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Guest milliebooboo

Medical checks for non migrating child...Nightmare

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Guest milliebooboo

My husband, 1 year old baby and myself are in the process of applying for a 176 visa. Ielts passed, skills assessment complete, case officer assigned. Then the bombshell.

My husband has a 12 year old daughter who he sees 2-3 times a year if hes lucky. Immigration are saying she is our dependant child but she isnt as her mother has legal custody. Anyway DIAC are saying she needs a medical even though she is not migrating with us. The problem is there is no way on this earth her mother will let her have a health check for the sake of us moving to Australia. We have hit a brick wall big time and dont know where to go from here, DIAC just keep telling me she has got to have the check end of storey. Has anyone else been in this situation?? please get in touch if you have, would love to hear how you delt with it.

Thanks Vicky :arghh:

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Guest Chinabird

Hi Vicky

 

We were in a similar situation as you are now. My stepson is estranged and we were worried he would refuse the medical too. He's 16 so needed the chest xray also.

 

Our agent told us that if he refused we were to seek advice from a solicitor who would write a letter explaining our plans. We said we would pay for the medical and xray which may help. We were also told a refusal was not the end there are ways around it.

 

We were fortunate that he agreed so no letter was needed. We did pay the fees as it was for us. We thought he would say no so your step daughters mum may surprise you. She will need to be present at the medical. It's worth asking her.

 

Are you using a migration agent? If so, tell them your concerns.

 

I will look back over my emails to see exactly what we were told. Feel free to pm me.

 

Ali.

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Hi Vicky

We had exactly the same situation - childs mum agreed to the medical but then would not let him attend the appointment on the day that we booked. We did a stat dec explaining how we had tried for the medical but our case officer wanted more! we are lucky to have a local JP as a neighbour who vouched for our account of events. we received our grant letter 1 week later. If you need to see our stat dec or statements, pm me and i will send you copies

Good luck, Donna:wink:


21/7/08 TRA sent 16/8/08 TRA said no!2/9/08 TRA round 2 - still no!11/12/08 everyone says no.13/2/09Vetassess yes! 14/4/09 vetasses passed15/4/09 applied 175 online plumber24/4/09 applied 176 wa -granted14/8/09 14/9co req pcc+meds-sent 22/9.met12/10 done it 22/1/10

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The child will need an x-ray if they are 12 years old. Offer to pay. As others have said, if the ex refuses ask them to put it in writing, you can then go to a solicitor and have a stat dec witnessed to show that you've tried every means possible to comply.

 

The reason that non migrating children have to have medicals, is that if something happened to the parent they're living with, the likelyhood of them then needing to join the other parent in Aus is increased.


I just want PIO to be a happy place where people are nice to each other and unicorns poop rainbows

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Hi Ali

 

No requirement for Chest X-ray for non-migrating children but most CO are not aware of this. I just helped another PIO member educate their case officer. She eventually rang DIAC and argued for half an hour about the X-Ray requirement armed with the PAM reference. She spoke with the CO's assistant, a customer advisor and a manager and all knew nothing about the x ray exemption. She asked to speak to a higher manager but could not get one to come to the phone but she was promised a reply within a couple of hours by email from a Manager. She then received an email from a Manager apologising for the incorrect information and the lack of response to her query and confirmation of the X-ray waiver.

 

The point of all this is that, as well as saving money, it makes it easier to talk custodial parents into consenting to the medical when there is no chest X-ray involved.

 

Regards

 

 

Tony


Anthony Coates MARN: 0601801

tonycoates@eircom.net

 

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Guest milliebooboo

Thanks all for your replys and further information. Unfortunatly the mother of the child is the most unreasonable, disgrace of a mother you would ever have the displeasure of meeting. There is no way in a million years she would let her daughter attend a medical or would she sign a stat dec form. DIAC have asked me for legal documents showing there has been a breakdown in relationships between the mother and my husband which i have e-mailed to them today.

I will keep you all posted. I feel that this problem wont go away very easily.

Thanks, Vicky.

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Thanks all for your replys and further information. Unfortunatly the mother of the child is the most unreasonable, disgrace of a mother you would ever have the displeasure of meeting. There is no way in a million years she would let her daughter attend a medical or would she sign a stat dec form. DIAC have asked me for legal documents showing there has been a breakdown in relationships between the mother and my husband which i have e-mailed to them today.

I will keep you all posted. I feel that this problem wont go away very easily.

Thanks, Vicky.

How did you get on? In the exact same situation right now.......even down to the evil bitch mother hell bent on being.....erm.......an evil bitch mother!

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Hi Vicky

We had exactly the same situation - childs mum agreed to the medical but then would not let him attend the appointment on the day that we booked. We did a stat dec explaining how we had tried for the medical but our case officer wanted more! we are lucky to have a local JP as a neighbour who vouched for our account of events. we received our grant letter 1 week later. If you need to see our stat dec or statements, pm me and i will send you copies

Good luck, Donna:wink:

 

Hi Donna

 

I just saw your post which posted on 2012, I have same situation as what you said here. would you be able to send me a copy of statutory declaration which you gave to Case officer, I will be appreciated if you could help me.

 

Regards

Mandy

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