# Adding a dependent mother in my 475 visa grant



## janchloe (Nov 1, 2012)

i am a holder of 475 visa , granted on May '12. I would like to add my mother, 61 yrs old, as dependent to my visa grant. can someone explain the process please. 


Adding Family Members to your Subclass 475 Visa

If you currently hold a Skilled – Regional Sponsored (Provisional) visa (subclass 475), you may add the following secondary applicants after your visa has been granted:

your partner
a dependent child of you or your partner
a dependent relative of you or your partner.

They must apply using the paper Form 1276. 
There is currently no online facility for adding family members after a visa has been granted.
You will need to provide evidence of your relationship to your family members.
See:
Including Secondary Applicants in your Application
General Skilled Migration Definitions
Your family members must also meet the following requirements.

Health
Character
Australian Values Statement
English Language

Costs

Family members who are added after a visa has been granted (also known as subsequent entrants), must pay the full first instalment Visa Application Charge (VAC) of their application. 
Second Instalment

Subsequent entrants may be liable to pay a second instalment VAC if they were aged 18 years or over at the time of application and do not have at least functional English. 
If the case officer notifies you that the second instalment VAC is due, it must be paid before the visa can be granted.
Where and how an application must be lodged

Subsequent entrants must lodge their subclass 475 visa application by posting or couriering the application to the Adelaide Skilled Processing Centre.
See: General Skilled Migration Processing Centres
Location

Your family members may be in or outside Australia at the time they apply to be added to your subclass 475 visa and in or outside Australia when their visa is granted.


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## Guest (Nov 1, 2012)

Did you claim your mother as dpendent at the time of your application? If not it is going to be difficult to claim she is now dependent only a short while later. 

Does your mother live with you? Is she married? Does she work or have a pension? Do you have any sibilings?


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## janchloe (Nov 1, 2012)

i cant remember if there is a section where i can put a non- migrating dependent ( parent )during my application lodge. but i indicated her in my parent details.
she is a widowed.i have 2 older siblings. one is married and the other one is disabled.
during my application, she still dont have a passport so i was not able to include her, since it will take time. also, my agent advised me not to include her as a migrating dependent during that time. 
i am working here in abu dhabi for the past 6 years, while she lives in my house in the philippines. i am the one supporting them financially eversince ( mother, my child, disabled brother ). i have monthly remittances which can be a proof .
she dont have any pension.
i really wanted to bring her with me together with my daughter ( have visa grant ). 
do you think i can raise this type of inquiry to my case officer?


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## Guest (Nov 1, 2012)

Sounds far too complicated for a forum. You need a better and register migration agent! 

If you are not even living in the same house she is not fully dependent. Yes she may be financially dependent on you but dependence for migration is more than who pays the bills. 
She can not rely on you for her every need if you do not even live in the same country! 

What about your disabled brother?


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## janchloe (Nov 1, 2012)

Yes he is also dependent to me financially. We have some help from 2 maids we are paying. 
Do you think i can raise this question to my case officer?


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## Guest (Nov 1, 2012)

No, I was wondering if you needed to add him because people with disabilities can have problems getting visas dependent on what it is and how much care they will need. 

They will question why you did not put them both down as non migrating dependents in the first place. In that in a short space of time they have gone from being just family members to dependents!


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## janchloe (Nov 1, 2012)

the portion for non-migrating dependents is only for children it doesnt include the relative. but i have put the information for parents and brother which is next to that section.

do you think i can email my case officer , is it posible that they will entertain this type of inquiry.


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## Guest (Nov 1, 2012)

If you now have your visa you no longer have a case officer. They will be working on other cases and would probably not even remember who you are.

I think you will find the section for non migrating dependents tells you to list all dependents. Nowhere does it say to only list children. It will now appear you have delibertly hid your dependents to get them visas via the back door. But with temp visas as you have that method does not work I'm afraid.


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## janchloe (Nov 1, 2012)

hi shel.. sorry i was looking on my old 1276 form.
does the section for non migrating dependent goes in the same Other family members wherein you need to list all your family members.

my agent used the online application. and i actually didnt see if those section comes together. 

now when i am asking them on how can i add her as dependent, they told me they dont have knowledge how to apply for that. and told me to contact my case officer by sending email and refer to my visa grant number.


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## Guest (Nov 1, 2012)

You don't have a case officer and I would fire your agent, they don't appear to know much about something they claim is their profession!


