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Need URGENT HELP:Should my overseas wife be my non-migrating dependent or Other Family Member

archimylife1279

By archimylife1279
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archimylife1279 Member

archimylife1279

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Hi all,

 

I have an urgent visa application problem and hope to be advised shortly here. Any advice is gratefully appreciated!

 

Following is my story:

 

I was in visa 489 and submitted my visa 887 on Oct 2014. I was single when my visa 489 is granted but later I got married in Australia on June 2014. In my visa 887 application (submitted on Oct 2014), I listed my wife as non-migrating dependent because I plan to get her here by applying Partner visa later once my visa 887 is granted. (Our plan are 1. wait until baby is born, both my wife and baby travel to Australia by eVisitor visa and then apply Partner visa onshore, 2. Apply Partner visa Offshore and wait until offshore Partner visa granted). Now she is in back home for pregnancy check and delivery baby purpose. Just now, my case has been allocated to an case officer and he asks not only my wife to complete medical check, but also ask my unborn baby to have medical check after my baby is born (The baby's due date is 24 Dec 2014). Now I find my case becomes very complicated for following reasons, 1. my wife is pregnant so she cannot completed medical requirement now, 2. My wife does't have any contraction yet and we don't even know when my baby is born. In the letter CO asks me submit form 1102 to change my circumstance when baby is born. Later another medical check letter will be issued for my baby to get medical check. It looks like my visa won't be granted in a short time. Therefore I really need to have some advise to get my 887 visa granted in the shortest time to have a peaceful in mind.

 

So my questions are:

1. am I correct to put my wife as non-migrating dependent or should I correct her to my Other family member? I went to some treads in the forum and guess that medical check is not required for Other family member. She is not financially depend on me, we are both financial independent.

 

2. if I put her to Other family member, any consequence of future partner visa application will occur?

 

3. Will above action possibly shorten my visa processing time?

 

4. Is my wife still able to apply partner visa if I put her to Other family member category?

 

Thanks in advance and all your advices are gratefully appreciated.

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gunflame Member

gunflame

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1) I don't know that much about 489, but I'm pretty sure you will have to provide medicals for both your children and wife regardless of were you put them in your application. Your child is your dependant, so is your wife because you two are the same entity (married adults are supposed to live together and SHARE EXPENSES AND RESPONSABILITIES).

 

2) I believe the case officer will tell you that you made a mistake if you place her in other family. I'm not sure though

 

3) I believe it will take longer because the Case officer will request you to make modifications

 

4) Read above.

 

Basically I believe you are stuck with her doing medicals. At the very least your child WHICH IS YOUR DEPENDANT will have to have its medicals approved. To the best of my knowledge there's nothing you can do at this point and you will have a delay in your visa until everyone gets their medicals done.

 

If you are in a really big hurry about getting your visa I suggest you look for a migration agent that speciliazes in cases like yours.

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MaggieMay24 PIO Chatter Box

MaggieMay24

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Your wife is a non-migrating dependent, not other family member so you have no option on how to record her in your application. Similarly, once your baby is born, your child will also be a non-migrating dependent. Once she gives birth, she and the baby can have their medical checks and you can then add these to the application.

 

By the way, it would be incredibly less expensive to change them to migrating family members. The partner visa application cost is going up 50% on January 1st, so if you can avoid the cost and extra hassle of a partner visa application, I'd do that.

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lebourvellec PIO Chatter Box

lebourvellec

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You should have gotten professional advice before lodging the 887, the correct course of action should have been after you were married for your wife to been added to the 489 visa as a subsequent entrant, then she could have been included on the 887 and granted PR without having to go through long winded and expensive Partner visa application.

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archimylife1279 Member

archimylife1279

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1) I don't know that much about 489, but I'm pretty sure you will have to provide medicals for both your children and wife regardless of were you put them in your application. Your child is your dependant, so is your wife because you two are the same entity (married adults are supposed to live together and SHARE EXPENSES AND RESPONSABILITIES).

 

2) I believe the case officer will tell you that you made a mistake if you place her in other family. I'm not sure though

 

3) I believe it will take longer because the Case officer will request you to make modifications

 

4) Read above.

 

Basically I believe you are stuck with her doing medicals. At the very least your child WHICH IS YOUR DEPENDANT will have to have its medicals approved. To the best of my knowledge there's nothing you can do at this point and you will have a delay in your visa until everyone gets their medicals done.

 

If you are in a really big hurry about getting your visa I suggest you look for a migration agent that speciliazes in cases like yours.

 

Hi Gunflame,

 

Thanks for the reply. Yes you are right, I am stuck in doing medical check for my wife and my baby. The reason that I am thinking my wife may not be dependent of me is because she is financially independent (According to few other post, the definition of dependent is regarding financial situation). But I will try to do more research about this, If dependent is the only category for her, I will keep original application. However there is also a "spouse" option under "Other family member" what is the occasion to use that??

