Please, share your knowledge, I need your help (dependent visa)

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Please, share your knowledge, I need your help (dependent visa)


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Old 03-28-2010, 04:36 PM
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Exclamation Please, share your knowledge, I need your help (dependent visa)

Hi, before I ask everyone my question, I'll give brief background knowledge of myself.

I'm a 21 year old korean citizen and my mother recently got married to an Australian citizen.
She's planning on applying for the spouse visa.
As far as I know, I can still be a dependent of my mom when she applies for the PR visa since the age limit is 24 or 25.

Now my question is,
my mother keeps telling me that visa is approved much faster when it is lodged onshore. I have no problem with her lodging it onshore but the thing is that I CANT GO TO AUSTRALIA WITH HER when she goes there to lodge the application.

She tells me that she just needs my passport and I don't even need to be there at the interview but I've checked the immigration website and it is stated that I need to be onshore if the application is lodged onshore.
Although I did find out that I don't need to be there when the interview occurs, I'm still not sure if I can get approved while I'm offshore.

Also, If my mom decided to lodge the application offshore, are there any disadvantages compared to lodging it onshore?
If we lodge it offshore and get it accepted, in how many days do my mom and I have go to Australia?

I'm very concerned about this matter.

Please...... share any knowledge you have concerning my situation.
Thank you so much for your time.


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Old 03-28-2010, 10:52 PM
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Quote:
Originally Posted by breakman64 View Post
Hi, before I ask everyone my question, I'll give brief background knowledge of myself.

I'm a 21 year old korean citizen and my mother recently got married to an Australian citizen.
She's planning on applying for the spouse visa.
As far as I know, I can still be a dependent of my mom when she applies for the PR visa since the age limit is 24 or 25.

Now my question is,
my mother keeps telling me that visa is approved much faster when it is lodged onshore. I have no problem with her lodging it onshore but the thing is that I CANT GO TO AUSTRALIA WITH HER when she goes there to lodge the application.

She tells me that she just needs my passport and I don't even need to be there at the interview but I've checked the immigration website and it is stated that I need to be onshore if the application is lodged onshore.
Although I did find out that I don't need to be there when the interview occurs, I'm still not sure if I can get approved while I'm offshore.

Also, If my mom decided to lodge the application offshore, are there any disadvantages compared to lodging it onshore?
If we lodge it offshore and get it accepted, in how many days do my mom and I have go to Australia?

I'm very concerned about this matter.

Please...... share any knowledge you have concerning my situation.
Thank you so much for your time.
Welcome to the forum Breakman and it's good that you've had a look at Immi regulations for they're the core to any travel and immigration eligibility.

There're a few matters your mother and you need to address, they being:
1. The key one is your dependency and though there is a possibility of someone aged to 25 being included as a dependant, the normal cut-off is 18 years of age and at any age dependency needs to be clearly shown, that at an older age usually being by remaining a student and financially fully dependent and that will need to be so as well during the 2 year phase from temporary residency to PR.
Certainly, if your mother headed overseas without you, I would not be surprised if that was taken as making a statement about dependency or the absence of it!
2a. As for a visa being approved quicker onshore, that is hardly debatable for all visas can be quite different as there can likewise be many different factors that will affect processing and for instance there will always be more issues that Immigration people in general in Australia are dealing with whereas there may be some greater immigration processing stability overseas.
2b.
Your mother needs to consider just how will she be able to have the visa applied for while onshore for she is going to need a visa to go to Australia and in most cases it is going to be a tourist visa that people may try and use, that having two potential issues
i] whether she would be allowed in on a tourist visa as her intent is not to be just a visitor
ii] tourist visas can have a No Further Stay condition which would mean that your mother would be unable to apply for another visa.
2c. You are correct in that an onshore visa means a person needs to be onshore for it to be granted.
The regulations go a step further to state that onshore visas need a person to be onshore to apply and with you included in that application, it may be that in deed you also need to be onshore.
I am not 100% on that but would expect it to be the case and for sure would be surprised if it was not for that would be an odd situation.
Even if your mother got as far as being able to be onshore and to be able to submit an application, with you as a claimed independant, if you fail to meet eligibility [for not being onshore], your mother would place the visa grant in jeopardy for I believe it could be where multiple individuals are included, eligibility for one not met and the application fails.

