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Hi

My mum has applied for aged parent visa 804. More than 50% of her children are Australian citizen. Even though due to my dad's sickness he wasn't added to the application, the immigration agent wants him to do a medical test which he will definitely fail. He doesn't have any contiguous disease but needs 24/7 care. My family members are taking care of him. The lawyer has advised us not to do a medical test for him even though the agent particularly said that he cannot take decision because my dad didn't do the test. Can anyone kindly advise what should I do?

Thanks

SR

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If you have a lawyer then ask him to explain

Edited by Marisawright

Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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Hi Marisa

My father is here in a medical visa and we are looking after him. I do have a lawyer but I was wondering if anyone has gone through the same scenario in here so that I have a first hand advise.

Thanks for your time.

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Best advice is through a MARA agent, I do not believe that in most cases there is any need for a lawyer.

Out of curiosity why do you have both? 

My thought would be to follow agent's advice and deal with consequences of medical onshore.

Good luck!

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I assume by "agent" the OP is referring to the Immigration case officer.  I'm not aware if you can refuse your father taking the medical check if it's required since I assume the plan is that your mother sponsor him for a partner visa in 5 years?  But if your lawyer is also a registered migration agent, I would follow their advice.

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Unless the Lawyer is also a Registered Migration Agent, they are not allowed to provide Immigration Advice.

Even though your father is not included in the application, if your mum and dad are still a couple, he is a non migrating family member and in most cases will need to pass medical requirements.

It sounds like you are already receiving conflicting advice from your Agent and your Lawyer. Trying to obtain advice on such a complex issue on a Public forum will only further confuse you.

 

 

  • Like 1

Raul T Senise

Registered Migration Agent

MARN 0636699

www.ozimmigration.com

"If you think it's expensive to hire a professional to do the job, wait until you hire an amateur."

 

 

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