# Dependent Father on 457 Visa



## SJA (Jul 28, 2010)

Hi, 
I am new to this forum and wonder if you could help me?
I have been offered a transfer with my company to Melbourne on a 457 visa.
My company have known from the start that my father lives with me and from their perspective this has not been seen as a problem.
However, I have just heard back from Fragomen's (legal / Immigration service) who have asked for a lot of info regarding proving my father's dependency on me - I think reading the posts this was an oversight on my part in terms of not realising the complexities involved!
My father is 70 and has lived with me for 5 years, since my mother died. he has his own annexe in my home. I am single.
I pay all of the bills for the house and support him financially - food, clothes, holidays, car, fuel and generally take care of him. He retired 5 years ago too.
I have been able to provide bank statements for both of us which support this, also car loan payments, car insurance, credit card that I provide for him etc. However, he is in receipt of a Government pension of circa £540 per month - which can clearly be seen on the bank statements and is not something I have made any secret of - it simply builds up in his account monthly and he occasionally uses it for emergencies or other purchases, but typically it just builds up each month.
I have a younger brother who is married (divorce in process) with a child - he works off shore on the oil rigs for 8/9 months each year and my fathers brothers and sisters are all older and in late 70's / 80's and living in Scotland.
I realise that this may not be a typical situation but could anyone advise me how likely it is that he will be approved to travel with me as part of my 457 visa - I fear that I may have to turn the job down if it is not approved as I can't leave him on his own.
Many thanks SJA


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## kaz101 (Nov 29, 2007)

Hi SJA, 

Welcome to the forum.

Have you checked out the eligibility requirements for the 457 and dependent relatives?
General Skilled Migration

If you look at the section for Other Dependent Relatives it says:
Other dependent relatives

Other relatives of you or your partner may be considered in the application if they meet all of the following:

*they have no other relative able to care for them in their own country and they either:*
they are not currently married, engaged or in a de facto relationship
they are usually resident in your household
they rely on you for financial support for their basic needs
you have supported them for a substantial period
they rely on you more than any other person or source. 

Personally I think the first part could be an issue since you have a brother in the UK. I think proof will be needed that your brother can't look after your Dad but I'm not an expert in these matters. Your company's legal service may want to talk to an agent to make sure that they are getting this right unless they've dealt with this situation before. 

Good luck and let us know how you get on.
Regards,
Karen


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## amaslam (Sep 25, 2008)

You might also have an issue if Immi believes the 540/month is sufficient to support your fathers basic needs (I personally doubt it is, but who knows what Immi thinks is sufficient). Can you speak with an Immigration agent about this?



kaz101 said:


> Hi SJA,
> 
> Welcome to the forum.
> 
> ...


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## SJA (Jul 28, 2010)

Thanks for your advice Kaz

I think I am less concerned about my brother as he works off shore for the maority of the year so is not at home, is in the process of a divorce and has 2 step children plus his own child living in a 3 bed house about 4 hours drive from where we live in the UK. All of this can be evidenced. 
So, maybe wrongly, I hadn't thought this would be a big stumbling block.

My bigger concern is the statement made by immi that to be classed as a dependent it would mean that you would not be in receipt of a pension or superannuation and I wondered how the basic cost of living was calculated and if you are supposed to be able to live on £540 per month.

I guess getting more granular with my question - Does anyone know of any previous cases where a dependent parent has been permitted to enter on an off-spring's 457 visa where the parent is in receipt of a Government pension?
and if so what proof and documentation did they provide that was helpful to making this happen?

Many thanks Simone


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## kaz101 (Nov 29, 2007)

Hi Simone, 

I have merged your reply into the original question rather than have you start another thread on the same topic. 

I agree with amaslam that I think you probably need to discuss this with an agent to get specific help. 

Regards,
Karen


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## SJA (Jul 28, 2010)

Thank you Kaz
I am new to using forums so apologies if I got it wrong.
I am already speaking to an immigration expert, however I have to wait 6 to 8 weeks for an answer so was hoping to find someone with similar experience to my own.
But not to worry
SJA
QUOTE=kaz101;342318]Hi Simone, 

I have merged your reply into the original question rather than have you start another thread on the same topic. 

