to get a child visa for your son considering his age and considering he is not in full time education adn considering the welfare state in the UK.

Did you put him down as a non migrating dependent when you did your application by chance, perhaps he was only 18 then? The reason DIAC want to know about non migrating dependents is in case of the exact circumstances you now all find yourselves in.

speedracer

Thanks for the reply.

I think I had to list them on my original application. I will have to look but pretty sure I had to list any and all relatives.

My daughter could come over on a student visa as could my son

Yes they were totally dependent on him. No one was able to find his life insurance policy either that he said he had so the funeral and everything I had to pay for.

Would they need to be in full time education in Australia?

Bermudashorts

Yes of course they could come over on a student visa, but what is the long term plan?

If they were on a student visa, then yes they would have to be in full time education. They can't just get a student visa and then not attend a course. Living on a student visa is an extremely expensive way of life, if they can afford this, then how come they are destitute in the UK?

Pollyana

Stuednt visas aren't a cheap option, and they are only temporary, be prepared for lots of pitfalls as many posters on here will tell you.
You would have had to list them when you applied, but it depends whether they were listed as family members or as "non-migrating dependents". One of the biggest sticking points s the wlelfare state in the UK - at a rough guess your daughter might qualify for housing benefit, child benefit, ome kind of single parent allowance or dole if she's not working? Plus your son could qualify for dole/incolme support, housing beneift? All those will go against any attempt to prove dependency.

pumpkin blossom

Not to be harsh, but they are adults. They can go to the council and tell them they will be homeless and they will find them somewhere to live, possibly not the nicest place to start with, but that would come.

When my MIL died the government paid out £3k odd for funeral expenses. Tell your kids to run off down the CAB and see exactly what they can get to help them through.

And onto the visa bit. Can you afford their student visas? Does your daugher have ANY qualifications? She may not even get on a course. I think some of them where asking for A-level qualifications when I was applying.

You are looking at $12k at least per year in course fees just for the adults (and they would need to study for 2 years). Then there would also be school fees for your grandchild too (fees being paid for your grandchild until her Mum gets PR which could be YEARS if ever). Health insurance HAS to be paid for on a student visa (you have to pay it before you get the visa), not to mention all the medicals etc.
While on a student visa your children will only be able to work 20 hours a week. Once they have finished their course the chances of them being able to stay are getting smaller and smaller.
There will be NO child benefit ect paid out while they are living here, they will be TOTALLY dependant on you if they can't find any part time work.

Sorry to sound negative, but it is SO unpractical. You would be better off transfering money to the UK to help them out.

speedracer

they certainly can't afford it. I would be paying for it.

JAJ

SO ... in the short term it looks like there is no visa for them and if you want to support them, it's probably more value added to send them money directly.

Unclear why a 26 year old isn't able to look after himself ... usually should be able to.

For your daughter you should take some professional advice to see if there is any chance she could be considered a "dependent child" for the purpose of the 445 visa (oddly, the rules are much stricter for the Child visa, which is what permanent residents have to sponsor for). But proving dependency will still be near impossible because she will be eligible for UK welfare benefits.
http://www.immi.gov.au/migrants/fami...-applicant.htm

You'd also need to look at the child custody issues surrounding her daughter. Is the father on the birth certificate?

Your son is too old for any kind of child visa ... best hope is that if you can manage to get your daughter to Australia then a remaining relative for him may be possible as long as there is no close family left behind in the UK (including estranged/blended family - a lot of that with UK applicants).

speedracer

just to clarify the oldest is my daughter who is 26 with grandson.

I contacted a migration agent today and was given a complete solution for all of them.

Thanks for your help

Cheers

Red_V_Roger

When I've sat in DIAC Parramatta waiting to lodge by visa applications, I would say that 2 out 3 enquiries at the desk were people with almost the same story as the original poster....though mainly from Asian countries.

The response from the staff on the desk each time was:

'Does the child have a skill or trade in demand?'
'Is the child coming to study?'

The usual answer was 'no' and that was pretty much the end of it.

Bermudashorts

Indeed.

I guess OP wants to keep the magical solution the migration agent came up with (apparantly) to themselves though. They have a similar attitude on the orange site.

Pollyana

Would you be prepared to share the solution as it may help people in your situation in the future? - after all, it could be something none of us are aware of