suebeedoo

Hi everybody, yippee, we can stay. My son and I who is a dependent have just been given our temporary spouse visa so we can stay for at least two years until i apply for my proper spouse visa.

I forgot to ask at my interview, now that I have my TSV I know that I have full work rights and can get a job. My son who is 18 came with us as a dependant as he was in college right up to leaving. Now that we have the TSV does he have to enrol in TAFE here for two years to be able to be included when we apply for our spouse visa or can he get a job and work? I don't want him to work if at the end f the 2 years they say he has to go home as he is no longer a dependant.

Also can we apply for medicare with a Temprary spouse visa.

Any help would be greatly appreciated.

Thank you x

Pollyana

Don't know the answer to the question about him being a dependent, I'm afraid, but you are definitely entitled to Medicare. You will get a temp card which will be replaced by a permanent one when you get PR.

Pollyana

Advice from an agent seems to be that unfortunately he will need to be dependent on you until the PR is granted.

suebeedoo

Thank you Pollyanna for your invaluable help, your a super cool moderator .

I have however just phoned up immigration hotline to see if I could find out and the guy I spoke to said that if they are included in the application for the 820 and dependency is proved then they dont normally ask for proof again when you come to apply for your 801. He said quote ' were not in the business of trying to split a family up' and he would be ok to work unless of course the rules change. hmmmmmm

suebeedoo

Has anybody out there had any experience of this scenario, where they have got their temporary spouse visa with a dependant and then applied for their spouse visa 2 years later with their dependant working and still had it approved for them as well.

Pollyana

Lets hope that for once the hotline is correct then.........

George Lombard

Hi Polly,

You really need to seek better advice.

The formal position as explained by the PAMS (DIAC's policy advice on the interpretation of the regulations) is as follows, make of it what you will:

15.2 Is the applicant still a family unit member

Does not have to be

Regardless of which 801.321(a) provision applies, the policy intention is that, at time of decision, provided the main applicant is granted their visa 801 (it need not yet have been evidenced), nothing requires this applicant to still be a family unit member to be granted their visa 801. For example, an applicant required to meet the ‘dependent’ requirements/ criteria for an 820 visa, is not required to satisfy criteria relating to dependency at time of decision for an 801 visa.

Applicants are, however, required under s104 of the Act to notify changes in their circumstances, including if the composition of their family unit changes as a result of eg birth, death or change in marital status.

If no notification to the contrary has been received and there is no reason to believe otherwise, officers may without further enquiry consider that the applicant is still a family unit member provided:

• there is no evidence to the contrary and

• no significant time has elapsed since the visa 820/300 was granted; otherwise, officers are expected to take reasonable steps to satisfy themselves that there has been no material change in the family member’s circumstances such as to warrant cancelling their visa 820/300.

Cheers,

George Lombard

suebeedoo

lol good grief George, hang on while i take my quick solictors degree

OK read it I take it from all that it means that as long as he is still living with myself and my partner in our family unit, working or at college then he will be granted his 801 along with myself after 2 years.

Pollyana

Sooooo it could depend on a Case Officers definitions of such phrases as no significant time has elapsed and expected to take reasonable steps; but it looks like as long as they are still a family unit member they need not be a dependent?

Thanks George, its appreciated!!