tanny04 Posted September 5, 2015 Share Posted September 5, 2015 Ok here goes! sorry everyone im new to this lol. My ex has been in contact with my daughter through email about moving to oz. Not the correct way in my eyes but anyway I will plod along, he says government papers will be arriving for a visa for her just in case I die:shocked:. Would you say I have to agree to these as he doesn't pay any funds to her upkeep and avoids all payment to the csa! He then says the government will take matters into there own hands if I don't agree. HELP pls:arghh: Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 OOOH for forgot to say he don't even see her Link to comment Share on other sites More sharing options...
Sammy1 Posted September 5, 2015 Share Posted September 5, 2015 Ok here goes! sorry everyone im new to this lol. My ex has been in contact with my daughter through email about moving to oz. Not the correct way in my eyes but anyway I will plod along, he says government papers will be arriving for a visa for her just in case I die:shocked:. Would you say I have to agree to these as he doesn't pay any funds to her upkeep and avoids all payment to the csa! He then says the government will take matters into there own hands if I don't agree. HELP pls:arghh: How old is she? If under 18, then no, he cannot force you to do that. He will need to go to court if he wishes to add her to his visa. I suspect that this would not be granted by a court, especially as you have stated he does not even see her. Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 My daughter is 11 and he has had not real relationship with her since she was 2. He has parental responsibility but never has shown any interest in her. Cant see how so many get away with trying to poison the resident parent. Makes me so angry. Thank sammy1 Link to comment Share on other sites More sharing options...
Sammy1 Posted September 5, 2015 Share Posted September 5, 2015 My daughter is 11 and he has had not real relationship with her since she was 2. He has parental responsibility but never has shown any interest in her. Cant see how so many get away with trying to poison the resident parent.Makes me so angry. Thank sammy1 It sounds like he is bullying you. When the visa papers arrive, do not sign them under any circumstance. There first needs to be discussion/consultation at the very least , not an outright demand on his part. Only then can you make an informed decision as to whether this is a sensible thing to do. Link to comment Share on other sites More sharing options...
Jacaranda Posted September 5, 2015 Share Posted September 5, 2015 Can I ask,does your OH have a house to sell?Because if he does,when he comes to sell it,the CSA can force payments to you from the sale of his house!(Unless the law is different in the UK.) Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 Oh I wont sign anything without legal advice. I don't really like to be in the same room as him anyway as he has a conviction for domestic violence towards me so basically blames me for him not seeing her. And all he got was a caution! Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 Ok here goes! sorry everyone im new to this lol. My ex has been in contact with my daughter through email about moving to oz. Not the correct way in my eyes but anyway I will plod along, he says government papers will be arriving for a visa for her just in case I die:shocked:. Would you say I have to agree to these as he doesn't pay any funds to her upkeep and avoids all payment to the csa! He then says the government will take matters into there own hands if I don't agree. HELP pls:arghh: Firstly, He definitely can't force you to agree and he's also spinning you a line with the government taking matters into their own hands bulls**t etc. so don't worry about that at all. He will need written permission from all persons with parental responsibility (ie you) or he can take you to court and apply for a specific issue order, but as you state that there is no contact, and she is settled with you then he won't have much of a chance. Especially if your daughter also doesn't want to be included on the visa. If it went to court, then the decision would be weighted towards the best interest of the child and she would most likely be interviewed to ascertain her feelings on the subject. Have you spoken to her about it? Does she have feelings one way or the other? Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 He owes plenty of csa money but just returns all letters sent to his address and as he is self employed he seems to get away with everything Link to comment Share on other sites More sharing options...
Jacaranda Posted September 5, 2015 Share Posted September 5, 2015 My daughter is 11 and he has had not real relationship with her since she was 2. He has parental responsibility but never has shown any interest in her. Cant see how so many get away with trying to poison the resident parent.Makes me so angry. Thank sammy1 Does your daughter know about his plans and the visa for her?If so,how does she feel about it?I don't think for one minute she would leave anyway with him (as she is under 18)knowing that her Dad hasn't been there for her?Try not to over worry this hon.Be mindful what you post on this forum because there is a possibility your ex might also use the site. Link to comment Share on other sites More sharing options...
