VIC Seeking advice about VISA 837

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Monikang

Member
24 March 2018
2
0
1
Victoria
Dear Everyone,



I really need advice and help for my case, any advice or recommendation would be so helpful



I should tell you guys a bit of my story so it would help to understand why I am applying and seeking advices about this visa. I have 2 nephews whose I have brought/sponsored them from Malaysia to study abroad here in Australia , I love them as their are orphans and they are also my brother's kids, they grew up living with their grandparents , their mom just gave birth to them and left them for my grandparents to raise because she couldn't live with my brother who is an alcoholic . Both of the parents never support their kids financially or take care of them even a single day since their was born. As they grew up and my parents getting older ( they are in their 70 and 80 now) , they can't longer working to earn a stable income to raise them and being able to take of them financially - I had to send money back to Malaysia for my parents to take care of them.



Ultimately ,I decided to bring them to Australia to study as well as I can take care of them easily , I brought the older one to Australia first ,and about 10 months later I brought the second one to Australia , the first one was 15 when he came , he's now nearly 20 , he has completed high school and now doing a diploma , the second one also came here when he was 15 , he's doing year 12 this year . As you might know that the tuition fees for international students in Australia is really expensive , but I've been paying their tuition fees and everything for them ever since they come to Australia (nearly 3 years now), both of them have been living here for 3 years now.



I have used all the money that I have saved just to pay the tuitions for them , I also have 2 kids of my own and why I am taking care of them and working really hard to earn to pay for them , because Honestly I love them as my own kids ! , they are really nice kids. I feel extremely guilty of not taking care of them or giving up on them one day ! . Every single cent that I earn I save is used to taking care of them and my kids



In January this year , an unfortunate thing happened to them , their dad passed away because of cancer, their mom has been missing for years now and my parents have tried to find her, we posted on the newspaper so many time but still unknown where she is. Then I was thinking about how I can keep them to live with me here and give the good future as best as I could . And a friend suggest to apply for Visa 837 - Orphan Relative visa , I have read about this visa , the requirements for the kids is they have to be under 18 , but one is 18 and one is 20 at the moment , so my concern is 'is it possible to apply for this with visa with their ages ?' , please suggest what should I do in this case , should I find a lawyer or what can I do ?



I have thought about Adoption visa but my husband doesn't want that because the assets that we leave for our kids in the trust have to divide for them too so only visa 837 is the right one in this case I believe.



I am financially stable and strong so to take care of them for 2 years as the requirement for that visa is fine for me.





I really appreciate your time here ! I hope to hear from everyone soon , thank you so much.
 

Nonfiction

Well-Known Member
17 May 2018
111
13
414
Victoria
Though there were a few inconsistencies with the information you gave above, this is my understanding.

An eligibilty requirement for a orphan relative subclass 837 visa is that the children must be under the age of 18. Your nephews are 18 and 20 years respectively, so would not meet this eligibility criteria.

If your situation falls under the definition of adoption (according to the Migration Act 1958...definition found in regulation 1.04) you may be able to apply for a subclass 802 visa. Further information about subclass 802 and 837 can be found here.

You should contact a migration agent/lawyer specialising in migration and visas for better advice.