Will my 19yo son be sent home???

[Guest Thefish123]

I’m hoping someone can offer me / my 19yo son some advice…

I have been living & working in Adelaide on a 457 visa since August 2007 & my visa runs out in August 2011… My 2 sons (aged 17 & 19) are also listed on my current 457 visa…

I married an Australian citizen in 2010 and we have recently had our first child together… I’m currently preparing submit my application for a permanent partner visa (subclass 801) however...

I called immigration to confirm that I could include my children in the application and they said that the 17yo would be fine but that this is only possible with the 19yo if he is still dependent on me and living at home and I can provide evidence that he has been for the last 12 months…

The problem is that he moved out of home and in with his friends about 15 months ago and he has been working at a local fast food restaurant ever since….

He is despite to stay in Adelaide as this is where dad, his brother & all of his friends are but I don’t think he would qualify for a visa on his own….

Has anyone got any suggestions please, is there any way that he could stay here in Australia??

 

Thanks

[Guest Mitchell]

I'm no expert but couldn't he apply as balance of family? Or is that just parents? Worse case he could do the working holiday one but I think you have to leave the country to apply. I'd suggest your best bet is to contact some agents for advise on type of visas available to him as they do this for free.

[Guest Nick11]

My advice would be to get a good immigration agent . Might cost you..but will be money well spent.

[Rachiegarlo]

does he work full time at the ff restaurant? are some things still registered with you as his residential address, eg bank accounts, drivers licence? I know he has been living with friends but how independently???? See what evidence you can come up with.

[Scousemouse]

Oh poor love,

what a nightnare for you!

My understanding is they wont send him back causing him financial hardship and/or family separation.

As he has established a niche here, i cant see immigration causing harm to a family.......

 

Many immigration lawyers offer a free consult, try them, or ask at yoour local council office if they can get information for you....its all worth a try.

 

Good luck

[Guest smit]

try a local immigration visa place..........maybe migration solutions in the city. were good for us , but quite a while ago now, so dont know if still good.

[HEAPS GOOD !!!]

PM a lady on here called Gollywobbler......she has lotsa knowledge of VISas and the like...

 

Good luck

 

HG

[wizzywozza]

You could try giving the IARC a call ... they give free immigration advice. This is their website ..... Welcome to Immigration Advice & Rights Centre Inc.

[Gollywobbler]

I’m hoping someone can offer me / my 19yo son some advice…

 

I have been living & working in Adelaide on a 457 visa since August 2007 & my visa runs out in August 2011… My 2 sons (aged 17 & 19) are also listed on my current 457 visa…

 

I married an Australian citizen in 2010 and we have recently had our first child together… I’m currently preparing submit my application for a permanent partner visa (subclass 801) however...

 

I called immigration to confirm that I could include my children in the application and they said that the 17yo would be fine but that this is only possible with the 19yo if he is still dependent on me and living at home and I can provide evidence that he has been for the last 12 months…

The problem is that he moved out of home and in with his friends about 15 months ago and he has been working at a local fast food restaurant ever since….

 

He is despite to stay in Adelaide as this is where dad, his brother & all of his friends are but I don’t think he would qualify for a visa on his own….

Has anyone got any suggestions please, is there any way that he could stay here in Australia??

 

Thanks

 

Hello O Fishy One!

 

From what you say, your son is "on the cusp" about whether DIAC will accept that he is a dependant or not.

 

I would suggest that you contact Libby Hogarth's office in Adelaide:

 

Australian Migration Options formerly Libby Hogarth & Associates

 

Libby Hogarth might have retired - I'm not sure. I have heard that she has been ill with the Big C. However even if she is not still around, she has stacks of experience that she will have passed on to her successors.

 

Sharing a pad with some friends is not necessarily fatal. The issue is whether your son could afford to live on his own, without any financial assistance from anyone else apart from his wages from the McJunk outlet. McJunks usually pay junk wages and the kids who work for them usually only do it part time, because it is both boring and tiring work. The kids usually only do just enough hours to give them some beer-money down at the beach. The migration agents need to drill down into that sort of detail. It might well be that they could assist but if they feel that they can't, they are obliged to say so honestly.

 

If the agents reckon that it would be impossible to include your son as a Dependent Child in your Partner visa application, all is not lost.

