# Mother as a dependent for subclass 190 or 189



## little.banter (Nov 19, 2012)

Hi Every one.

I would like to know a detail of adding mother in my application.

A little detail is below.

My mother is dependent on me, she is not doing any kind of job. And my father has passed away when I was 3 years old. I and my mother lived with my grandfather and he has also passed away in 2007.

I am doing job since 2006. As in our culture we do not support our parents with cheques or through banks, I always gave her money and of course we live together. I do not know here what type of information I can provide as a proof.

1) Will some sort of statutory declaration would be enough that will be explaining that my mother is financial dependent on me. That is the only thing come in my mind. Or any thing as a affidavit ?

2) She can not do IELTS would it be fine for her to be dependent without IETLS, I can pay visa fee of her? or IETLS is must

3) When those documents are required to show. I mean on what step ?

I am planning for EOI in coming days. I need help as I have to put number of dependent in EOI.

- Thanks in advance


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## Babbal (May 5, 2013)

I also have a similar case. Do you have any updates?


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## LionheartBD (Jan 31, 2013)

little.banter said:


> Hi Every one.
> 
> I would like to know a detail of adding mother in my application.
> 
> ...


Dear Banter,

From my experience, what I did was.

I supplied following documents before the Case Officer assigned:


1. Marriage Certificate of Parents. 
2. Death Certificate of Father.

along with basic documents such as Passport, Birth Certificate etc.

After the Case Officer assigned, She asked to fill out Form 1281 & 47a. I attached those ones too. However, if CO ask (in some cases) to prove dependancy in terms of Financial aspect and if you dont have joint Bank A/C then a statutory declaration should work in that case. Hope, you wont find it that much hard. Wish you all the best. I wish and pray that adding your mom in your application will make it a LUCKY file instead.


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## Expat2013 (May 15, 2013)

LionheartBD said:


> Dear Banter,
> 
> From my experience, what I did was.
> 
> ...


Hi LionHeartBD,

I have same case as yours. Please give me inputs on following.

1. Does Death Certificate need to be translated in case it is in local language?
2. How much fee/charges needed to be paid for adding Mother with no functional english skills?
3. When the fee for dependent needs to be paid? After the payment of $3000 or alongwith it ?
4. What is the health requirement for dependent parent?
5. Is Marriage certificate required? The name of Husband is mentioned in my mother's passport.


Thanks !!


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## Guest (May 15, 2013)

Expat2013 said:


> Hi LionHeartBD,
> 
> I have same case as yours. Please give me inputs on following.
> 
> ...


 All documents need to be translated into English.

You pay the second VAC for your mother if she can not pass IELTS of $4250

Case Officer will ask for that payment before grant. 

Health requirement is the same as the one you take. Any heath condition will be scrutinised and possibly delay or cause the visa to be rejected for everyone. There are no allowances for old age conditions. 

Her marriage certificate id required, again translated.


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## Expat2013 (May 15, 2013)

Thanks Shel.

One more question, in case visa application is rejected due to health reasons, is there any refund from $3000 main applicant fee ??


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## Expat2013 (May 15, 2013)

What are the ways to pay visa fees once you lodge the 189 application ?

Is it only by credit card ?? or some other options are also there ??

For paying $4250 second installment for dependent mother, one would need a credit card with very high limit. It's very hard to get a card with such a limit in India.

So interested in knowing by what all means fee payments can be made.

Thanks !!


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## Guest (May 16, 2013)

No there are no refunds if she fails to meet the criteria. 

You can pay second fee by debit card or demand draft or get someone else with the limit to pay.


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## little.banter (Nov 19, 2012)

_shel said:


> No there are no refunds if she fails to meet the criteria.
> 
> You can pay second fee by debit card or demand draft or get someone else with the limit to pay.


Shel. When ll be the 2nd intallment demanded by diac. 

Will not it be damanding before visa grant when all the things ll be finalized alnost


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## Guest (May 16, 2013)

Yes CO will request it right near the end after everything else has been approved.


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## little.banter (Nov 19, 2012)

_shel said:


> Yes CO will request it right near the end after everything else has been approved.


