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Last remaining relative visa


dannyboy66

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Myself & my Family have lived in Australia for six years. My sister in law & her two sons were going to come to Australia on a "Last remaining relative" Visa. She paid the Visa Agent £2000 & was told it would take her six months to get a Visa. The day after she paid the money, she had a phone call to say the Visa had changed & it would now take anything from 6 - 10 years. That was all last year & now the Visa company have telephoned my sister in law again, to say that because the Boys are now out of Education, the Visa is now non valid & they are stopping the process. I think she has been totally conned & the company new all along what was going on. Has anyone got any advice on what to do next.

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I'm sorry to hear about what's happened to your sister and your nephews. I've never had to do it, but if it's a MARA registered agent then you can complain to directly to MARA. I would have thought the changes will have been published in advance of being implemented and if they were aware of these changes when they acted for her then she might have some course of action.

 

https://www.mara.gov.au/using-an-agent/resolving-disputes-with-your-agent/make-a-complaint-about-an-agent/

 

Good luck,

 

Debs

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I would agree with Debs - check out to see if they are registered then you can make a complaint.

 

I'm assuming you and your partner are your sister in laws only close relatives (that she has no parents or other siblings) - because if she has then you may also complain that they advised you on the wrong visa

 

If you have any near relatives (other than those who are usually resident in Australia and are an Australian

citizen, Australian permanent resident or an eligible New Zealand citizen) you are not eligible for a

remaining relative visa

 

This visa is limited and has whilst I've been on the forums been subject to capping and queing

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Thanks for your replies.

 

My sister-in-law only other close relative was her mum, but she had also moved to Australia, so the visa advise was correct. We feel the agent got her & the boys hopes up and of course ours.

 

The agent did my mother-in-laws visa with no hassle that's why my sil choose them to do hers. Unfortunately due to her having no certificates but years of experience in her employment, and not being on the wanted skills list, she is unable to go for any other visa!!!

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I don't know that they've given your s.i.l. wrong information. It seems from the little you've written that your nephews are no longer classed as dependent which is the problem, if they continue in full time education this is the easiest way to prove dependency. If they're working are receiving benefits it's hard to prove that dependency as they have an identified income of their own.

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It is difficult to know the exact timeline from your post.

 

But there was significant caps on the LRR introduced 18 Jan 2011, that changed the planning levels by 70% of these visas. http://www.visalawyers.com.au/content_common/newsitem.aspx?id=c8ff077e-fa5d-4b32-a468-9424df5c1bd0

 

TBH I dont think she has been conned - when she applied for the visa she was eligible, now her boys are no longer in education, they are no longer dependents therefore she is no longer a last remaining relative.

 

DIBP have moved the goal posts for many people.

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The part we are saying my SIL was conned was all along the agents keep stating the visa would take 6-9months, even though we had done the research and on websites it stated up to 10years. My SIL rang the agents several times regarding this but they kept stating that the visa would be done within the timeframe they had stated.

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Would she still have applied? Perhaps they should have advised that it was best for your nephews to remain in education to prove dependency.

 

If she has it in writing that they've said the Visa would be granted in 6-9 months (and DIAIC information says otherwise), you may be able to complain about mis information, is the agent MARA registered?

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The agent my S.I.L dealt with was the same agent that dealt with my Mother in Laws application. My Mother in Law now lives in Australia. The agent told us that because my Sister in Law was the last remaining relative he could get her into Australia within 6-9 months. As I said in my first post, it was the very next day after she had paid the agent that he telephoned her & said it was now 10 years she would have to wait. At the time of application, both of her sons were in full time education.

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The agent my S.I.L dealt with was the same agent that dealt with my Mother in Laws application. My Mother in Law now lives in Australia. The agent told us that because my Sister in Law was the last remaining relative he could get her into Australia within 6-9 months. As I said in my first post, it was the very next day after she had paid the agent that he telephoned her & said it was now 10 years she would have to wait. At the time of application, both of her sons were in full time education.

When did you sil apply for the visa?? Must be a few years ago now if both her sons are no longer in full time education.

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The agent my S.I.L dealt with was the same agent that dealt with my Mother in Laws application. My Mother in Law now lives in Australia. The agent told us that because my Sister in Law was the last remaining relative he could get her into Australia within 6-9 months. As I said in my first post, it was the very next day after she had paid the agent that he telephoned her & said it was now 10 years she would have to wait. At the time of application, both of her sons were in full time education.

 

Yes I understand that - we can't say if your S.I.L. was conned but are trying to establish if she has grounds for complaint and to try to recoup some money.

 

The biggest question is if the agent was MARA registered because you could complain to them. The 2nd is does she have proof that she was told it would take 6-9 months (the main complaint it seems from your posts).

Are your nephews now working? as there may be some way to prove they are still dependent - what is their circumstances? Have they got partners, living away from home etc.,

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