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Discussion Starter · #1 ·
My African "son" has been in Australia on a visitor visa, then a secondary student visa for nearly three years. He was going to continue to do TAFE course next year, then graduate visa etc. He will not pass Year 12 (academic pursuits are not his strength and he is not really learning much at school any more). He doesn't need to pass Year 12 to go to TAFE. But it is arguably better if he doesnt have a failure on his academic record?

However, it turns out he has incredible sporting ability and has been talent spotted by Australian coaches, with a view to going to the Comm Games and Olympic Games. He has been competing in Australia and NZ this year, but he is not eligible to compete in the Australian Championships because he is not a Citizen. On a student/skilled migrant pathway, he wouldn't be eligible for between 5 and 9 years (depending on whether they require citizenship or permanent residency). That is a huge chunk of his career spent waiting for eligibility to represent Australia.

There is an international African competition that he can compete in in August - there is a coach lined up in his home country to prepare him and take him through those championships.

Question: does he come back to Australia for the last couple of months of school (at a cost of $6.5k) and fail year 12 OR does he stay in Africa and compete?

It costs $6.5k for this semester for him to stay in school and to learn not much, and to fail - the upside is he can stay in Australia until March 2019. Alternatively, he can return to Africa, and build his international reputation in his sport - potentially winning at an international level. We think we have the other criteria covered for a Distinguished Talent visa IF he can build his international sporting reputation in Africa, starting with the championship next month.

So - do we apply to cancel his student visa (and hopefully his CoE so we don't have to pay $6.5k), he goes back to Africa for the next 6 months and competes as much as he can at national and international levels. Then we put in an application (either onshore or offshore - he can potentially come back to Aus on a Visitor Visa for his sporting competitions) for a Distinguished Talent visa? If that is successful, he goes straight to permanent residency and hopefully can compete for Australia.

Are there any risks to this strategy that Im not seeing? Our Plan B is that if the sports visa doesn't work out (because he doesnt win internationally or because it gets rejected anyway), then he applies for a Student Visa to study at TAFE and then on to the skilled migrant route. He can then continue to compete in Africa and try to get up the achievements necessary to qualify for the DT visa.

Am I missing anything? is there a better way to do this?

Thank you so much, in advance, for any light you can shed on this for us.
 
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