So in that case there ll be everything finalized about dependent. I believe all criteria ll be met so no fear about the 2nd installment u wont need to worry abt it


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## ben roberto (Nov 14, 2012)

Hey, 

just wanted to check if anyone was successful in getting a dependent visa for mother under 189 in the following situation:

- stayed with the applicant for less than 12 months
- financially dependent for 12 months or more...

Cos I wud like to add my mom but she has been staying with me for less than a year... 
Got the advice like it may be safe once she cross 10 months stay... but kind of curious to know if anyone was successful...

Ben.


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## ben roberto (Nov 14, 2012)

anyone....?


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## LionheartBD (Jan 31, 2013)

I hv applied..bt, mom with me for more than 1 yrs. still under processing..once got the result,then might give some suggestions.. all the best for ur application...Ben.


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## ben roberto (Nov 14, 2012)

LionheartBD said:


> I hv applied..bt, mom with me for more than 1 yrs. still under processing..once got the result,then might give some suggestions.. all the best for ur application...Ben.


thnks Lionheart.. nd all the best to you as well...
pls update the thread once you get the result..

interested in knowing if anyone else was successful in adding his mother as dependent, who stayed for less than a year with the applicant, but have met all other criteria..


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## LionheartBD (Jan 31, 2013)

pleasure.. By the way, how do you want to provide evidence that ur mom is financially dependant on you ?


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## ben roberto (Nov 14, 2012)

have the bank statement showing monthly deposits to her account and monthly withdrawals for the last 4-5 years...


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## LionheartBD (Jan 31, 2013)

thanks Ben, thats a very good evidence I beleive..hope all will be fine then....we can give the best effort and pray to Allah so that things may happen successfully and easily. .


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## jbilal23 (Jan 12, 2010)

LionheartBD said:


> Dear Banter,
> 
> From my experience, what I did was.
> 
> ...


Hi, Good to hear that you had the same situation that i am currently facing. I need to ask few questions if you please reply then it will be much appreciated. Like,
- I am unable to find form 1281. Can you provide the source.
- I don't have joint bank account. Can you explain or provide me the format of statutory declaration.
- Lastly, have you succeeded in getting the visa for your mother? 
- What if i just open a joint account and provide it with my documents?

Thanks
Bilal


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## Guest (Jun 23, 2013)

jbilal23 said:


> Hi, Good to hear that you had the same situation that i am currently facing. I need to ask few questions if you please reply then it will be much appreciated. Like,
> - I am unable to find form 1281. Can you provide the source.
> - I don't have joint bank account. Can you explain or provide me the format of statutory declaration.
> - Lastly, have you succeeded in getting the visa for your mother?
> ...


 Creating accounts and connections just before you apply is not going to work. DIAC will not believe she has been your dependent for sometime if all your documents are dated just before application.


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## jbilal23 (Jan 12, 2010)

_shel said:


> Creating accounts and connections just before you apply is not going to work. DIAC will not believe she has been your dependent for sometime if all your documents are dated just before application.


I think you are right Shel so in that case i have to go for statutory declaration.


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## LionheartBD (Jan 31, 2013)

jbilal23 said:


> Hi, Good to hear that you had the same situation that i am currently facing. I need to ask few questions if you please reply then it will be much appreciated. Like,
> - I am unable to find form 1281. Can you provide the source.
> - I don't have joint bank account. Can you explain or provide me the format of statutory declaration.
> - Lastly, have you succeeded in getting the visa for your mother?
> ...


Dear Bilal,

-Joint A/C needed for 1 yr at least to prove she is dependant last one year. 

-I have no format of statutory declaration. But, my knowledge is you need someone ( a family relative or your family doctor or someone who knows you guys very well ) need to declair that your mom is dependant on you from this date to till now due to this and that .....etc. go to an advocate/law firm they know how to do it. its their job  no worries.

-I havent heard anything from C/O yet.

better you submit what you have then you may wait for C/O for further docs. Hope, your application get successful in sha Allah..

http://www.studies-overseas.com/web...declaration-for-migration-visa-applicants.pdf

you can download the form from above location. I think DIAC has changed something on their web. I did not find too..!!

All the best..


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## jbilal23 (Jan 12, 2010)

Thanks for your reply lionheartbd. Can you tell us about what your shared with CO. Joint account info or statutory statement ? 