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## janchloe (Nov 1, 2012)

actually probably they thought that their service to me is done since my visa is granted and also i have paid them already fully. but during the time when i am applying for this visa, i havve discussed to them that i wanted to included my mother in my application. they knew that my mother is dependent to me. but they we're explaining to me that it can affect my application not to be approved if in the event that my mother will have some health conditions ., and they we're explaining about the balance of family test. they explained that i still have other siblings living in the philippines.. so probably i will not passed on the balance of family test.
i hope i am not causing you any headache by now.


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## Guest (Nov 1, 2012)

If they believed your mothers health would mean you would not get a visa why would you think that has changed?

If her health is that bad she is still unlikely to be granted a visa. It is irrelevant that you now hold a visa as they have no obligation to you as a provisional visa holder. If anything DIAC are likely to be very unhappy that you did not disclose you had dependents in the begining. She and your brother will still need to undergo medicals as your dependent, migrating and her non migrating dependent. Dependent on he conditions it could prove difficult if you do not have the best representation.


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## janchloe (Nov 1, 2012)

my mother doesnt have any serious ailment. her mobility was just affected due to hip joint replacement she undergone last year. she can walk but still using a cane. other than that no ailement that can jeoperdize her medical . the only thing is that, i did know that in the online application, there was a section where i can put a non-migrating dependent. i just filled in to the Form 1276, which is different to the online application. when my agent sent me the online application print preview, to double check the entries, the section for non migrating dependent is just a online line title and there is no drop down table /section to put the information if you want to put in something so it did not catch my attention. the next line was other family member where there is a table to put in the information. actually only now that i learned that there was a section in there where you can put the non-migrating dependent. during the time that they wanted to filled up the online application, i wanted to be there in their office so i can see it, but they dont me, the form 1276 ( pdf ) file i gave is enough.. no need for me to go to their office. 
anyway, nothing i can do , it already happened. but it really saddened me now for knowing that. 
shel and to everyone thanks a lot for your comments and advices, it really helps a lot. i guess, i will just wait after 1 year, when i established my work there, i will definitely consult a true migration agent there in australia. to better help me . i really wanted to bring my mother, she is one of the reason why i decided to migrate, so we can stay in a country where i can work at the same time and to be with them.


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## Glenhope (Mar 4, 2009)

Did your migration agent tell you about this?

Skilled – Regional Sponsored (Provisional) Visa (Subclass 475)

This visa is closed to all new applications from 1 July 2012.

As a holder of this provisional visa, you and any dependants who were not included in your original application may be eligible to apply online for a subclass 489 visa on SkillSelect.
See: SkillSelect

You need to follow the links. 489 states amongst other things
" Certain family members can be included in the application, including members not included in previous subclass 495, 496, 475 and 487 applications."

So in principle you can add family members who were not included in your original application.
Grant of 489 visa gets you an extra year on top of the 3 yrs under 475.

Whether you can apply now for additional dependants to be added or wait until you have arrived in Oz is not clear


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## janchloe (Nov 1, 2012)

i cant understand it , does it mean that i will lodge again my application for 489 upgrading my 475 visa and then i will include my mother in the dependent.


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## Glenhope (Mar 4, 2009)

janchloe said:


> i cant understand it , does it mean that i will lodge again my application for 489 upgrading my 475 visa and then i will include my mother in the dependent.


It says you should comply with the conditions of your 475 visa first and then apply using 489, when you can include your mother.

It also says you have to apply for an invitation to apply for 489.

I suppose you could apply for 489 immediately and discard your 475 but you could be waiting a long time outside Oz. Your best bet is to get settled in Oz and then apply.


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## Guest (Nov 7, 2012)

and what do you propose he does with his dependent mother whilst in Australia?


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## Glenhope (Mar 4, 2009)

_shel said:


> and what do you propose he does with his dependent mother whilst in Australia?


She can stay where she is. There will be no change from the current situation, except he will be in Oz instead of UAE. You read the rules and see if you have a different interpretation.


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## Guest (Nov 7, 2012)

The point is he wants his elderly mother with him not in another country! 

You have interpreted the rules just fine. And perfect if he had now gotten married or his sister had become widowed etc. The problem here lies in his filing an application for the original visa claiming to have no dependents and then saying well actually I lied! I have had my mother and brother dependent on me the whole time! DIAC don't take light lies on visa applications.