Sammy1 Posted September 5, 2015 Share Posted September 5, 2015 Oh I wont sign anything without legal advice. I don't really like to be in the same room as him anyway as he has a conviction for domestic violence towards me so basically blames me for him not seeing her. And all he got was a caution! Definitely do not let him bully you into signing anything.You are under no obligation to do so. Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 Captainc I have spoken to my daughter and she is not interested in anything he does. He emails her regular to her personal email address but she makes the decision not to reply. He doesn't seem to understand that a long time has passed and because she has no bond with him what ever he says means nothing. Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 Ok that seems to be the matter settled then. He can't force you at all, don't worry, and don't sign even if he threatens legal action. You are under no obligation whatsoever. Link to comment Share on other sites More sharing options...
Bungo Posted September 5, 2015 Share Posted September 5, 2015 It's kind of odd that he wants a visa for her if he doesn't even see her. But you know what, he does need her to get a medical even if she is not on the visa application. This really is in case you die and she would go to live with him. I wonder if that is what he wants to be honest. Of course you don't have to consent to that either if you don't want to and he would just have to deal with it. Link to comment Share on other sites More sharing options...
Sammy1 Posted September 5, 2015 Share Posted September 5, 2015 It's kind of odd that he wants a visa for her if he doesn't even see her. But you know what, he does need her to get a medical even if she is not on the visa application. This really is in case you die and she would go to live with him. I wonder if that is what he wants to be honest. Of course you don't have to consent to that either if you don't want to and he would just have to deal with it. That's probably the crux of the matter. He needs her to have a medical for his own visa purposes. His visa cannot go ahead without it (I think?). So, he does not see her, does not pay child support and the daughter has rarely if any contact with him, but he wants her on the visa.... I would say based on all that it is purely for his own succesful movement to Oz. Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 This is what I don't understand why would my daughters medical affect his visa application? Confused ..lol Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 It's kind of odd that he wants a visa for her if he doesn't even see her. But you know what, he does need her to get a medical even if she is not on the visa application. This really is in case you die and she would go to live with him. I wonder if that is what he wants to be honest. Of course you don't have to consent to that either if you don't want to and he would just have to deal with it. Very good point Link to comment Share on other sites More sharing options...
CaptainC Posted September 5, 2015 Share Posted September 5, 2015 This is what I don't understand why would my daughters medical affect his visa application? Confused ..lol Like Bungo says above, an applicant for a visa needs to have all 'dependants' go through a medical themselves. Once he has a visa he is in a position to sponsor his dependants for their own visas and the department need to make sure that it's not going to cost the government money in hefty medical bills. But still, you don't have to consent. Link to comment Share on other sites More sharing options...
Maria1970 Posted September 5, 2015 Share Posted September 5, 2015 That's probably the crux of the matter. He needs her to have a medical for his own visa purposes. His visa cannot go ahead without it (I think?). So, he does not see her, does not pay child support and the daughter has rarely if any contact with him, but he wants her on the visa.... I would say based on all that it is purely for his own succesful movement to Oz. Agree with Sammy here, he needs to declare all dependents on his visa application and each dependent needs a medical. You don't have to comply, that is your choice. It won't stop him getting his visa but makes it more complicated and will lengthen his application. However, if he has a domestic violence conviction this makes his visa application a whole lot different. Link to comment Share on other sites More sharing options...
ali Posted September 5, 2015 Share Posted September 5, 2015 That's probably the crux of the matter. He needs her to have a medical for his own visa purposes. His visa cannot go ahead without it (I think?). So, he does not see her, does not pay child support and the daughter has rarely if any contact with him, but he wants her on the visa.... I would say based on all that it is purely for his own succesful movement to Oz. That's what I was thinking ... He needs to put his daughter as a non migrating dependant Link to comment Share on other sites More sharing options...
tanny04 Posted September 5, 2015 Author Share Posted September 5, 2015 Just would like to say a massive thank you to all who has replied to my thread as I got myself in such a hissy about it all. My daughter is strong willed and is adamant about what she wants so I wont push her to do anything she doesn't want to do. Funny how some ppl change there attitude when an issue suits there needs...lol Link to comment Share on other sites More sharing options...
