joanne Posted January 7, 2015 Share Posted January 7, 2015 hi all, my partner has had to put on our visa application that he has 2 dependant children, although his kids wont see him and want nothing to do with him (obviously evil influences going on here but thats another story) anyhow, we have been told today that wehn we get a CO assigned in the (hopefully) nxt coming weeks that they may request there medicals and want to see there birth certs ... we dont want them on the visa and we have no way of getting there medicals done as they refuse to see there dad could prob get copies of birth certs? but we explained that the meds would of ran out by the time they are grown and may want to come over but aparently its proceedure..has anyone got around this? as this seems too ridiculous to stop us all from going Link to comment Share on other sites More sharing options...
itegoa Posted January 7, 2015 Share Posted January 7, 2015 Hi, I've seen this brought up on the forum in the past. Have a search for "non migrating dependant child" or similar. Someone may be around soon with some more up to date info Link to comment Share on other sites More sharing options...
lebourvellec Posted January 7, 2015 Share Posted January 7, 2015 Medicals will be requested for non-migrating dependents. Birth certificates are part of public record and anyone can go and get a copy of a birth certificate. The reason why non-migrating dependents require medicals is due to the waiver scheme that is in place. That if a parent is already a PR, and the child would fail the medical they will still get in to Australia. The system was abused in the past that children that would not pass the medical were listed as non-migrating dependents, then sponsored later. I would get advice from a registered migration agent on how to proceed, but there has been lots of others in same situation as yourselves and they have still gotten their visas. I would expect your OH to explain in a certified statement why it is not possible for them to get the medicals. Link to comment Share on other sites More sharing options...
MaggieMay24 Posted January 7, 2015 Share Posted January 7, 2015 As Lebourvellec has said, they must be included as non-migrating dependants. This can be an issue in situations such as yours, or where the ex-partner refuses to cooperate in having the children's medicals done. Your OH may have to provide sufficient evidence that he's made all possible efforts to get the medicals completed, but can see what the CO requests. I agree that it's wise to use a migration agent in situations like this. Link to comment Share on other sites More sharing options...
Que Sera Sera Posted January 7, 2015 Share Posted January 7, 2015 He's still financially responsible for them so therefore as dependants they have to be on the visa. He should write a letter explaining this to his Ex. Hopefully she may write back with a refusal which you can then use. An Agent is the best to advise you on this. Perhaps negotiate maintenance payments from Australia to sweeten the pill. Link to comment Share on other sites More sharing options...
joanne Posted January 8, 2015 Author Share Posted January 8, 2015 He's still financially responsible for them so therefore as dependants they have to be on the visa. He should write a letter explaining this to his Ex. Hopefully she may write back with a refusal which you can then use. An Agent is the best to advise you on this. Perhaps negotiate maintenance payments from Australia to sweeten the pill. thanks all, trouble is the x knows that she aint gonna get the huge whack she already gets for a few mths until my partner can find work and she will want to stick evey knife in possible...if hes not working he cant pay her that of course wont be forever, but thanks anyway, i think i will wait until we get our CO and see what they require us to do , it may have to go to court to force her to sign a declaration which is going to be very costly..but she likes running up tens of thousands of soli bills...for now i guess i will put a hold on our police checks and medicals as they run out after 12mths and this may take up half of this? been doing this for 2 years ..whats another one huh Link to comment Share on other sites More sharing options...
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