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Guest DanOh

Can non-Migrating dependent join us later?

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Guest DanOh

Any advice appreciated!! Am moving to Aus with new wife and baby, however I also have 14 year old child who lives with his mother, who won't let him have a medical. That's bearable as it doesn't affect my emigrating (she's done declaration) but I was keen that he might have the choice to join us later. Anyone had a similar issue and found a way through?? Getting his mother to agree to anything would be very hard.

 

Would he, if he wanted to join (and I had citizenship) be judged as an individual?

Does having half his family Perm Res make any difference?

Is it best if he joins us before he's 18? He's with his mum til 16.

 

Thank you, first post please excuse any obvious errors.

 

D

(May also have posted in Welcome by accident, sorry.)

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WE had same issue from different pont of view, can't get kids to do medical so we have had to do stat dec saying why and that we won't ask for them to join us. This is fine for our situation tho - although we are still waiting on our decision!

 

Not sure on the dec that his mum has signed but as far as I'm aware you don't need anything signed by her. So can he just do the medical anyway? At 14 she can't really stop him! If she is, is there a way that legally this can be over ridden so he can do medical if he wants to without his mums permission and come at a later date if he wants to. From a different point of view at 14 a child can decide who they want to live with and a parent can't stop them living with the other without a good reason like abuse so apply that principle to this how can she really stop him! Just remember you do need a passport for medical!

 

If not I think his only option is to go on his own visa when he is older, I don't think children can come on the back of parents visa when they are not dependent and by him not doing medicals you are signing away his ability to come while he is dependant.

 

Hope this helps!

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Guest DanOh

Thank you RB72, need to look into this more as that's what I'm worried about, feels like a small effort here would give him many more choices later. He's not sure what he wants but I'm keen not to sign away something so fundamental as the choice to join us!!

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No problem!

 

Do you think you could get him to do the medical anyway without his mum knowing? Not sure how the stat dec she has signed affects this and if it does if you can invalidate it! Not sure if you have a visa agent they can be good in giving advice and will have dealt with this before. We are using first contact, but we rang around a few, most will give you some free advice. I asked do you know how to deal with this situation and got the same opinion off all but one who was trying to scare me. I went with 1st contact because they had dealt with this successfully before and had also been recomended.

 

I think the fee was £1000 although you still affectively prep it yourself they do help with the stat decs etc so you word it for your situation. And its a no visa fee refund deal! As long as you don't fail on medical grounds and you do or try to do what the DIAC ask of you in relation to this or any other issue. If you really can't get the medical done you will need them to accept a stat dec off you saying why and that you won't ask him to join you- i know you don't want that but you won't get the visa without it if the medicals isn't done!

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Guest DanOh

Thanks again, you're absolutely right, that's exactly what's now happened - ie. no medical = stat dec from his mum accepted (wife Australian, me English) but now a form needs signing saying I realised no medical = no advantage should he wish to come to Australia in future, so he'll be effectively on his own in that regard... was/am tempted to get medical done, but concerned she would then block any future visits to us... will try and call around the agents and try 1st, first!

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I assume the stat from her is to say that she won't let him do the medical, this has never been mentioned to me but we would neve get my hubbys ex to sign anything that would help us.

 

little unsure what stage you're at? Have you been asked to do your medicals and have you given DIAC the stat dec from your ex? If you haven't then I think you would be able to get round if you son is willing to do the medical, not sure if they already have it what you can do. But i think it all centres on if your son is willing to do the medical against his mothers wishes and you can get his passport, as for future visits I don't think she can actually stop him at 14! But without knowing your timeline by the time you are in Oz he might not be that far off 16 and she can't stop him then and he will be able to get his own passport! But the visa agents will know exactly what you options are!

 

I hope you get sorted, I know how evil ex wives can be- we got told that ours was the worst in our baristers 40 year career but we still won so there is hope! Let me know how you get on!

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