robin Posted November 18, 2014 Share Posted November 18, 2014 Dear guys, I need help. Anyone has idea on this issue most welcome to drop couple lines for me please. I would be really grateful.:no: My situation is, Upon break up with my ex, I recently individually lodged my 186 ENS application. Nomination has been approved & DIAC now asked for medical to undergo and there problem begins. As my ex partner not giving permission to take my daughter (only child) for her visa medical. But from immigration they said, all non-migrating dependent must undergo medicals. I don't know how to solve this problem as it's not in my hand but my ex's and for this my application is on hold. Please let me know what are the options available to solve this problem. DIAC said this has to be done (i.e. medical for my child), as in case of death or injury of my child's primary guardian (i.e. my ex), i have to do her medical so that i can look after her in the future as next guardian. Pleaseeeeeeeeeeeeeeeeeeeeeeeeeeeee................:arghh: Link to comment Share on other sites More sharing options...
Que Sera Sera Posted November 18, 2014 Share Posted November 18, 2014 Try reading this thread http://www.pomsinoz.com/forum/migration-issues/83645-medical-checks-non-migrating-child-nightmare.html Link to comment Share on other sites More sharing options...
StevenLozza Posted November 18, 2014 Share Posted November 18, 2014 Your application will be considered without the child having a medical, I had the same issue with my x partner, I managed to get birth certificates for my kids and the hospital accepted them as form of ID, and got the medicals done without my x knowing, it's nothing invasive anyway a couple of questions and a listen to the chest, Get yourself along to the local birth, marriage and death place and order a birth certificate for your child, also double check with the hospital that it is acceptable form of ID, I believe some hospitals will only accept a passport but my 1 accepted either a birth cert or passport. Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 Your application will be considered without the child having a medical, I had the same issue with my x partner, I managed to get birth certificates for my kids and the hospital accepted them as form of ID, and got the medicals done without my x knowing, it's nothing invasive anyway a couple of questions and a listen to the chest, Get yourself along to the local birth, marriage and death place and order a birth certificate for your child, also double check with the hospital that it is acceptable form of ID, I believe some hospitals will only accept a passport but my 1 accepted either a birth cert or passport. --------------------------------------------->>>> Dear StevenLozza, Thanks for the information. My daughter is 10 years old and i already have submitted her birth certificate with my application (186). Even i pay child support every month for her and I already have sent all the supporting documents to them (DIAC). Just because my ex partner not co-operating for my daughter's medical and I lose my right of father in the future that's not a fair deal for immigration. Any comment on this? regards: Link to comment Share on other sites More sharing options...
StevenLozza Posted November 18, 2014 Share Posted November 18, 2014 I'm not a lawyer, but if you were married then you automatically have parental rights over your daughter so that won't change, if you did not marry your ex then I'm pretty sure you won't have parental rights over her anyway, you need to fill in a form for that and get your ex to sign it, as a child born before Feb 2004 (dont quote me) won't give the father automatic parental rights regardless of the name in the birth certificate, Call the hospital doing the medical and ask if they accept birth certificate as a form of ID for your daughter, if they do book the medical for a date when you know you'll have your daughter. Job done. Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 dear stevenLozza, Thank you so much for the information. My daughter born in July 2004 and i am not married to her mother. I wanted to but i couldn't as i found out that she was cheating on me coz of photographic proof which, with immigration. I am not understanding how to sort this problem out. My agent already contacted her mother and she is not responding. They (agent) said way around alternative there but still noting happening... as my agent still trying to make her understand... Any comment on this? regards Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 I'm not a lawyer, but if you were married then you automatically have parental rights over your daughter so that won't change, if you did not marry your ex then I'm pretty sure you won't have parental rights over her anyway, you need to fill in a form for that and get your ex to sign it, as a child born before Feb 2004 (dont quote me) won't give the father automatic parental rights regardless of the name in the birth certificate, Call the hospital doing the medical and ask if they accept birth certificate as a form of ID for your daughter, if they do book the medical for a date when you know you'll have your daughter. Job done. ------------------------------------>>> dear stevenLozza, Thank you so much for the information. My daughter born in July 2004 and i am not married to her mother. I wanted to but i couldn't as i found out that she was cheating on me coz of photographic proof which, with immigration. I am not understanding how to sort this problem out. My agent already contacted her mother and she is not responding. They (agent) said way around alternative there but still noting happening... as my agent still trying to make her understand... Any comment on this? regards Link to comment Share on other sites More sharing options...
