Student in England but want to apply for Child Visa Offshore

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Student in England but want to apply for Child Visa Offshore


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Old 06-28-2010, 12:31 AM
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Student in England but want to apply for Child Visa Offshore

Hi everyone, my biological mother, her partner of 19 years, and my brother and sister, all migrated to Melbourne 3 years ago. I stayed in England to attend University. I will be going into my final year in September and so i am now ready to apply to move over and live with them, but i have come across a few issues whilst looking at the application for the Child Visa (Offshore, Subclass 101) and wondered if anyone could help me?

I am over 18 years (currently 22 years old) therefore i am required to give details of my MAIN source of financial support. To qualify for this visa i'v read that my parents have to have been my main source of financial support since they migrated. They have been sending me alot of money via bank transfers, over the past 3 years.....However, i am at University, therefore i have also been receiving financial support from Student Finance England to pay for tuition fees and to pay towards the cost of my student halls (like nearly every student at university, as it costs thousands otherwise). I also have to repay what i borrow from Student Finance once i am earning over £15,000.....therefore i am wondering whether this will affect my eligibility for the visa, as my MAIN source of income has obviously been from Student Finance.

Hope you can help! Thanks!

Jen


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Old 06-28-2010, 12:38 PM
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Quote:
Originally Posted by JenL View Post
Hi everyone, my biological mother, her partner of 19 years, and my brother and sister, all migrated to Melbourne 3 years ago. I stayed in England to attend University. I will be going into my final year in September and so i am now ready to apply to move over and live with them, but i have come across a few issues whilst looking at the application for the Child Visa (Offshore, Subclass 101) and wondered if anyone could help me?

I am over 18 years (currently 22 years old) therefore i am required to give details of my MAIN source of financial support. To qualify for this visa i'v read that my parents have to have been my main source of financial support since they migrated. They have been sending me alot of money via bank transfers, over the past 3 years.....However, i am at University, therefore i have also been receiving financial support from Student Finance England to pay for tuition fees and to pay towards the cost of my student halls (like nearly every student at university, as it costs thousands otherwise). I also have to repay what i borrow from Student Finance once i am earning over £15,000.....therefore i am wondering whether this will affect my eligibility for the visa, as my MAIN source of income has obviously been from Student Finance.

Hope you can help! Thanks!

Jen
Only a Case Officer backed by their supervision/management can really make the decision Jen but I think the main test will be that you have been studying fulltime and the Student Finace situation would possibly be considered a bit like our HECS scheme here, financial assistance that is government run.
I think when you look at Child Visa (Offshore) (Subclass 101) and the Dependency section phrasing
Quote:
The child must be dependent on their sponsor. A child under 18 years of age is considered to be dependent. However for a child who has turned 18 years of age to be considered dependent, they must rely more on their sponsor than on any other person or source of financial support in either one of the circumstances below:
•to meet their basic needs of food, shelter and clothing, and they must have relied on this support for a substantial period (usually 12 months)
So it may just be a case of the $$$$ numbers re the support you have had and that you meet other requirements.

The Immigration department would not be wanting to keep you separated from your family just for the hell of it though they do have the legislated regulations that have to be adhered to as difficult as they can be for some.
If your father is no longer alive, you may also want to consider the Remaining Relative Visa
Remaining Relative Visa (Offshore) (Subclass 115)

If it is a child visa that you are left with and it is refused, I suppose you'll have to look for some work in the UK in staying awhile and then look at a skilled visa, your experience overseas possibly being to your advantage.

Another alternative to consider if a child visa is refused [ and you could get your application in well before the your last year is due to finish, being confident of graduating of course ] would be to get a Working Holiday Visa [ and you can do some regional work to get a second years WHV ]
and that would give you the chance to find employment in Australia and apply for an employer sponsor visa.
Visa Options - Working Holiday - Visas & Immigration
Employer Sponsored Workers - Workers - Visas & Immigration





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Old 06-30-2010, 11:06 AM
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Hi Wanderer, thanks for the reply!

Unfortunantly i can't apply for the remaining relative visa as my older sister still lives in the UK. I have been speaking to an agent, from ASA, and i have explained the situation with the finance part for the child visa, and said he will look into it and get back to me asap. I appear to qualify for every other aspect of the child visa which is a start.

If it turns out that i can't apply for this visa then i am going to apply for a Working Holiday Visa!

Thanks for your help!

Jennifer


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