[yjt]

Hi guys.

I'm hoping you can help me. A few years my father moved to N.Z. Last year he gained permanent residence. I've recently had the idea that I could go there to study. I'm hoping I could gain permanent residence through the dependent child clause.I'm currently 22, and I seem to fill all of the points. I do have one question though. How would I have to prove that I'm financially substantially dependent on my parents. The problem is this. I've been working for the past 3 years. I live on my own and pay my own way, but when I would start studying I would be of need of financial help. Would it be enough for me to tell them that I'm going to study full time so I won't be able to earn a decent amount of money over the next 3-5 years? This seems to be the only point that could cause me to be denied residence....

[holland]

Hi yjt and welcome,

Having read your message, think it would be acceptable to fill form in on what would be your financial situation. I think when any mature student decides to undertake a full time course, it usually involves a dramatic change in their financial situation, so I am sure this will be taken into consideration. I don't know the ins and outs of this particular 'dependant child clause', but I think it can only go in your favour that you have 3 years work experience, and now have decided to study.

Sorry to ramble on...think you get the idea!!

J x

[holland]

Do you plan to live with your parents? That would prove your dependent.

[yjt]

hi holland

Thanks for your help. my situation is a bit strange. My parents have been divorced for a while now. My mum married a swiss guy so I've been currently living in Switzerland for the past 9 years (I'm originally from Ireland). My dad has moved there with his wife. Yes I'd be planning to stay with them, at the start at least, but unfortunately I don't think this proves anything. It's possible for me to live alone but still be called financially dependent if they pay the rent for example. What I think they look at is how much I earn.
I'm afraid I might have a bit of a catch 22 situation. At the moment I don't fulfill normal standards for international students. Through the languages and stuff I feel that I'm too disadvantaged here in CH to be able to study here which is why I'm hoping study in N.Z. A kiwi at work told me today that as a native universities really let anybody on. The solution seems to then to get the P.R. so I can study. I'm just not sure how willing the authorities would be to let in a 22 year old without a job oder school (at that time)......
It's free to apply for the university so what I think I'll do is to apply for the university as an international student. If I get in I'd then go to the authorities and get P.R. so I can then change my student status before the school starts so I only have to pay N.Z fees.
What I was wondering is if I would have any problems gaining residency if the uni turned me down as an international student and on the flipside if I got into the uni would the authorities possibly have a problem with me coming over, getting a cheap education and possibly then heading straight back to Europe?

[Caroline and Dave]

Hi, this may help you taken from the operations manual at the NZIS web site

Immigration Regulations 1999 reg 20

For the purpose of lodging an application, and despite the definition in section 2 of the Immigration Act 1987, a child is dependent if he or she is:


aged 17 to 24, with no child(ren) of his or her own, and
single*, and
totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not; or

aged 16 or younger, and
single*, and
totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, whether living with them or not.
When determining whether a child of 17 to 24 years of age is totally or substantially reliant on the principal applicant* and/or the principal applicant's* partner* for financial support, visa and immigration officers must consider the whole application, taking into account all relevant factors including:
whether the child is in paid employment, whether this is full time or part time, and its duration;
whether the child has any other independent means of financial support;
whether the child is living with its parents or another family member, and the extent to which other support is provided;
whether the child is studying, and whether this is full time or part time.
Effective 29/09/2003

[yjt]

Thanks for your answer. looking at that it does seem I have pretty good chances of gaining P.R. as long as the uni accepts me. My main worry is that the uni turns me down. I would then try to get P.R. and apply as e native student in which case I should get in. The question I have is this: Even though I'd fill all the criteria to gain P.R. as a dependent child would it still be possible that they'd turn me down because I wouldn't have an occupation at that time, and seeing as I have a decent job here and most of my family is here would it be possible that they would say I'm better off staying where I am?

[wiki]

I think that you'd have more chance of being judged "dependent" if you didn't have a job.

one thing to check though, did your dad list you when he wrote down his family members on his original PR application, because if he didn't then you will have problems joining him in NZ. You didn't have to apply at the same time as him, but you would need to be listed on the family section.

[Aussie Pom]

I am not sure what it is like in NZ as far as getting a place as an International student, but I know here in Oz the universities charge more for International students so as such get more income. You should check that you will be able to change your status with the university as they may have a quota of international places to fill or even fee paying places needed to meet their income.
Just a thought,
Gina

[yjt]

hi thanks for the help.

yeah that's the reason I want to get the pr before i move there. A bachelor course costs for the natives 4-5000 NZ$ a year for an international student it's 16-18000!! So I definetly want PR! Maybe some one on here could tell me how fussy the immigration officers are?
Here are the requirements I copied of their site

you must

* be aged between 17 and 24 years, single, and have no children of your own.

And

* be born or adopted before your parents applied for residence, and have been declared on your parents’ application for residence


And

* be in good health
* be of good character
* be totally or substantially dependent on an adult for financial support (whether or not that adult is your parent, and whether or not you are living with that adult)

And you must supply

* evidence of your relationship to your parents
* evidence of your parent’s residence status


You may be asked for evidence of financial dependence

If you are aged 17 to 24 years you may be asked to provide evidence that you are dependent on an adult for financial support.





So I'm 22, single, I've been delared on my dad's application.I'm healthy and I'm not a criminal. The only thing that it comes down to is if I'm financially dependent on him or not. I've now come to the conclusion that I'll first apply for the uni and then for PR. The thing is I've got the feeling that as an international student I won't be accepted but as a PR I would. So if the worst happens and I don't get accepted by the uni what would my chances by with the immigration officials when I can't prove that I'll be studying? The officer could say that I don't have a study place and for all he knows I could start working there as soon as I got PR. What are the chances of him saying that? or could I swear to them that if I entered N.Z. I'd be looking for a study place and not a work place?

[alan999]

I an only state that for my eldest two children, 21 and 20, never had a job/ partner/ living at home/ in full time University study they were very thorough in satisfying themselves that they were financially dependant. They wanted letters posted to them at my address, I used the entries on my credit card to show I paid phone bills and car insurance bills for them and correspondence to their unis proved their in full time education status. as far as I am aware the dependant status must be continuous prior to immigration, not the circumstance when you arrive.