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archimylife1279 Member

archimylife1279

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You do realise your baby is due in less than a week don't you?

As has been said, you are going to have to do the Medicals anyway. If you can get them included on this application that would be much more sensible.

 

Hi Blossom,

Thanks for the reply. yes I do realise my baby is due soon and we are welcoming her. She must be a extremely lovely girl.

I love to put my wife and baby in to my current application however they cant as they dont have valid visa (My wife is not in my original 489 visa application) Therefore I dont see the point why do immi ask this question as it make no different for my wife and baby in any type of category. Am i correct?

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archimylife1279 Member

archimylife1279

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Hi Maggie,

 

I would love to put them in to migrating dependent but can I do that if they dont have valid visa?

You can include the following people in your visa application:

 

 

  • your partner (married or de facto)
  • your or your partner’s dependent children
  • other dependent relatives.

 

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

They must hold one of the following visas:

 

 

 

Your family members must be able to show that they meet health and character requirements.

Family members cannot be added to your application after it has been lodged.

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archimylife1279 Member

archimylife1279

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Your wife is a non-migrating dependent, not other family member so you have no option on how to record her in your application. Similarly, once your baby is born, your child will also be a non-migrating dependent. Once she gives birth, she and the baby can have their medical checks and you can then add these to the application.

 

By the way, it would be incredibly less expensive to change them to migrating family members. The partner visa application cost is going up 50% on January 1st, so if you can avoid the cost and extra hassle of a partner visa application, I'd do that.

 

Hi Maggie, I am certainly much happier if My wife and baby can be in migrating family and we get visa at the same time. However am I aloow to do that if they dont have any valid visa? My wife is not in my original 489 visa

 

You can include the following people in your visa application:

 

  • your partner (married or de facto)

  • your or your partner’s dependent children

  • other dependent relatives.

 

These family members must meet the requirements for including family members in your application. The application must include documentary evidence of their relationship to you.

They must hold one of the following visas:

 

 

 

Your family members must be able to show that they meet health and character requirements.

Family members cannot be added to your application after it has been lodged.

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awelter Member

awelter

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Once an application for 887 visa has been lodged, a dependant applicant cannot be added to 887 application as this is forbidden by Regulation 2.08A(2A).

 

The only exception is a newborn child, however, the child would have to be in Australia at the time of visa grant.

 

Health requirements - if your baby was born in Australia, case officers usually organise an ‘on the papers’ assessment - such a child wouldn't have to be taken to a clinic for a physical examination (under 6 months age).

 

Health examination for your wife - theoretically - she could undergo an x-ray (not recommended) and other examinations and have medicals cleared before the child is born. As a result, you could have your visa granted before your child is born. But there is no guarantee your application would be finalised before the child is born.

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gunflame Member

gunflame

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Hi Gunflame,

 

Thanks for the reply. Yes you are right, I am stuck in doing medical check for my wife and my baby. The reason that I am thinking my wife may not be dependent of me is because she is financially independent (According to few other post, the definition of dependent is regarding financial situation). But I will try to do more research about this, If dependent is the only category for her, I will keep original application. However there is also a "spouse" option under "Other family member" what is the occasion to use that??

 

I really don't know. I would encourage to get some professional advice. You don't even have to hire a migration agent, you just have to find one that works in that area and pay for an hour of consultation. If the agent really specializes in that area you should be able to get your answers in a consultation. Obviously you have to do your own research first and be prepared.

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archimylife1279 Member

archimylife1279

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Once an application for 887 visa has been lodged, a dependant applicant cannot be added to 887 application as this is forbidden by Regulation 2.08A(2A).

 

The only exception is a newborn child, however, the child would have to be in Australia at the time of visa grant.

 

Health requirements - if your baby was born in Australia, case officers usually organise an ‘on the papers’ assessment - such a child wouldn't have to be taken to a clinic for a physical examination (under 6 months age).

 

Health examination for your wife - theoretically - she could undergo an x-ray (not recommended) and other examinations and have medicals cleared before the child is born. As a result, you could have your visa granted before your child is born. But there is no guarantee your application would be finalised before the child is born.

 

Hi Ozhomemigration,

Thanks for the reply. I have received the answer from immi. They ask me to submit a from 1022 to add my new born baby in to my application first then they will issue me another HAP for my baby for medical check. Once my visa granted, I can apply visa for my wife and baby next year. Now I have few more questions

 

1. should I fill in my baby as migrating dependent or non-migrating dependent?