I'd think there is a greater advantage for your mother to apply offshore and she certainly needs to take the time to look at possible ramifications of attempting to take short cuts.
The offshore application is cheaper btw, by about $800.

When a visa is granted, there is a date given in grant advice as a latest entry by date, that usually being based on a 12 months duration from when medical examinations are done, they having a 12 months validity.
The visa when issued is for TR [ unless special conditions apply ] and after 2 years if the relationship still exists PR is granted.

If your mother still thinks of getting to Australia and applying, I'd suggest you convince her of the need to seek advice from a registered migration agent as to her eligibility to apply onshore, maintaining your dependency and the risk attached to you not being onshore in that situation.





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Old 03-29-2010, 02:43 PM
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Thank you so much for your quick reply.
I do have couple more questions about your statements.

You said something about me being a student so my question is....
Is it mandatory for me to be a student? In the official website, it said nothing about that, and just said that I need to show proofs of me being fully or partially dependent on my mom.
Also, you also stated that I need to stay dependent during the 2 years of TR phase.
So my question is, do they check up on my status of being dependent from time to time if not frequent?
If that's the case, it would be impossible to live by myself once I get the TR right?

And last question....
I have looked into the No Further Stay condition and found out that
it applies when you apply for a tourist visa.
Currently, South korea is a country where we don't need to apply for a visa and can just stay up to 3 months.
In this case, that condition wouldn't apply right?

I would greatly appreciate it if you could reply back one more time.
Thank you so much for your time.


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Old 03-29-2010, 11:31 PM
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Quote:
Originally Posted by breakman64 View Post
Thank you so much for your quick reply.
I do have couple more questions about your statements.

You said something about me being a student so my question is....
Is it mandatory for me to be a student? In the official website, it said nothing about that, and just said that I need to show proofs of me being fully or partially dependent on my mom.
Also, you also stated that I need to stay dependent during the 2 years of TR phase.
So my question is, do they check up on my status of being dependent from time to time if not frequent?
If that's the case, it would be impossible to live by myself once I get the TR right?

And last question....
I have looked into the No Further Stay condition and found out that
it applies when you apply for a tourist visa.
Currently, South korea is a country where we don't need to apply for a visa and can just stay up to 3 months.
In this case, that condition wouldn't apply right?

I would greatly appreciate it if you could reply back one more time.
Thank you so much for your time.
That something was
Quote:
and at any age dependency needs to be clearly shown, that at an older age usually being by remaining a student and financially fully dependent and that will need to be so as well during the 2 year phase from temporary residency to PR.
but if you are living at home and fully dependent, so be it and as to extent of checks that Immi make, that's up to them.
And where have you found that you do not need a visa to enter Australia? because you'll not find that on the Oz. Immi site.





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Old 03-30-2010, 05:10 AM
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I tried to post a link but I can't at the moment since i'm not an "active" member yet ha but anyways
In that website, it just stated that I need an ETA.
I went into the OZ immi site and went into the ETA link which is on the right side of the page.
I guess all you need is an ETA?
I'm not exactly sure what that is but I'm guessing that's the new electronic passport right?
I guess it is the equivalent of a visa but not the same as a tourist visa so yeah~
I also went into the immi website to double check on the No Further Stay condition
page and it stated nothing about it being imposed on ETA.

Tell me your opinion on this matter please.
Once again, thank you so much for replying^^


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Old 03-30-2010, 01:02 PM
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Quote:
Originally Posted by breakman64 View Post
I tried to post a link but I can't at the moment since i'm not an "active" member yet ha but anyways
In that website, it just stated that I need an ETA.
I went into the OZ immi site and went into the ETA link which is on the right side of the page.
I guess all you need is an ETA?
I'm not exactly sure what that is but I'm guessing that's the new electronic passport right?
I guess it is the equivalent of a visa but not the same as a tourist visa so yeah~
I also went into the immi website to double check on the No Further Stay condition
page and it stated nothing about it being imposed on ETA.

Tell me your opinion on this matter please.
Once again, thank you so much for replying^^
Yes the ETA [ Electronic Travel Authority ] is a form of a visa and still needs to be applied for.
Though they do not usually have a NFS as far as I know, if your mother is going to enter on one but is already married she still risks being asked of her intention - they are not there to be used to access Australia for the purpose of applying for an onshore visa but some people have possibly done it.

Her being in Australia and you in Korea will also weaken the dependency claim.





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