I agree with amaslam that I think you probably need to discuss this with an agent to get specific help. 

Regards,
Karen[/QUOTE]


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## amaslam (Sep 25, 2008)

I suppose for this question you'd need to provide numerical evidence that you're supporting your father to a much large amount that 540 pounds per month (I don't have pound symbol on my KB  ) . Also show what the typical costs are in the area you live in now if he had to be an independent pensioner. Do two sets of figures, one that shows if he lived in aged care housing and one if he lived in a modest studio/1BR apt. in your area.

As I don't have direct experience with this I hope Immi will take into consideration the research. 

However Immi could also be quite hardline here and say the fact he receives a pension is enough to disqualify him from dependent status.




SJA said:


> Thanks for your advice Kaz
> 
> I think I am less concerned about my brother as he works off shore for the maority of the year so is not at home, is in the process of a divorce and has 2 step children plus his own child living in a 3 bed house about 4 hours drive from where we live in the UK. All of this can be evidenced.
> So, maybe wrongly, I hadn't thought this would be a big stumbling block.
> ...


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## kaz101 (Nov 29, 2007)

SJA said:


> I am already speaking to an immigration expert, however I have to wait 6 to 8 weeks for an answer so was hoping to find someone with similar experience to my own.


Why would a reply take that long? When we used an agent we had replies within days not weeks!


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## SJA (Jul 28, 2010)

That's what Fragomen's have quoted in terms of getting an answer: 6 to 8 weeks - so you only had to wait a few days? My application was submitted today and I really hope that the "few days" comes good for me!
The application was submitted with about 400 pages of back up evidence about my support of dad - so maybe the case officer will be blinded by too much info - I can always hope!
Will let you know once I hear.




kaz101 said:


> Why would a reply take that long? When we used an agent we had replies within days not weeks!


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## kaz101 (Nov 29, 2007)

Ah I think we are talking about different things. 

I'm talking about getting an answer from a migration agent and I think you are talking about getting an answer from the immigration department in Australia. That's why there is such a big time difference. 

Regards, 
Karen


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## SJA (Jul 28, 2010)

Got you!

No wonder you were surprised!

Well Fragomen's - who are the agent and immigration legal services rolled into one - just can't give me a guaranteed answer, presumably because it is not straightforward. They believe I have a "strong case with excellent evidence" but can't give me an answer until the IMMI dept assign a case officer and he takes a look at the application etc etc.

Application submitted yesterday, so lets hope its relatively quick, but it was the reason for looking for someone who had a similar experience to myself. (I'm not very patient! Plus my company have been pushing me to get over there - which all just equals high stress)

I have decided i have done all i can - so back to house sorting!



kaz101 said:


> Ah I think we are talking about different things.
> 
> I'm talking about getting an answer from a migration agent and I think you are talking about getting an answer from the immigration department in Australia. That's why there is such a big time difference.
> 
> ...


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## SJA (Jul 28, 2010)

Hi

Just to let you know and thank you for your advice - the 457 visa for my father and I was approved yesterday (Tuesday). 
That seems pretty quick considering it was only lodged 12 days ago, but I'm not complaining!

So, flights are all booked for the 11th September - only 5 weeks and soooo much to do! Just been looking at Dolly's very helpful "To Do" list! 

Thanks again everyone

SJA



kaz101 said:


> Ah I think we are talking about different things.
> 
> I'm talking about getting an answer from a migration agent and I think you are talking about getting an answer from the immigration department in Australia. That's why there is such a big time difference.
> 
> ...


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## SAKAB (May 16, 2011)

Hi SJA

I have the same case for the 457 visa but my father is not single. Here are the things for my case

-> Father has vision in one eye (65)
-> Mother(58)
-> No pension and no income
-> My employer knows that they are dependent on me
-> Not working for the past 10 years
-> My sister is also in Australia
-> No one to take care for them
-> They live with me for the past 5 years

Is it possible for me to get an exception as i satisfy all other clauses in the Other dependent relative section expect for that they are married 

Do you think i still have a chance when i apply? Please help


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