StevenLozza Posted November 18, 2014 Share Posted November 18, 2014 I'd have a quick talk with a family lawyer and ask about parental rights 1stly, Do you have contact with your daughter, do you have her for wkends etc if not then the honest answer is you'll have to go to court to fight for visitation access, And if you don't, you'll need to carry on with the application without her having a medical. I don't think it'll hinder your application but it'll make it difficult for her to migrate later if that's what she chooses or it'll be more costly, I'm unsure I didn't have this problem I got my kids their medical by telling my ex a little lie and booked it for when I had the kids that wkend. Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 I'd have a quick talk with a family lawyer and ask about parental rights 1stly, Do you have contact with your daughter, do you have her for wkends etc if not then the honest answer is you'll have to go to court to fight for visitation access, And if you don't, you'll need to carry on with the application without her having a medical. I don't think it'll hinder your application but it'll make it difficult for her to migrate later if that's what she chooses or it'll be more costly, I'm unsure I didn't have this problem I got my kids their medical by telling my ex a little lie and booked it for when I had the kids that wkend. Dear StevenLozza, thanks you so much for your information. I don't have contact with my daughter and I haven't applied for visitation right yet. As far as i know her mother already applied for her passport as Australian born and remain in Australia more than 10 years. My only concern i don't want to loose my child's right as a father, regardless what her mother wishes. Link to comment Share on other sites More sharing options...
Beddy Posted November 18, 2014 Share Posted November 18, 2014 Dear guys, I need help. Anyone has idea on this issue most welcome to drop couple lines for me please. I would be really grateful.:no: My situation is, Upon break up with my ex, I recently individually lodged my 186 ENS application. Nomination has been approved & DIAC now asked for medical to undergo and there problem begins. As my ex partner not giving permission to take my daughter (only child) for her visa medical. But from immigration they said, all non-migrating dependent must undergo medicals. I don't know how to solve this problem as it's not in my hand but my ex's and for this my application is on hold. Please let me know what are the options available to solve this problem. DIAC said this has to be done (i.e. medical for my child), as in case of death or injury of my child's primary guardian (i.e. my ex), i have to do her medical so that i can look after her in the future as next guardian. Pleaseeeeeeeeeeeeeeeeeeeeeeeeeeeee................:arghh: I would seek advice from a solicitor ., where kids are concerned and the non emigrating parent is unwilling to co-operate In my oppinion it's the safest option Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 I would seek advice from a solicitor ., where kids are concerned and the non emigrating parent is unwilling to co-operate In my oppinion it's the safest option I can't thank you enough....... Link to comment Share on other sites More sharing options...
Freesia Posted November 18, 2014 Share Posted November 18, 2014 so if the mother's Australian-born the child will be an Aussie Citizen too ? so no Medical required ? ( or did you mean the child is Australian born but not the mother ) and automatic Parental Rights etc are a UK assumption......what country are you in robin? Link to comment Share on other sites More sharing options...
lebourvellec Posted November 18, 2014 Share Posted November 18, 2014 If your daughter had the right to Australian Citizenship she will not require medical as non-migration dependent and can be removed from the application, as only non-Australian citizens and non-pr require to be on the PR application. Link to comment Share on other sites More sharing options...
lebourvellec Posted November 18, 2014 Share Posted November 18, 2014 What is your daughters current visa status in Australia? Link to comment Share on other sites More sharing options...
robin Posted November 18, 2014 Author Share Posted November 18, 2014 so if the mother's Australian-born the child will be an Aussie Citizen too ? so no Medical required ? ( or did you mean the child is Australian born but not the mother ) and automatic Parental Rights etc are a UK assumption......what country are you in robin? Dear Freesia, Thanks for the reply. My situation is in Australia. My child is Australian born and we (my ex and I ) still overseas residence and not permanent in Australia. thanks... Link to comment Share on other sites More sharing options...
lebourvellec Posted November 18, 2014 Share Posted November 18, 2014 Dear Freesia, Thanks for the reply. My situation is in Australia. My child is Australian born and we (my ex and I ) still overseas residence and not permanent in Australia. thanks... You can request evidence if you think your daughter is already and Australian citizen. As you say your ex has applied for her passport she must have became an Australian citizen first. http://www.citizenship.gov.au/current/proof_of_citizenship/ Link to comment Share on other sites More sharing options...
Ozmaniac Posted November 18, 2014 Share Posted November 18, 2014 Dear StevenLozza, thanks you so much for your information. I don't have contact with my daughter and I haven't applied for visitation right yet. As far as i know her mother already applied for her passport as Australian born and remain in Australia more than 10 years. My only concern i don't want to loose my child's right as a father, regardless what her mother wishes. So are you saying that the child was born in Australia and lived there for her first 10 years? If that is the case, she is ALREADY an Australian citizen as it happens automatically on the child's 10th birthday. If she's a citizen, she can't be included as a non-migrating dependent and that part of your problem (the need for a medical) is solved. On the subject of your rights as her father; you need to see a solicitor about having them asserted and you should do that ASAP. Link to comment Share on other sites More sharing options...
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