Adding Brother as dependent in GSM 175 Application

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Adding Brother as dependent in GSM 175 Application


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Old 04-26-2009, 01:07 PM
 
Join Date: Apr 2009
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Adding Brother as dependent in GSM 175 Application

Hi Wanderer ,

Trust you are having wonderful weekend !!I started new thread as per your advice

Well coming back to my issue of adding my brother as Dependent including/excluding parents .
I emailed ASPC and got the attached reply which is still not very clear !!
As per requirements for the relative to be dependent !! my brother meet the requirment of living in household,reliant for finanancial support including food and shelter for sustantial period as he is living with my parents altogether.
While the other part says that a relative can be dependent also if he has some medical issues and he is reliant on yourself which is definately not the situation in my case.

No what has been unclear !! Whether Immi people determine my case having my brother really dependent as he is dependent now but may be after 1 year or so he start working somewhere generating his own funds.... and

If I add my parents in my application then my brother will be left alone ,is there any way I can prove on family attachment basis that my brother needs to be altogether with the family as he have not lived alone so far and whole family is migrating now !!

If someone has got some rejections like excluding relatives under such circuimstances ,I really appreciate your responses !!

Thanks a lot
Atif







WHO MAY BE INCLUDED AS PART OF YOUR GENERAL SKILLED MIGRATION APPLICATION:


In addition to you (the main visa applicant) your application may include:

* your spouse or interdependent partner
* your dependent child
* your spouse's or interdependent partnerís dependent child
* a dependent child of your dependent child
* a dependent child of your spouse's or interdependent partnerís dependent
child
* your dependent relative
* your spouse's or interdependent partnerís dependent relative.

Detailed descriptions of who may qualify as a secondary applicant are
given below.


'SPOUSE/INTERDEPENDENT PARTNER':

Your 'spouse' is your husband, wife or de facto (common law) partner. The
term Ďinterdependent partnerí is used for a same sex partner who meets the
criteria of a de facto partner (can demonstrate that they have been in a
committed relationship for the 12 months immediately before the visa
application is made).


EVIDENCE TO ATTACH TO YOUR APPLICATION WHEN INCLUDING YOUR
SPOUSE/INTERDEPENDENT PARTNER IN YOUR APPLICATION:

Whether you are married or in a de facto (common law) relationship, you
must include evidence that your relationship is genuine and continuing and
that you have a commitment to a shared life together. This evidence may
include, but is not limited to, the following:
* history of your relationship
* evidence of joint assets, such as property and/or shares
* joint rental receipts and accounts in both names
* birth certificates for children
* statutory declaration from family and friends detailing the length of
your relationship
* other evidence to support your relationship.

For more information about the types of evidence to attach to your
application see the department's website Ďincluding secondary applicants
in your application' at
http://www.immi.gov.au/skilled/gener...tion/bringing-
secondary-app.htm

'DEPENDENT CHILD':

'Child' includes your:
* natural (biological) child
* adopted child
* step child.

The dependent child of your interdependent partner may also be included
in your application.

Any child under the age of 18 years is usually considered a 'dependent
child'. However, a child of any age who is married, in a de facto or
interdependent partner relationship or engaged to be married, is not
considered dependent.

A child aged 18 years or over will be considered dependent if you can show
that he/she is wholly or substantially financially dependent on you for
his/her basic needs of food, clothing and shelter. You will need to show
that you have met these needs for a substantial period, usually at least
12 months, and that the child is more reliant on you than on any other
person or source. If you can not provide evidence of this, it is unlikely
that a child aged 18 or over will be considered dependent on you.

Children of any age who have a total or partial loss of bodily or mental
functions which stops them from earning a living are regarded as a
dependant and part of the family unit (whether or not they migrate with
you). You will be required to provide details of such children in your
application even if they are not in your care.


EVIDENCE TO ATTACH TO YOUR APPLICATION WHEN INCLUDING YOUR DEPENDENT CHILD
OR DEPENDENT CHILD OF YOUR INTERDEPENDENT PARTNER IN YOUR APPLICATION:

You will need to show evidence that the child is your or your
spouse/interdependent partnerís;
* natural (biological) child
* adopted child
* step child

'Step-child' means a:
* natural or adopted child of your current spouse, or
* a natural or adopted child of your former spouse where the child is
under 18 and you have a legal responsibility to care for them.

