# Dependant Visa for Mother and Wife Subclass 189



## maddy.shenoy (Jan 5, 2013)

Hello Expats,

I had applied for a Skilled Migrant Visa Subclass 189 with my mother as a dependent. But due to a small difference in our addresses (in our passports) my mother's visa was rejected and mine was approved. This happened in December, after that I got married in February. Now I need to travel to Australia before the 29th of September 2014 as per the visa guidelines. So before that I wanted to apply visas for my wife and my dependent mother. I'm currently in process of modifying my mother's address in her passport. Can someone please guide me in the right direction.

Thank You.


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## _shel (Mar 2, 2014)

You cant apply for a visa for your mother. You arenot eligible to sponsor her until you have lived in Australia for 2 years. Then she needs to wait 15 years to be granted a parent visa. 
Changing an address on a passport has no relevance to dependence. Plenty of people dont update address on passport. 

Your wife can not apply for a spouse visa until you are resident in Australia. Then it is between 7 and 12 months to grant.


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## shingle (Oct 30, 2011)

They didn't reject your mother's visa because you had different addresses- they rejected it because she presumably was not actually considered dependent on you. After all, you are still going without her.
Just to add though- you can apply in time as Shel said for a Parent visa for her, but you need to be settled in Aus for around 2 years before you can do this. The 103 is only taking around 7 years to process now Shel- & the 143 around 18 months ( & huge $$$$$).


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## maddy.shenoy (Jan 5, 2013)

This is bad ...And yes my mother is dependent on me. I'm going just to ensure my visa does not expire. When I had filled the form I do remember somewhere I had selected an option that I would be adding my spouse to this visa in the future. Is there no workaround to this problem at all? Or do I just let my visa expire in September and reapply for a new visa, this time with my wife and mother as dependents (and yes I know it sounds crazy)


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## _shel (Mar 2, 2014)

The future means once you are settled in Australia. Why did you not add your wife to your visa? Non citizens always need to be 'usually resident' in order to sponsor a spouse. Did you even declare your wife as non migrating dependent in your application? 

I assume you were asked if you wanted to remove your mother from the application? In doing so you have shown you agree with the CO assessment that she is not dependent. If she was genuinely dependent why did you not argue your case and provide more evidence of such? 

DIBP is actually saying 13 years for non contributory parent visas, better than 15 but still not a short wait for an elderly parent. 

Parent Visa Queue
_Based on current planning levels, if you are applying for a Parent (non-contributory) visa you can expect an approximate 13 year wait before visa grant consideration after being allocated a queue date._

Applying again is an option but if they did not believe your mother was dependent before why would they now?


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## lovetosmack (Apr 22, 2013)

@_shel: I can't believe that the OP thinks its due to different addresses in the passport. If that is the case, I have a different address, my wife a different one (Our current address) and my mother a different address in their passport. Do you think it would create a problem for me & my mother or is the OP just assuming things?

@maddy.shenoy: How did you conclude it was due to different addresses on your passports? Did you use an agent when filing your 189?


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## maddy.shenoy (Jan 5, 2013)

Well I did argue with my CO, but there was a problem with our addresses and she wouldn't agree. I was just going through the immi web site and saw that in the spouse visa I can add dependents. Is it possible to get my mom visa through that? Thing is I bought a house and got married in a span of months so I've just managed to get all my documents in order.


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## _shel (Mar 2, 2014)

That is what he is hoping DIBP would never have told him the exact reasons. Just that they did not believe her to be dependent. 

Many peopke would not remember to update the address in passports etc until it was absolutely necessary. Often when it expired and were getting a new one. 

If all other evidence of dependency was there the difference in addresses in the passports wouldnt have made the slightest difference and mum would have got her visa.


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## _shel (Mar 2, 2014)

maddy.shenoy said:


> Well I did argue with my CO, but there was a problem with our addresses and she wouldn't agree. I was just going through the immi web site and saw that in the spouse visa I can add dependents. Is it possible to get my mom visa through that? Thing is I bought a house and got married in a span of months so I've just managed to get all my documents in order.


 You didnt answer any of my questions. 

You still face the same issue that they dont believe her to be dependent. Changing her passport doesnt change that. They keep all previous documents and evidence from you so can see why she was rejected before. 

Did you list your wife as non migrating? If not you could be in trouble and wont be getting a visa for her soon.


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## lovetosmack (Apr 22, 2013)

@_shel: A quick off-topic question. In one of your earlier posts today, I see you suggested two ways to get dependent parents to migrate -- one by paying around AUD 40000/ 2year waiting and the other one paying the some normal fees and 15-year wait period.

Why is that you don't suggest the former expensive option to most of the posters here? Just curious to know.


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## maddy.shenoy (Jan 5, 2013)

The CO rejected mom's visa based on 2 conditions

On the 02 September 2013 an email was sent to your authorised address, requesting that you
provide evidence to satisfactorily demonstrate that SHENOY, JAYALAXMI ANANTHA is
your dependant. You were provided with 28 days to provide the requested evidence.
To date, no sufficient evidence has been received to demonstrate that SHENOY,
JAYALAXMI ANANTHA is reliant on you wholly or substantially for financial support
to meet her basic needs for food, clothing and shelter. I therefore find that SHENOY,
JAYALAXMI ANANTHA does not meet the requirements as listed in Regulation 105(A) and
Regulation 1.12(1)(e)(iii). -- This requires a scanned copy of our Ration Card and some details in it were incorrect. In India updating ration cards take 2-3 months. . The ration card is updated now.