lebourvellec Posted September 5, 2015 Share Posted September 5, 2015 As he has a child under 18 he needs to list her as a non-migrating dependent on his application, all non-migrating dependants require medicals. This because there is a visa waiver in place for Child visas if in the future a child visa was applied for and they fail the medical a visa will still be granted using the waiver. People were abusing this waiver and listing family members as non-migrating that would fail the medical then applying for a visa using the waiver. He can not make you or your daughter get a medical and within your rights to refuse for her to get it done. This will just make his visa process longer. Your daughter having the medical done will not mean that she has an Australian visa, this is just for the admin side for his visa. Part of the medical for your daughter would require her to have a chest X-ray, personally I wouldn't want my children to have chest X-rays for someone else's visa application. If you need any further advice you could contact a registered migration agent. If it was me I would probably write a letter to Australia House in London stating that you are refusing your daughter to have the medical as a non-migrating dependent listing one of the reasons as he has a domestic violence conviction against you. He also requires to declare all criminal convictions on his application. Link to comment Share on other sites More sharing options...
Peachy Posted September 5, 2015 Share Posted September 5, 2015 As he has a child under 18 he needs to list her as a non-migrating dependent on his application, all non-migrating dependants require medicals. This because there is a visa waiver in place for Child visas if in the future a child visa was applied for and they fail the medical a visa will still be granted using the waiver. People were abusing this waiver and listing family members as non-migrating that would fail the medical then applying for a visa using the waiver. He can not make you or your daughter get a medical and within your rights to refuse for her to get it done. This will just make his visa process longer. Your daughter having the medical done will not mean that she has an Australian visa, this is just for the admin side for his visa. Part of the medical for your daughter would require her to have a chest X-ray, personally I wouldn't want my children to have chest X-rays for someone else's visa application. If you need any further advice you could contact a registered migration agent. If it was me I would probably write a letter to Australia House in London stating that you are refusing your daughter to have the medical as a non-migrating dependent listing one of the reasons as he has a domestic violence conviction against you. He also requires to declare all criminal convictions on his application. What is the age requirement on an xray for the medical? Not sure that she would have one. My kids are 7 and 9 and weren't asked to have them. Appreciate that this is a minor point in the scheme of things - lots of other reasons to refuse! Link to comment Share on other sites More sharing options...
ali Posted September 5, 2015 Share Posted September 5, 2015 What is the age requirement on an xray for the medical? Not sure that she would have one. My kids are 7 and 9 and weren't asked to have them. Appreciate that this is a minor point in the scheme of things - lots of other reasons to refuse! I think it's 11, my daughter was 11 and needed one whilst my son at 7 didn't Link to comment Share on other sites More sharing options...
Guest Posted September 5, 2015 Share Posted September 5, 2015 As he has a child under 18 he needs to list her as a non-migrating dependent on his application, all non-migrating dependants require medicals. This because there is a visa waiver in place for Child visas if in the future a child visa was applied for and they fail the medical a visa will still be granted using the waiver. People were abusing this waiver and listing family members as non-migrating that would fail the medical then applying for a visa using the waiver. He can not make you or your daughter get a medical and within your rights to refuse for her to get it done. This will just make his visa process longer. Your daughter having the medical done will not mean that she has an Australian visa, this is just for the admin side for his visa. Part of the medical for your daughter would require her to have a chest X-ray, personally I wouldn't want my children to have chest X-rays for someone else's visa application. If you need any further advice you could contact a registered migration agent. If it was me I would probably write a letter to Australia House in London stating that you are refusing your daughter to have the medical as a non-migrating dependent listing one of the reasons as he has a domestic violence conviction against you. He also requires to declare all criminal convictions on his application. Very sound advice I think. OP, if as you say her father has no real input or part in her life, does not contribute etc financially, I'd not be inclined in any way shape or form to sign anything or let her undertake a medical. What lebour has said about writing to Australia House I think makes sense. If you don't wish for her to undertake a medical you don't have to. People do decline to let their children undertake medicals for migrating ex spouses. I'd also say there are better placed people in your daughters life around you probably to care for her should something happen to you. Link to comment Share on other sites More sharing options...
Recommended Posts
Archived
This topic is now archived and is closed to further replies.