189 visa with a dependent family member

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  • 1 Post By Maggie-May24
  • 2 Post By Jean_D
  • 1 Post By Jean_D

189 visa with a dependent family member


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Old 08-12-2014, 04:06 PM
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189 visa with a dependent family member

Hi, I'm hoping to apply for a subclass 189 visa and would like to add my mother into the application as a dependent member.

My mum (over 50 yo) has been officially separated from my dad for 3 years. She has been living with me in Australia since March last year. I understand that she needs to be supported by me for the past 12 months or more. And that the evidence needed would be stuff like proof that I have been paying for the rent and bills, and direct debits to her bank account.

I was wondering if anybody knows more information on the direct debit bit. Is there a minimum of how much I should be giving her and does it have to be regular (like fortnightly/monthly)?

Also, I remember reading somewhere on the immigration website that individuals over the age of 50 do not need proof of being competent in English; does this apply to this visa as well for a dependent applicant? (We have no problems with the English test, but I would like to know in advance whether we should apply for the IELTS test before splurging $300+ only to find out it's not necessary)


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Old 08-12-2014, 09:18 PM
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Any dependents would need to either prove their English proficiency or else you pay a secondary fee of $4,885.

I'd suggest you speak with a migration agent regarding including her as dependent. Even though she's lived with you for a year and is separated from your father, I've read on forums that the fact that she has a spouse can make it difficult for you to claim she's your dependent (since legally she should be your father's dependent instead).

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Old 08-13-2014, 02:56 AM
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Regarding English, your mother would have to show she has Functional English (IELTS Average 4.5) or pay the fee Maggie-May mentions above. There are a number of ways Functional English can be show.

Regarding Dependency, you will have to show that without your support she would be destitute. That means that she would have either no income or very little income. At the age of 50 if she is still able to work then that might be a problem.

Another thing to be aware of is whether you mother has any health issues that may lead to a visa refusal. The Immigration Department has a policy regarding health issues that if one family member fails all family members fail.

It would be wise to discuss your case in detail with an experienced migration agent.

Regards

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Old 08-28-2014, 08:51 AM
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Thank you! I'm grateful for the advice. Would have never thought about some of the issues brought up if not for the replies. I am most definitely going to get an agent to help me with this and to try to increase my chances of getting my mum included in the visa.

About the separation bit (where my mum is supposedly meant to dependent on my father), the separation papers they signed meant that they would not seek the other for financial help nor cause any debt for the other, basically, a clean separation where neither party would help the other. I have also checked the immigration website, and it does mention separation as one of the choices for marital status. I'm hoping that this is a strong enough case in my favour!


Last edited by Jean_D; 08-28-2014 at 08:51 AM. Reason: Grammatical error

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Old 01-08-2015, 09:45 PM
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Hi,

I am curious to find out what you ended up doing and what the outcome of your application was?

I am in a similar situation.

Much appreciate the advice.


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Old 01-14-2015, 01:40 AM
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Hi CN84!

You've posted your question at the right time; I'd just received my PR status from immigration a couple of days ago and my mum was successful as a dependent! I am happy to share with you the process and what I did.

Regarding the English competency, I searched the immi website for other ways to prove functional English, as mentioned by Maggie May and Jeremy Hooper. There are a few other ways such as evidence that the dependent had completed a degree/diploma/etc in an English medium for a few years (can't remember how many now). Check that page out; it's really useful. My mum had completed her bachelors degree in Australia, so we used that.

As for proof of dependency, I provided evidence that I had been paying the rent and bills, as well as supporting my mother with money via bank transfers and extra stuff like paying for her air tickets whenever she travelled, etc.

I hope this helps. Good luck!

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Old 01-14-2015, 10:51 PM
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Hi Jean_D,

Thank you very much for your reply and congratulations for getting your PR.

Can you for more details regarding proving dependency? Did you live at the same address as your mum?

My dad, who recently divorced, and two of my brothers are dependent on me for financial support and I send them money from the UK. They dont live with me though. Sometimes I send money through western union, other times through friends who are going back home (and I've only kept record of few WU money transfer). I am considering applying for them to join me in the UK but much harder to get UK visa so thought might as well include them in my aus application since I am planning on going there anyway.
Do you think I can prove their dependency?
What is your experience?

What is the worst that can happen if aus immi decides they are not dependent?

Thanks a lot


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Old 01-15-2015, 04:13 PM
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Yes, my mum lives with me at the same address, and I've been covering the rent for the entire place so I showed bank transfers that I have been making to the landlord. Evidence that I paid the bills and supported my mum with money were shown using bank statements as well. We also provided evidence that she received the money in her account by printing out her bank statement.

Your situation does sound a bit difficult, but I cannot say for sure. How long has your dad been divorced for? It isn't actually stated on the immi website but I have always assumed that the dependent would have to be divorced for at least 12 months, since it also states that the dependent has to be reliant on the main applicant for at least 12 months. Also, according to the website, one of the factors required for the family member to be considered a dependent is that they have to live with the main applicant. However, your case does seem special as you yourself are overseas in the UK and obviously it won't be easy to have your family join you there. I really don't know the statistics about this...it would be good to check with a migration agent regarding this before making any decisions. And check with Western Union to see if they have past records of you transferring money to your family. Every bit will help.

The worst thing that can happen is that your family members will simply not be granted residency, and the money spent on the application would go down the drain.

Overall, I would recommend you start a new post with your question so that hopefully a more senior member or one of the mods who know more can advise you on your situation!

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Old 01-18-2015, 04:45 PM
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Hi Jean_D,

One again thank you for your reply. Can you please tell me give me a brief insight into the process?

I understand you lodge your EOI then get invited after which you are assigned a CO. Then what happens? a brief introduction and time scale would help me better understand the process.

Also at which stage do they ask for police check and medicals? What if you visited a lot of countries? I am from Africa and have visited a lot of African countries, which I think means a lot of police check certificates (ie very time consuming!). I also hear that on top of police check they do security check with an external company which takes even longer. Is that true?

Also I noticed you were going to lodge your EOI in August, would you say the whole process takes about six months? (Is that for high risk or low risk countries)?

Thanks a lot


Last edited by CN84; 01-18-2015 at 04:51 PM.

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Old 01-29-2015, 03:28 PM
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So what happens is after the EOI, you get invited to apply for the visa. When you apply for it, you get asked to fill in all the necessary information about yourself and the dependent eg. Background and contact info, education history, employment history, etc. I received the invitation to apply about two to three weeks after I lodged my EOI.

After you apply for the visa (during which you will have paid for the application as well), you get to create an ImmiAccount at this link ImmiAccount which lets you log in to upload your documents and check up on the progress of your application. You will not immediately get a case officer at this stage. Basically, I had to wait a month and a half before I got assigned a case officer, so during this time I scanned and uploaded my documents. The ImmiAccount is where you will have to upload your police check and health check ups. Depending on how old your brothers are and how long you spent in each of those countries, you might not have to get the police certificates from those countries. The website states:
If you are over the age of 16 and have lived in any of the countries listed on this page for a total of one year or more in the last 10 years, you must get a police certificate from that country. Look at it here:
Character and police certificate requirements

I have never heard of security checks with an external company. The only checks that were required of me were the police checks from my home country and the police checks done by the Australian Federal Police as I have lived in Australia for 6 of my past 10 years.

I ended up lodging my EOI around late September due to a lot of uncertainty. I did more research and consulted others and made sure I had my documents ready before I did it. It took just over three and a half months from the EOI till I got my application approved! But I do not know if applications from higher risk countries would expect a longer process. Do note that I had almost all my documents at hand so the majority of the process was a waiting game.


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