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Lubz

143 - Police Clearance For Non Migrating Parent

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Hey everyone, 

I applied for visa 143 for mum back in Jan 2016. 

We received request for documents on 1st Nov 2019: form 80, police clearance, medical, AOS, etc

AOS bank guarantee submitted: 12/02

AOS application approved: 19/02

We thought the hard part was over, but this morning we received an email requesting for police clearance for my dad, who is not migrating. 

Now, mum and dad are still married, but living separately - not divorced, so no legal documents to prove separation. 

I dont know if dad will comply with the request to provide police clearance. Not sure why we need a police clearance for dad, when he is not part of the application? 

Can someone please advise? in cases of separation, would my mum still need to provide police clearance for dad?

thanks, 

L

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Hi Lubz,i guess it will be better if you can ask your dad to provide pcc because if they are not separated he lb considered a non migrating member so they need to see everything is perfect.

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5 hours ago, nitz said:

Hi Lubz,i guess it will be better if you can ask your dad to provide pcc because if they are not separated he lb considered a non migrating member so they need to see everything is perfect.

As they aren't divorced, the way they will look at it is that she is applying to come over as a single person but as soon as she lands she will put in a married partner visa application.

This way they can assess if that would be a risk before granting her a visa in the first place.

They have three options.

1) Divorce

2) Send on Dad's PCC

3) Don't send the police stuff and probably have the visa denied

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Thank you. It's going to be a challenge to get the documents, but I'll have to try. 

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2 hours ago, Ausvisitor said:

As they aren't divorced, the way they will look at it is that she is applying to come over as a single person but as soon as she lands she will put in a married partner visa application.

That is not the reason - a 143 holder is not permitted to sponsor someone for a partner visa for 5 years after their parent visa is granted, precisely to avoid people doing this. It was known as a "split visa application".

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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Thanks @paulhand

I'm stumped as to what to do. I'm thinking of emailing the immigration officer to ask why they want the PCC for my dad if he's not part of the application. 

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16 minutes ago, Lubz said:

Thanks @paulhand

I'm stumped as to what to do. I'm thinking of emailing the immigration officer to ask why they want the PCC for my dad if he's not part of the application. 

It's a visa requirement if he is still a member of your mother's family unit. 

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. Any comments relate to legislation and policy at date of post. 

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5 hours ago, Lubz said:

Thanks @paulhand

I'm stumped as to what to do. I'm thinking of emailing the immigration officer to ask why they want the PCC for my dad if he's not part of the application. 

Do you not have a relationship with your dad?  Surely if you do he would do something you ask as it’s important to you. Immigration need this, it’s the rules. Why would your father not help. 

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Thanks @Tulip1, I had a chat to him this morning. He's agreed to source police clearance documents. Hopefully, it will be the last of the hurdles we have to face

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