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HI all

I've been searching the internet everywhere for an answer to my question, but no luck so far.

I am South African. I have already been granted a Partner visa (sc 309), and I am now living in Australia. Included in my original application were my two children, aged 13 and 16 when the visa was granted. My children are currently not with me in Australia as their father (ex husband) offered to pay for their schooling in Europe. This happened after we were granted the Partner visa. I agreed to allow them the opportunity to experience Europe while my husband and I are finding our feet in Australia. The plan is that the children will join us at a later stage, maybe even after a decision has been made on the sc 100.

We have all made our required first entries to Australia, and the agreement between me and the children's father did not involve any legal changes to current custody arrangements.

My question is: Will DIBP ask why the children are not living in Australia with me when the second stage of the partner visa (sc 100) kicks in? In other words: do dependents still have to be dependent on the main applicant when the sc 100 is decided, or is proof of this only required for when the sc 309 is granted?

What if, for instance, a child is 17 and at school when the sc 309 is granted (dependent) but 19 and employed (no longer dependent) when a decision is made on the sc 100? Will such a child still qualify to get the sc 309 (permanent residence)?

I hope this all makes sense...

Regards

Anna
 

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Good question.

I have no idea, but think it is not going to effect their visas. I seems that dependent children are linked to the primary applicant. It seems only the primary applicant needs to meet all the requirements for grant of PR.

I expect that will change for when citizenship comes around?? big guess there.
 
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