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## janchloe (Nov 1, 2012)

But shel during the old forms before changing to july 12, there is no section to put a non migrating dependent which relates to other family member other than children.


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## Guest (Nov 10, 2012)

I think you are mistaken, how else did many thousands add dependent family at the time of application if there was no room for dependent family who are not children? Which DIAC have always allowed and still do so long as they meet the criteria of dependency.


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## Glenhope (Mar 4, 2009)

_shel said:


> The problem here lies in his filing an application for the original visa claiming to have no dependents and then saying well actually I lied! I have had my mother and brother dependent on me the whole time! DIAC don't take light lies on visa applications.


As he says there is no section for this so he made no such claim. Dependencies can change over time, so anyone not a dependant now can be a dependant in the future and DIAC recognise this.

Besides, as I interpret the rules, he needs to first go to Australia, get a job in regional area and then apply for invitation to apply for 489 extension, new 489 or permanent residence. The main thing is to meet the conditions of the 475 visa, which shows good faith, before going for 489 extension. 

In any case, I would consult a MARA registered agent in Australia before applying for a new visa.


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## Guest (Nov 10, 2012)

Your interpretation is wrong about this situation. There is and always has been space to declare dependents which you should do when making applications. DIAC are well aware people leave dependents off the application for fear they will fail the health criteria. Those people then apply to add them or apply for other family visas as they have health waivers.


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## Glenhope (Mar 4, 2009)

The path to Australian residence is not easy and is a big investment in terms of time, money and stress. It took me 7 years and at one point I was almost a PNC, but my migration agent negotiated a deal which cleared the deck.

DIAC's info indicates they regard Phillippines as a high area for health, so it's important to tread carefully. Even assuming that you are right and I am wrong, I don't believe that the situation is hopeless. A properly accredited agent can sort this out once he's met the 475 visa conditions. However, people need to recognise the need to be persistent and use accredited resources.


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## janchloe (Nov 1, 2012)

In the old 1276 form there was not. You can add a dependent family member section there if you want them to include in that application at that time of lodging..


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## janchloe (Nov 1, 2012)

I have consulted an agent but still waiting for reply. Maybe yeah your correct i will just research about it once i landed there..


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## Guest (Nov 10, 2012)

The situation is almost never hopeless there are ways and means of sorting things out but as you dsay Glen that should be tackled by a registered agent who knows the small details of Law and policy. To tackle it yourself can lead to mistakes as can using people claiming to be agents who are willing to take your cash then cause a mess as they have here.


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## Guest (Nov 10, 2012)

Information IS and always has been asked for of all dependants at the time of application whether they are migrating or not. 


http://www.immi.gov.au/skilled/general-skilled-migration/pdf/475_checklist.pdf

_Completed form 80 for *each person aged 16 years and over*.
See: Character and Penal Clearance Requirements

Completed form 47A and *evidence of dependency for any applicant aged 18 years* and
over (form not required for a partner).

See: Form 47A Details of child or *other dependent family member aged 18 years or over*_

http://www.immi.gov.au/allforms/pdf/1276.pdf

_Other dependants
You may include other relatives in your application if they are
wholly or substantially reliant on you for financial support for
their basic needs of food, shelter and clothing and they have
been reliant on you for that support for a substantial period.
They must also be more reliant on you for support than on any
other person or source. A relative may also be considered
dependent on you if they are reliant on you for financial support
because they have a mental or physical disability which stops
them from earning a living to support themselves. Other
relatives dependent on you or your partner may include, for
example, an aged, unmarried relative.

A form 47A Details of child or other dependent family
member aged 18 years or over* must be completed for
each dependant aged 18 years or over, whether
migrating or not.* 
_


And DIAC statement on visa fraud..Document Fraud - Migration Fraud

_It is a serious offence to misrepresent yourself, or one of your family members when making an application for an Australian visa. *This includes making false or misleading statements, *or submitting false information or false documents with your application.

*Even if someone else completes your application for you, you are responsible for it.*

On 2 April 2011, the department introduced a Public Interest Criterion (PIC) which allows certain visa applications to be refused where false or misleading information is provided to the department._

To have applied having said you had no dependants and to now claim you have in fact a mother and disabled bother who have been dependent the whole time is a prime example of giving incorrect and misleading answers.


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