2. Fee for partner visa next year is crazily increase, is there any way to avoid this?

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lebourvellec PIO Chatter Box

lebourvellec

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Hi Ozhomemigration,

Thanks for the reply. I have received the answer from immi. They ask me to submit a from 1022 to add my new born baby in to my application first then they will issue me another HAP for my baby for medical check. Once my visa granted, I can apply visa for my wife and baby next year. Now I have few more questions

 

1. should I fill in my baby as migrating dependent or non-migrating dependent?

2. Fee for partner visa next year is crazily increase, is there any way to avoid this?

As oz home migration states the baby would need to be in Australia at time the visa is granted to include them as migration dependent. Therefore would need to enter on valid visa before the visa could be granted.

 

Which visa was was your wife on when you married? Would she qualify for her own skilled migration visa?

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archimylife1279 Member

archimylife1279

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As oz home migration states the baby would need to be in Australia at time the visa is granted to include them as migration dependent. Therefore would need to enter on valid visa before the visa could be granted.

 

Which visa was was your wife on when you married? Would she qualify for her own skilled migration visa?

 

Hi Leb,

My wife was on HWV when we married and she doesn't qualify for any type of skilled migration visa. She doesn't in my 489 visa too. I have asked IMMI and they have confirmed that I can get them to Australia by evisitor visa then apply partner visa onshore for them. However which costs me nearly 10K...if that is the only way. (Such a human government to increase fee for family reunion... Please forgive my complain.)

 

I am wondering if I can still apply 489 subsequent entry for my wife to get a bridging visa A/B and then change her status in my 887 application to migrating dependent. I dont know if its working because she is overseas now. so far I know if I apply 489 subsequent visa for them when they are overseas, the processing time will be 6 month.

 

Or should I withdraw my 887 application first and apply 489 subsequent visa for my wife and my baby after baby is born, even when they later travel to Australia and apply 489 visa onshore to get bridging A. After that lodge 887 again when they are under bridging A of 489 visa so they can be PR at the same time as my PR granted?

 

your reply is much appreciated and wish you have a great xmas in advance.

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rammygirl PIO Chatter Box

rammygirl

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Pay for some good advice from a reputable agent. any

who post on here are good. Honestly you could save the price of the advice. If you had taken advice earlier you would not have been in this position now.

 

it is the old cliche I wouldn't start from where you are now.

 

 

You have created more problems than there should be.

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archimylife1279 Member

archimylife1279

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Pay for some good advice from a reputable agent. any

who post on here are good. Honestly you could save the price of the advice. If you had taken advice earlier you would not have been in this position now.

 

it is the old cliche I wouldn't start from where you are now.

 

 

You have created more problems than there should be.

 

Hi Rammygirl,

 

Thanks for the advice. Could you please suggest any reputable agent?

If my question is an old chiche, could you please guide me to the old post?

I didn't know it becomes so complicated as I thought its just a simple visa upgrade from 489 to 887.

I didn't expect so many thing need to be consider after marriage.

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awelter Member

awelter

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Hi Leb,

My wife was on HWV when we married and she doesn't qualify for any type of skilled migration visa. She doesn't in my 489 visa too. I have asked IMMI and they have confirmed that I can get them to Australia by evisitor visa then apply partner visa onshore for them. However which costs me nearly 10K...if that is the only way. (Such a human government to increase fee for family reunion... Please forgive my complain.)

 

I am wondering if I can still apply 489 subsequent entry for my wife to get a bridging visa A/B and then change her status in my 887 application to migrating dependent. I dont know if its working because she is overseas now. so far I know if I apply 489 subsequent visa for them when they are overseas, the processing time will be 6 month.

 

Or should I withdraw my 887 application first and apply 489 subsequent visa for my wife and my baby after baby is born, even when they later travel to Australia and apply 489 visa onshore to get bridging A. After that lodge 887 again when they are under bridging A of 489 visa so they can be PR at the same time as my PR granted?

 

your reply is much appreciated and wish you have a great xmas in advance.

 

To give an accurate advice, exact information about your and your family member's circumstances are needed. You should really seek a professional help to find the best, fastest and most cost effective strategy of your case. So I limit my comments to general nature only.

 

As mentioned before, only a newborn child can be added to a lodged 887 application (it is by the operation of law). This child, however, cannot meet circumstances applicable to the grant of 887 visa if she is offshore and DIBP would be likely to ask you to withdraw her application.

 

It might be a strategy to go back and withdraw your 887 application and your wife could come to Australia and apply for 489 (combined application with your child). While they are on BVA on the basis of valid application for 489 visa and you as a holder 489, all of you could make a combined application for 887 visa.

 

Please note, this strategy is subject to certain assumptions and visitor visas should not be used for coming to Australia to apply a further visa, otherwise a visitor visa might be a subject to cancellation if a visa holder is not a genuine visitor. The correct way should be to apply for 489 offshore first.

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