 

You say that both of his natural Parents are in Oz and so is his brother. Does he have any siblings or half-siblings outside Australia? Has he ever been formally adopted by a step-father who has not moved to Oz? In short, will he become eligible for a Remaining Relative Visa? Please see below:

 

Remaining Relative Visa (Onshore) (Subclass 835)

 

Other Family Migration Booklet

 

Bear in mind that all of his other rellies must be Permanent Residents of Oz (or almost so) before your son could be their Remaining Relly. Presumably you and your younger son will only get a temporary Partner visa at this stage?

 

However, it might come down to a question of DIAC's Policy. I am not sure what S835 of the Migration Regulations 1994 specifically says - sometimes they say that Uncle Tom Cobley & All must be "a Permanent Resident" but for other visas they say only that the person in question must be "permanently resident" in Oz. There is a subtle difference - particularly when DIAC's opponent is an Immigration Law specialist lawyer, who cannot be taught much about how to split hairs.

 

With Parent migration, which depends on the Balance of Family (ie how many of the children are living in Oz) the legislation says that Child A must be a Permanent Resident but the remaining children merely have to be permanently resident in Oz.

 

Right. Somebody who is resident in Oz is not residing anywhere else, which takes care of that bit, so what does "permanently" mean in this context? DIAC were asked this question and they got their Policy Branch to consider it. They came back with the news that it would depend on the exact circumstances in every situation but they accepted that a child on a provisional subclass 475 visa (sic, NOT a 457) could be considered to be "permanently resident" in Oz.

 

They might accept the same premise with regard to the holders of a temporary Partner visa because technically, when you apply for a Partner visa you apply for Permanent Residency in Australia. Introducing the temporary Partner stage is a device inserted by DIAC, if you like, which does not alter the fact that Permanent Residency has been applied for and it will be granted in due course unless your relationship with the Aussie falls apart - which is not terribly likely to happen at your age, methinks.....

 

So it is NOT certain but it is not impossible that your son might become eligible to apply for a Remaining Relative visa sooner than you might imagine. Please ask Libby Hogarth's people whether they think an early application for a Remaining Relative visa is likely to become possible. His 457 visa will not disappear until your own sc 801 visa is granted, so an onshore application for a Rem Relly visa might be possible sooner rather than later.

 

If an onshore Rem Relly visa is sought, your son would get a Bridging Visa A automatically as soon as his 457 visa disappears. This would enable him to work full-time in Oz, doing anything that he chooses, and the Bridging Visa would hold the fort for him until his Rem Relly application is eventually determined. (Which is now likely to take several years - at least 5 years and possibly longer according to recent reckoning.) It would not matter how long it takes because he would be able to stay in Oz, on the Bridging Visa.

 

If a detailed investigation of the legislation for the Rem Relly visa leads to the conclusion that it is not possible to apply for a Rem Relly visa until after everyone else is a Permanent Resident, that is not a hopeless scenario.

 

It does not sound as if your son has ever had a Working Holiday visa for Oz?

 

Visa Options - Working Holiday - Visas & Immigration

 

Assuming that your son is British, he should be able to get a subclass 417 Working Holiday visa without difficulty, which should enable him to remain in Oz for a further 2 years if he plays his cards right. (Please read the details about how to qualify for a second year in Oz on a WHV.)

 

He would have to go offshore in order to apply for a WHV and he would have to be offshore when the WHV is granted. Big deal. Bung him on a plane to Thailand, I suggest, which is a good, cheap place and the weather is good enough for a cheap doss-house on the beach! WH Visas are nearly always granted within a couple of weeks and I know a lot of people whose WH visas have been granted after only a couple of days, so tell your son not to become comfortable in Thailand or wherever!

 

If he does his 2 years on a WH visa and it is still not possible for him to apply for a Rem Relly visa immediately, a visitor visa next would hold the fort for a while longer and so forth.

 

In short, as long as your son is basically eligible for a Remaining Relative visa or he will become so, the rest can be sorted out for him.

 

Is this as clear as mud? Please shout if you need some clarification!

 

Cheers

 

Gill

[Guest Thefish123]

Thank you all so much for your advice :0)

Gollywobbler, thanks for such a comprehensive reply....

If I can't get him as a dependant then it defiantly sounds like the Remaining Relative visa is the way to go..... There is light at the end of the tunnel after all :0)