In addition, you have also provided form 47A, which demonstrates that the current residential
address of your mother differs from your residential address. Therefore, I am not satisfied that
SHENOY, JAYALAXMI ANANTHA is usually a resident in your household. I therefore,
find that SHENOY, JAYALAXMI ANANTHA does not meet the requirements as listed in
Regulation 1.12(1)(e)(ii).-- 

If you guys still dont believe me I can upload decision record.


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## _shel (Mar 2, 2014)

I have and frequently still do, just most dont usually have that kind of money, I know I dont not even if I sold my home. 

For both parents thats $80,000 plus $10,000 per applicant as an assurance bond and all the other costs of medicals etc.


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## maddy.shenoy (Jan 5, 2013)

I applied in June 2013. I got married in February 2014 and I wasn't living with my girlfriend before I married her. So no I have not mentioned her in the application


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## _shel (Mar 2, 2014)

maddy.shenoy said:


> The CO rejected mom's visa based on 2 conditions
> 
> On the 02 September 2013 an email was sent to your authorised address, requesting that you
> provide evidence to satisfactorily demonstrate that SHENOY, JAYALAXMI ANANTHA is
> ...


 That is exactly what I said. Not only was the address different but they did not believe her to be dependent anyway. It takes much much more than a passport and ration card to prove dependence. 

She also needs to be dependent for a full 12 months before you apply with lots of evidence of it. What other evidence would you have?


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## lovetosmack (Apr 22, 2013)

maddy.shenoy said:


> The CO rejected mom's visa based on 2 conditions
> 
> * To date, no sufficient evidence has been received to demonstrate that SHENOY,
> JAYALAXMI ANANTHA is reliant on you wholly or substantially for financial support
> ...


@Maddy: It is not the right way to mention two different addresses in 47A, when the basic requirement of proving dependency is to show that the dependent's live with you fr the past 12 months. And is it true that you did not submit extra evidence during the 28-day period?


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## maddy.shenoy (Jan 5, 2013)

lovetosmack said:


> @Maddy: It is not the right way to mention two different addresses in 47A, when the basic requirement of proving dependency is to show that the dependent's live with you fr the past 12 months. And is it true that you did not submit extra evidence during the 28-day period?


See thats the problem..My address in my Passport is
368/3 "Sushanth"........

Her address is
368 "Sushanth"........

Actually both are correct since the house is on 2 plots 368 and 368/3..

And I told her that I am in process of changing the ration card...And seriously being an Indian atleast you should know how government offices work here.

_shel....This is all I have.What else do I need. I'm thinking of applying for Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100) for my wife and add my mom as dependant. But if there is a 12 month clause then I'm doomed. What proof do I need to prove that my mother is dependant on me


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## _shel (Mar 2, 2014)

Your mum does need to be dependent for 12 months. If you can prove dependence for that period you will be fine, what you should have done is appealed your mother's rejection in the beginning. You could have argued the address was the same and provided more evidence of actual dependence. 

You need, at least.....

bills, letters etc preferably from official sources covering 12 months addressed to your mother at your home address. 

Her bank and savings statements showing she has no income. 

Your bank statements and receipts of things you pay for her, such as medical bills, insurance, rent etc. 

All must cover 12 months.


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## maddy.shenoy (Jan 5, 2013)

_shel said:


> Your mum does need to be dependent for 12 months. If you can prove dependence for that period you will be fine, what you should have done is appealed your mother's rejection in the beginning. You could have argued the address was the same and provided more evidence of actual dependence.
> 
> You need, at least.....
> 
> ...


 Ok, so about Partner (Provisional) visa (subclass 309) and Partner (Migrant) visa (subclass 100)

Can i add my mom as a dependent?


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## _shel (Mar 2, 2014)

I have never heard of anyone adding a parent before but you can. 

I suggest you book a flight and validate your own visa first and then get sourcing documents to prove dependence for your mother. 

Once you have done that you can apply for your wifes visa and get also apply for a tourist visa after if you wish to take them to Australia.


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## Vaani (Nov 27, 2013)

Hello Everyone

Can some one please throw some light on whether Subclass 189 visa holder marry someone after he got Australian visa (where he declared no dependents) but before he visits Australia for the first time.

This is actually case of my spouse. He got Australian PR (subclass 189) in Oct'13. He plans to migrate to Australia in July'14. Before he migrates to Australia, we plan to marry (next month, hopefully). I understand that I cannot apply visa until he has been to Australia, but I am hoping we can marry at least.

It would be really helpful if you can provide me with some official documents confirming this, otherwise just an insight would too be very helpful.

Thanks in advance.

Regards
Vaani


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## lovetosmack (Apr 22, 2013)

Vaani said:


> Hello Everyone
> 
> Can some one please throw some light on whether Subclass 189 visa holder marry someone after he got Australian visa (where he declared no dependents) but before he visits Australia for the first time.
> 
> ...


@Vaani: Please do NOT hijack a thread. Start a new thread or post your query in a similar situation thread to avoid confusion.


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