Can I take my mother in law?
I was wondering if my mother in law could be included as a member of my family as far as a visa would go? Could she be classed as a dependent? If so does it cost more to get the visa. Also could she still get her uk pesion?
Hi Craig the best thing i think you could do to find out is contact a few immigration agents and have there free (usually the first contact) consultation to ask their advice.Usually they will ask all your circumstances e.t.c. what pionts you will get,what trade your in,Family e.t.c.
I'm sure your get more advice on P.I.A very soon.
good luck as you go forward.
thanks for the advice, we will contact agents soon and see what they say. Im sure I read it somewhere that you could take dependent parents but just kind remember what site it was on
Hi craig if you look up migration issues on this site i'm sure you will find a previous thread with the answer. I'M 99% sure your mother inlaw will keep her pension.
You wanna take your mother in-law !!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! !!!!!!!!!!!!!
My first reaction as well
Originally Posted by cornish Busdriver
Hi again, Craig
It would NOT be easy to get your mother in law included as a dependent on your visa if she is British and lives in the UK.
It would be virtually impossible on any sort of application for Permanent Residence in Australia, and although you might get away with it on a temporary subclass 457 visa, the only reason DIAC might be more flexible about m--i-l at the temporary visa stage is because they know that she would only have temporary residence in Oz.
If M-i-l only has Temporary Residence in Oz, Policy might just about stretch far enough for DIAC to be able to say, "Well....she's only a visitor.... so at this stage we needn't look too closely at whether she is really dependent on her daughter and s-i-l...."
However, if they were to take a lenient view of M-i-L as a quasi-visitor on a 457 visa, that would ONLY be because they know full well that they could prevent m-i-l from obtaining Permanent Residence in Oz based on claims of dependence on you.
This happened to a British friend of mine, a nurse (about the most in-demand skill in the whole of Australia.) DIAC would NOT accept that her mother is dependent on her and they threatened to refuse the whole application for skilled independent migration unless my chum agreed to remove her mother from it. My chum instructed a Migration Agent who was minded to take DIAC to court about it - until they involved a specialist barrister. The barrister told them not even to bother to try to sue DIAC about this because they would undoubtedly lose and would end up paying DIAC's legal costs as well as their own.
The reason why DIAC are so utterly hostile to the idea of British Parents allegedly beig depedent on their children is two-fold. Firstly, DIAC consider that "dependent" means "Literally would NOT have any food, clothing or shelter - even in a Government hostel - without the financial support coming from the child."
Anybody in recept of a British State Pension can claim all sorts of medical benefits, housing from the Welfare state, if need be a Community Care Grant would furnish a flat or at least a bed-sit, buy clothes forthe Pensioner and so forth. DIAC simply will NOT accept the idea that a British Pensioner is not a person of independent means, in short.
Secondly, DIAC offer a range of other alternatives for retired Parents. One is a Parent visa, or the newer Contributory Parent visa if the Balance of Family Test is met. Altenatively they offer an Investor Retirement visa instead. And if all else fails, although they won't allow anyone to use repeated long stay tourist visas as a means of "living" in Australia, they do tend to be reasonable-ish about allowing British Parents to spend up to six monts a year in Oz with their children. Reduce that to 3 months a year and they won't ask a single question, ever.
To answer your final question, if your mother in law leaves the UK for more than just a short holiday, her State Pension will be reduced by between 1/4 and 1/3, and it will be frozen at the reduced rate on the date that she left the UK until she eventually decides to return to the UK to live here instead.
My own mother is retired and spends most (but not all) of each year in Australia, where she has Permanent Residence because she has a Contributory Parent visa. Trust me, I do know exactly what the score is for British Parents, visas for them and also what happens with their State Pensions because I investigated every possible avenue and implication on behalf of my own Mum not so long ago.
Please sing out if you would like more help.
Last edited by Gollywobbler; 10-02-2008 at 04:09 AM.
Thanks for that, although not the answer we were hoping for, it was very helpful indeed. Thanks again
Taking the M-I-L ?
Take out some good life insurance and kick her off the plane without a parachute more like
I asked hubby if we should take my mother.
I couldn't possibly type the response without getting barred for the forum!!!!
I take it that is a "no" then