Anyway best of luck for your application and must post your reply specially when you got a successful decision, insha Allah.


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## Guest (Jun 24, 2013)

Not exacly true. If they do not believe a person is genuinely a dependent they will ask you if you wish to remove them. Most people then would but if you do not the visa for all will then be refused for one person not meeting the criteria.


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## alamin104 (Dec 15, 2012)

_shel said:


> Not exacly true. If they do not believe a person is genuinely a dependent they will ask you if you wish to remove them. Most people then would but if you do not the visa for all will then be refused for one person not meeting the criteria.


Its called "One fails, all fail" which is only applied for character and health issue. Here is the excerpt, 

[P Sch2.189.10] 10 Other criteria
10.1 "One fails, all fail" criteria
.....
The main applicant cannot be granted a visa unless all family unit members satisfy *certain public interest criteria and special return criteria.*


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## Sarank (Oct 1, 2012)

_shel said:


> Yes CO will request it right near the end after everything else has been approved.


Hi All Expats,

I have a quite strange case of mine. No idea why my grant is still not given.I had submitted my Visa application on 7Dec2013 and PCC in month of Jan,Medicals in month of Jan.But my Mom-inlaw application got referred to MOC and got cleared on 9April ,but still my application is in the Queue.Please guide me or let me know what is happening..

Thanks,
Sarank


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## Guest (Jun 24, 2013)

alamin104 said:


> Its called "One fails, all fail" which is only applied for character and health issue. Here is the excerpt,
> 
> [P Sch2.189.10] 10 Other criteria
> 10.1 "One fails, all fail" criteria
> ...


 You do not know what you are talking about. If that was the case one could add the whole extended family, brothers, sisters, aunts, cousins to his visa and so long as they were healthy and no character issues all would get a visa if the main applucant refused to remove them from the application if their dependency was questioned. 

You need to read DIACS policies on not splitting families.


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## alamin104 (Dec 15, 2012)

_shel said:


> You do not know what you are talking about. If that was the case one could add the whole extended family, brothers, sisters, aunts, cousins to his visa and so long as they were healthy and no character issues all would get a visa if the main applucant refused to remove them from the application if their dependency was questioned.
> 
> You need to read DIACS policies on not splitting families.


well, in that case , all those dependents will be refused if they cant prove dependency. However, it wont deter the main applicant from having the visa. The only drawback is the time needed for verification. The visa will take unusually long time to process.


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## Guest (Jun 24, 2013)

alamin104 said:


> well, in that case , all those dependents will be refused if they cant prove dependency. However, it wont deter the main applicant from having the visa. The only drawback is the time needed for verification. The visa will take unusually long time to process.


 Again you are wrong. I have personally witnessed people refused their visa due to them not removing he family member because DIAC refuses to split families. That is even the case if they do not believe they are dependent or you have not been able to prove it because the applicant is insistent they are. 

Unless you are qualified in Australian law and qualified as a migration agent with access to legend i would refrain from quoting what you claim to be the law.


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## alamin104 (Dec 15, 2012)

_shel said:


> Again you are wrong. I have personally witnessed people refused their visa due to them not removing he family member because DIAC refuses to split families. That is even the case if they do not believe they are dependent or you have not been able to prove it because the applicant is insistent they are.
> 
> Unless you are qualified in Australian law and qualified as a migration agent with access to legend i would refrain from quoting what you claim to be the law.


I had a LexisNexiss trial account from which I have downloaded PAM3. And the migration regulation is available online with free access. Check for yourself. 



read 189.215 (3) & 189.216 (2) for subclass 189 "one fails all fail" criteria And
190.215 (3) & 190.216 (2) for subclass 190.

I guess your experience is not related to these subclass categories. The best way to verify is to ask case manager when he/she writes to remove the dependent.


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## Guest (Jun 24, 2013)

Did you deliberately overlook this member_of_the_family_unit

Definition of which must be met

You clearly do not understand the concept of one fail all fail. All applicants must meet the primary criteria. One of which is being part of the family unit if DIAC do not believe you in your attempt to add him to the visa and thought it involved lies, or if on investigation lies were revealed, then you would face credibility and character issues for your own application, hence one fail all fail.


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