Bondminh Posted July 16, 2014 Share Posted July 16, 2014 As he is 20 and working and not in full time education, you would not be able to include him anyway, he is no longer dependent on you. You don't even need to list him as a non-migrating dependent as he isn't dependent on you anymore. Hi there, I found this thread about non-migrating, so decided to share my case, hope that I can get some advice: I am the main applicant + my kid (4 years old). My husband is non-migrating dependent, he has kidney failure (significant health condition), he is not financial dependent (But i included him in application as non-migrating dependent, dont know if I did correctly or not). He is still working, same company as me, happy with his work, good opportunity, good income, his father/mother/brothers and my family are still living next to our home. We receive good health insurance from government for his sickness. It took us years to finally decide that we (me and my child) will go ahead with visa 189, while my husband will stay home because things will be much better for him at home. We plan everything well to ensure that both my husband and us will be ok afterwards, so I did lodge my visa, CO assigned and pending only health check for the whole family. My husband just came across this thread this morning, and spent time to read all the posts. But still concern about our case: Can anyone tell me what is the probability for me and my kid to get visa if my husband is found to be in significant health condition? Thanks everybody Can anyone help to clarify? please Quote Link to comment Share on other sites More sharing options...
Guest Posted July 16, 2014 Share Posted July 16, 2014 Hi there. As your case is quite specific I've moved it from the old thread and given it its own. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted July 16, 2014 Share Posted July 16, 2014 It is one fail all fail when it comes to medicals. That is, if your husband cannot pass the medical then none of you get the visa. Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 16, 2014 Author Share Posted July 16, 2014 Thanks snifter. Can anyone share your view/experience please? Honestly we did not think that non-migrating with significant health condition may result refusal of main applicant's visa, (that's why we decided to apply for visa 189 for me and my kid), but then my husband found out that it might be the case. He is really worried now. Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 16, 2014 Author Share Posted July 16, 2014 It is one fail all fail when it comes to medicals. That is, if your husband cannot pass the medical then none of you get the visa. Thanks Pumpkin, even he is non-migrating at all? Can you please share with me the instruction saying so please? Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 16, 2014 Share Posted July 16, 2014 According to Booklet 6, page 30: "Applicants for permanent and provisional visas including the main applicant, spouse and any dependants must be assessed against the health requirement. If your spouse and dependants are not included in the visa application they must still be assessed against the health requirement" http://www.immi.gov.au/allforms/pdf/1119.pdf You may want to speak with a migration agent to see if you have any options around this. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted July 16, 2014 Share Posted July 16, 2014 (edited) Thanks Pumpkin, even he is non-migrating at all? Can you please share with me the instruction saying so please? I am sharing (reasonably) common knowledge. With medicals it is one fail and all fail, whether migrating or not. That is why he had to do a medical. Edited July 16, 2014 by Pumpkin Quote Link to comment Share on other sites More sharing options...
aussiegirlbay Posted July 16, 2014 Share Posted July 16, 2014 'If the applicant does not meet the health requirement and the waiver is unavailable or not exercised, then under the Migration Regulations the application must be refused.' check this link: https://www.immi.gov.au/media/fact-sheets/22health.htm#e Aussie Girl Bay Thanks Pumpkin, even he is non-migrating at all? Can you please share with me the instruction saying so please? Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 17, 2014 Share Posted July 17, 2014 Hi there, I found this thread about non-migrating, so decided to share my case, hope that I can get some advice: I am the main applicant + my kid (4 years old). My husband is non-migrating dependent, he has kidney failure (significant health condition), he is not financial dependent (But i included him in application as non-migrating dependent, dont know if I did correctly or not). He is still working, same company as me, happy with his work, good opportunity, good income, his father/mother/brothers and my family are still living next to our home. We receive good health insurance from government for his sickness. It took us years to finally decide that we (me and my child) will go ahead with visa 189, while my husband will stay home because things will be much better for him at home. We plan everything well to ensure that both my husband and us will be ok afterwards, so I did lodge my visa, CO assigned and pending only health check for the whole family. My husband just came across this thread this morning, and spent time to read all the posts. But still concern about our case: Can anyone tell me what is the probability for me and my kid to get visa if my husband is found to be in significant health condition? Thanks everybody Can anyone help to clarify? please If your husband does not satisfy the public interest (health) criterion all applicants will be refused visas. You might want to consult a registered migration agent about possible strategies. Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 17, 2014 Author Share Posted July 17, 2014 If your husband does not satisfy the public interest (health) criterion all applicants will be refused visas. You might want to consult a registered migration agent about possible strategies. Thanks all for your sharing. I came across other posts and understand process would be like this: - health check - subject to health waiver - MOC to decide health waiver or not by estimating the costs --> then it's all about luck and... praying. I am doing visa 189 on my own, so I probably will get professional advice on this. Does anyone know anybody facing the same situation and got visa granted ? Really look forward to hearing some practical sharing on how to deal with it? I saw cases who still got their visas after several years of kidney transplant (main applicant and migrating spouse). I dont know what about non-migrating dependent. Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 17, 2014 Share Posted July 17, 2014 Hi there, I found this thread about non-migrating, so decided to share my case, hope that I can get some advice: I am the main applicant + my kid (4 years old). My husband is non-migrating dependent, he has kidney failure (significant health condition), he is not financial dependent (But i included him in application as non-migrating dependent, dont know if I did correctly or not). He is still working, same company as me, happy with his work, good opportunity, good income, his father/mother/brothers and my family are still living next to our home. We receive good health insurance from government for his sickness. It took us years to finally decide that we (me and my child) will go ahead with visa 189, while my husband will stay home because things will be much better for him at home. We plan everything well to ensure that both my husband and us will be ok afterwards, so I did lodge my visa, CO assigned and pending only health check for the whole family. My husband just came across this thread this morning, and spent time to read all the posts. But still concern about our case: Can anyone tell me what is the probability for me and my kid to get visa if my husband is found to be in significant health condition? Thanks everybody Can anyone help to clarify? please If he is not financially dependent on you and is not interested in emigrating, why on earth did you include him as a non-migrating dependent? He is a non-migrating family member, NOT a dependent and non-migrating, non-dependent family members don't need medicals. It seems to me that you're over complicating and jeopardising your own visa application (and your child's) completely unnecessarily. Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 17, 2014 Author Share Posted July 17, 2014 If he is not financially dependent on you and is not interested in emigrating, why on earth did you include him as a non-migrating dependent? He is a non-migrating family member, NOT a dependent and non-migrating, non-dependent family members don't need medicals. It seems to me that you're over complicating and jeopardising your own visa application (and your child's) completely unnecessarily. Hi Ozmaniac, that's what exactly I am thinking about. As I thought, dependent meaning they are financially dependent on somebody to live a normal life, right? But then, according to the immi instruction (the question mark next to the field "non-migrating dependent" in visa application form), spouse are considered as "dependent", "Your husband is your dependent just as he is your husband" so I dont get that either, really confusing. If things go like what you say, it would be much easier for us by just filling in the form to remove him. Can you please advise if I understand correctly? Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 17, 2014 Author Share Posted July 17, 2014 By the way, I found this definition " [h=3]MIGRATION REGULATIONS 1994 - REG 1.05A [/h]Dependent (1) Subject to subregulation (2), a person (the first person ) is dependent on another person if: (a) at the time when it is necessary to establish whether the first person is dependent on the other person: (i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person's basic needs for food, clothing and shelter; and (ii) the first person's reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person's basic needs for food, clothing and shelter; or (b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person's bodily or mental functions. (2) A person (the first person ) is dependent on another person for the purposes of an application for: (d) a Protection (Class XA) visa; or (ea) a Refugee and Humanitarian (Class XB) visa; or (i) a Temporary Safe Haven (Class UJ) visa; if the first person is wholly or substantially reliant on the other person for financial, psychological or physical support. If according to that, I did wrongly mention him as "dependent", and now I need to inform my CO and make appropriate change, right? Can anyone pls advise. Quote Link to comment Share on other sites More sharing options...
scattley Posted July 17, 2014 Share Posted July 17, 2014 If he is not financially dependent on you and is not interested in emigrating, why on earth did you include him as a non-migrating dependent? He is a non-migrating family member, NOT a dependent and non-migrating, non-dependent family members don't need medicals. It seems to me that you're over complicating and jeopardising your own visa application (and your child's) completely unnecessarily. He is her legal husband and so has to be included as a non- migrating dependant doesnt he? It would be different if they were divorced but as they are married she can "sponsor" him at a latter time as her spouse even if she promises (which she has on another forum) that he has no intention of ever travelling to Australia. Quote Link to comment Share on other sites More sharing options...
wrussell Posted July 17, 2014 Share Posted July 17, 2014 He is her legal husband and so has to be included as a non- migrating dependant doesnt he? It would be different if they were divorced but as they are married she can "sponsor" him at a latter time as her spouse even if she promises (which she has on another forum) that he has no intention of ever travelling to Australia. This is precisely correct. Based on what has been posted there would be no health waiver available in this case. The only available strategy is be to prepare a submission to be considered if there is an unfavourable medical outcome. Quote Link to comment Share on other sites More sharing options...