You should provide a certified copy of each child's birth certificate or
adoption papers. If you have a step-child, you should provide evidence
that you have legal responsibility for that child.


CUSTODY REQUIREMENT TO BE MET WHEN A CHILD IS INCLUDED IN YOUR APPLICATION:


The department will seek to ensure that allowing a child to migrate is not
in contravention of Australia's international obligations as a signatory
to the Hague Convention on the Civil Aspects of International Child
Abduction.

If your application includes a child under 18 years of age and the child's
other parent is not migrating with you, or there is any other person who
has the legal right to determine where the child can live, you will need
to provide the evidence as outlined below.

For each child under 18 years you will need to provide one of the
following:
* evidence that the law of your home country permits the removal of the
child to Australia. This could include an overseas court order granting
you sole custody of the child
* evidence that each person who can lawfully determine where the child is
to live consents to the grant of the visa. Such evidence should be either:

- a statutory declaration or a legal document signed by the child's
other parent (or any other person who can lawfully determine where the
child shall live), consenting to the grant of the visa, or
- evidence that the child's other parent is dead, such as a certified
copy of the death certificate
* evidence that the grant of the visa would be consistent with any
Australian child order in force in relation to the child. Such evidence
should be the original or certified copy of the Australian Court order
providing you with sole responsibility to decide where the child should
live.

In the case of a step-child, you will need to provide evidence that you
were in a spousal relationship with the child's natural parent and that
you have been awarded one of the following:
* a residence order in force for the child under the Australian Family Law
Act 1975
* a specific issues order in force under the Australian Family Law Act
1975 giving you responsibility for the child's long-term or day-to-day
care, welfare and development - known as a 'care order'
* guardianship or custody, whether jointly or otherwise, under a
Commonwealth, state or territory law or a law in force in a foreign
country.


'DEPENDENT RELATIVE':

If you are applying for General Skilled Migration from outside Australia,
you may include in your application relatives, other than your children,
who are dependent on you. These may include an aged, unmarried relative.


You can include these relatives in your application if they:
* are usually resident in your household
* are substantially or wholly reliant on you for financial support for
their basic needs of shelter, food and clothing
* have been reliant on you for that support for a substantial period
* are more reliant on you for that support than on any other person or
source.

A relative may also be considered dependent on you if they are reliant on
you for financial support because they have a mental or physical
disability which stops them from earning a living to support themselves.


If you have dependants who are aged 18 years or over, please obtain Form
47A Details of child or other dependent family member aged 18 years or
over. Form 47A must be completed for each dependant aged 18 years or over,
regardless of whether or not they are migrating with you.

Form 47A is only available in paper form. You cannot lodge this form
electronically. If you are lodging an electronic General Skilled Migration
application, you must submit Form 47A and all supporting documentation by
mail or courier directly to the correct general Skilled Migration
processing centre. Form 47A Details of child or other dependent family
member aged 18 years or over
is available from the department's website at
http://www.immi.gov.au/allforms/pdf/47a.pdf


EVIDENCE TO ATTACH TO YOUR APPLICATION WHEN INCLUDING OTHER DEPENDENT
RELATIVES IN YOUR APPLICATION:

You will need to provide:
* a certified copy of your relative's birth certificate and evidence of
their relationship to you
* evidence that the relative resides in your household
* evidence that your relative has been dependent on you for at least the
last 12 months, and if your relative is divorced or separated, evidence
of their divorce or legal separation.


  #2 (permalink)  
Old 04-26-2009, 02:56 PM
Wanderer's Avatar
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Join Date: Jun 2007
Posts: 7,467
Please update your flag here .

139 likes received
Yep, that info in blue print is similar to what is on if not straight off the immi web site.

Essentially for any secondary applicants you have to show that whoever they may be, that they are dependant on you and whilst there is information there re evidence/support etc. most secondary applicants will normally be spouses and children of a primary applicant.

The Australian immigration pysche will I expect be that you're stretching the point for a 24 YO brother and parents.

Nothing to stop you trying and if successful, any secondary applicants on a PR visa application also have PR applied and as a PR someone is allowed to do whatever they wish.

Two things you may want to give thought to;
. If you have no guarantee of work on arrival in Australia, how will you support and that may even be something that immi gives some consideration.
. Given global economic situation, a 175 visa may not be processed all that quickly, possibly a processof some years.





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