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Mother In Law As Other Family Member

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#1 Shanks



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Posted 20 January 2016 - 08:49 PM



Need advise urgently.


The question is - Can mother in law be included in Son in Law's application as family member. 


The mother in law in question is 62 years old, a widow and has two daughters. Her elder daughter has already got the PR visa and is staying in Australia with her family and now her younger daughter and her husband are applying for PR Visa under subclass 189 or 190. In the application, the son in law would be the primary applicant as he has 19 years of uninterrupted work experience in IT industry as compared to his wife who has 4.9 years of work experience in IT industry in last 10 years. She has been at home / unemployed for last 5 years.


Mother in Law at present is living with her younger daughter and son in law for last couple of years and is dependent on them financially for food, shelter and clothing. 


As per subclass 189 / 190 condition, a other family member is " Parent, brother, sister, grandparent, grandchild, aunt, uncle, niece, nephew or step equivalent". If interpreted this means mostly members who have blood relations with the applicant. 


Other subclass for which she would be eligible as understood would be 103 / 143 / 173 / 114 but all of them have a capping, long wait time and are very costly.


We have tried getting this clarified from couple of MARA agents / DIBP helpline and everyone has different opinion and no one is sure about this. Would request if any knowledgable person can help in resolving this query.




#2 AussieDude



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Posted 23 January 2016 - 12:16 AM

Yes, theoretically,  you can include her, but, it will probably prejudice your application.


My 5 second advice is to obtain your PR, declare her as a NON MIGRATING dependant. Once granted, start the process for her immigration, as a dependant.


What country is you Mother in Law from?  Important...


Due to her age, inability to work etc etc, DIBP will need to assess the potential cost of medicare and welfare support for her.  All solvable issues, but takes time.


My advice...   Get PR's for both of you first, then start the process for Mum.

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