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Case study: 25 years old daughter granted a Dependent Child visa

We received a phone call from a lady, who lives in rural NSW and is married to an Australian citizen.

The lady was on the first stage Partner visa, and had another 14 months before she could be granted permanent residency. She had a daughter, they both were Ukrainian citizens. The daughter spend last years studying various hospitality courses in Spain, were on several job placements in Cyprus, Honk Kong and Canary Islands. Now she was in Maldives, and that was her last job placement before she graduation.

She were soon find a job but her immigration status would not allow her to work in any country she worked in while studying or work placements. She had to return to Ukraine, where her job prospects were not bad but pay and life conditions were not as good as they could be in Australia.

She recently visited her mum in Australia, and approached several hotels in Gold Coast, and they all were happy to consider her for employment but she had to sort out her visa herself. She explored migration opportunities and asked her mother to find out if she could sponsor her for some kind of a skilled sponsored visa.

Our advice on that matter was negative.

To sponsor her daughter, G. would have to be on a permanent visa herself, but first stage partner visa is not. The daughter’s occupation had to be in the Skilled Occupation List, and it was not. She would have to have work experience for skills assessment as well as for the point test, and she had none.

We suggested applying for a Dependent Child visa 445. This visa subclass is specifically for those who happened to be in Australia on a prospective or provisional stage partner visa, and decided to bring children from previous relationship to the new home.

There were however problems.

To apply as a child, a person would normally need to be younger 18. A child can be older 18 and less than 25, but then dependency must be established under a number of strict rules. They include full time study, financial reliance on a parent, not working, be unmarried and not engaged – for all time since school graduation.

Luckily, mum always supported her daughter financially and paid for her studies in Spain. Job placements, although somewhat paid, never provided enough income for the daughter to be independent. She was never married or engaged, and her 25th birthdays was two months away when the mother came to see me.

Although the facts were in their favour, the problem was to collect the evidence as information and documentation covering for more than 6 years were to be gathered. The time to apply and provide evidence was extremely limited. Effort needed from the mother was enormous.

Our job, as migration agents, was not only to find the passway the clients could not think of, but also to determine what arguments and evidence to present to the Immigration. It was also our responsibility to decide what documents would suffice to support of the application, and to put facts before the case officer in convincing manner.

The application was lodged at the Australian mission in Colombo, Shri Lanka, because at the time of application the daughter was on her last job placement in Maldives. She went to Ukraine to wait for the decision, and the visa 445 was granted in just 3 months.

She moved to Australia and got a job in hospitality almost immediately. Her temporary visa 445 automatically became a permanent residency visa on the same day her mother got the second stage Partner visa.

If they delayed visit to a migration professional, an opportunity to apply an Australian permanent visa could have been lost – possibly, forever.

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