Bondminh Posted July 17, 2014 Author Share Posted July 17, 2014 Hi wrussell, Can you please share more about health waiver? What do they do with it? what make the health waiver ok or not ok? Can you explain the alternative that you are talking about "prepare a submission to be considered if there is an unfavourable medical outcome "? Really appreciate it. Quote Link to comment Share on other sites More sharing options...
Gbye grey sky Posted July 17, 2014 Share Posted July 17, 2014 He is her legal husband and so has to be included as a non- migrating dependant doesnt he? It would be different if they were divorced but as they are married she can "sponsor" him at a latter time as her spouse even if she promises (which she has on another forum) that he has no intention of ever travelling to Australia. But can you, in reality, sponsor a dependent (husband, child, whatever) if you did not show them as a non-migrating dependent on your own visa application without invalidating your own visa at a later date? Quote Link to comment Share on other sites More sharing options...
Ozmaniac Posted July 17, 2014 Share Posted July 17, 2014 This is precisely correct. Based on what has been posted there would be no health waiver available in this case. The only available strategy is be to prepare a submission to be considered if there is an unfavourable medical outcome. Thanks for that correction. I defer to your professional knowledge. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted July 17, 2014 Share Posted July 17, 2014 If he is not financially dependent on you and is not interested in emigrating, why on earth did you include him as a non-migrating dependent? He is a non-migrating family member, NOT a dependent and non-migrating, non-dependent family members don't need medicals. It seems to me that you're over complicating and jeopardising your own visa application (and your child's) completely unnecessarily. I think you are confusing the issue. He is her husband, so must be declared. Quote Link to comment Share on other sites More sharing options...
Tickled Pink Posted July 17, 2014 Share Posted July 17, 2014 I think you need to pay for professional advice. This sounds like a complicated case and you can't really ask a migration agent on here to advise in detail (as is most likely needed) about the health waiver situation for free... it seems like you would seriously benefit from talking to someone one on one, going through all your intricate particulars before you put your visa application (and the fee) in jeopardy. Quote Link to comment Share on other sites More sharing options...
MaggieMay24 Posted July 17, 2014 Share Posted July 17, 2014 Hi wrussell, Can you please share more about health waiver? What do they do with it? what make the health waiver ok or not ok? Can you explain the alternative that you are talking about "prepare a submission to be considered if there is an unfavourable medical outcome "? Really appreciate it. The 189 visa has no health waiver provision so it wouldn't be an option for you under this visa. http://www.immi.gov.au/allforms/health-requirements/health-waivers.htm. You should speak with a migration agent if you want to be well-prepared to respond to a failure of the health requirement. George Lombard and Peter Lombard are two agents specifically experienced with medical issues. Quote Link to comment Share on other sites More sharing options...
scattley Posted July 17, 2014 Share Posted July 17, 2014 But can you, in reality, sponsor a dependent (husband, child, whatever) if you did not show them as a non-migrating dependent on your own visa application without invalidating your own visa at a later date? Yes you can...it makes it more difficult but since YOU are already here (as PR or a citizen) the government has the onus to let the partner in even if the costs are going to be high ....and to prevent that back door being used (which it has been in the past) they make lying about marital status etc on the initial application something a visa can be terminated on. The poster is not divorced and can promise anything she likes here about not infringing her husbands medical costs on the Australian government....but once she has PR or is a citizen...she can change her mind and there are not much the government can do...which is why they stop this at the bud now. Quote Link to comment Share on other sites More sharing options...
Pumpkin Posted July 17, 2014 Share Posted July 17, 2014 Yes you can...it makes it more difficult but since YOU are already here (as PR or a citizen) the government has the onus to let the partner in even if the costs are going to be high ....and to prevent that back door being used (which it has been in the past) they make lying about marital status etc on the initial application something a visa can be terminated on. The poster is not divorced and can promise anything she likes here about not infringing her husbands medical costs on the Australian government....but once she has PR or is a citizen...she can change her mind and there are not much the government can do...which is why they stop this at the bud now. Yes you can what? You see to be contradicting yourself here? :confused: To not disclose a child or partner is to jeopardise one's own visa as it means it was obtained fraudulently. The reason non migrating dependents need to be declared and clear medicals is to avoid the exact situation you are describing. That is one person getting in and then getting the other in afterwards on basis that they are already there. Quote Link to comment Share on other sites More sharing options...
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