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Guest JaneyP

Non Migrating Dependants Queries

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Guest JaneyP

Hi All

 

Another update with our saga. All documents are now complete, DIAC have cleared everything apart from a police certificate that is outstanding for my husbands non migrating daughter. The cheque has not cleared from weeks ago so I am assuming that her Mam did not send it and she will not answer my calls etc. Asked DIAC to proceed without as they have meds and everything else and highly unlikely she would want to move anyway. Hoped they would treat as they did with Xray i.e. get a police cert if she ever wanted to move.

 

This was their response:

 

 

Dear Client,

 

Thank you for your email in relation to your visa application under

Australia's General Skilled Migration program.

 

I confirm receipt of the documents provided.

 

Character checking applies to all family members, whether they are

migrating or not.

 

I noted that your non migrating child, XXXXXX will be 18 years of age on 01 June 2010.

 

XXXXXXXXX will not be considered as a member of your family unit after

the age of 18 unless you provide new evidence that she is wholly or

substantially reliant on you for financial support and she will countinue

to be wholly or substantially reliant on you for financial support after

June 2010.

 

I will review your application in June 2010.

 

 

Team 4

Adelaide Skilled Processing Centre

 

Please can anyone explain the last paragraph, we were assuming that as we got meds and everything done that the girls would be classed as still being part of our family unit. Does this mean that once she is 18, CO will grant Visa without police cert and without her named on the application as a family unit member?

 

After reading the financial support part, she lives away from us with her Mother and is a full tiime student at college. The only support we provide is through the child support agency. Does this count as substancial financial support & if we keep the payments up when she is 18 will they then class her as part of the family unit?

 

Any advice in this area would be appreciated

 

Regards

 

Jayne

NAME: The Pettys (JaneyP)

OCCUPATION: Bricklayer

Priority No. 5

DATE OF 175 VISA APPLICATION: 14/07/09 on line no agent

DATE SS GRANTED: 01/09/09

DATE MEDS & PC'S UPLOADED: 18/08/09

ADDITIONAL INFO: Vetasses successful 15/04/09

C/O: 16/03/10

16/03/10: We are non CSL 176 visa apps and we have been assigned a case officer today. Received an email requesting some further information.

My partner has two children to a previous relationship, they live further down the country and we hardly ever see them. Our CO is asking us to provide copies of their passports, one has to have a police check and they both have to have medicals. This will be extremely difficult due to the usual circumstances surrounding separation. Is this normal practice as they will not be migrating with us?

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I think your CO is trying to help you. Unless you prove that the 18 year old is dependent upon you, they would appear to be saying that she would not be a "non-migrating dependent" and therefore would not require medicals or PCC as part of your visa application. i.e. yes you would get your visa assuming everything else is in order.

 

If there is no chance of the daughter ever migrating or wanting to migrate, this would seem like an acceptable option. However if she does want to join you later, it would effectively rule that out unless she can get a visa in her own right.

 

By the way, you seem to have included your CO's name in your post. I believe that this is frowned upon by PIO admin and rightly so, so you might want to delete that.

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Just bumping this up for you Jayne...

 

Hopefully one of the agents or Gill might be along soon and perhaps be able to advise you on this one!!!

 

Cheers

 

Tasha:wubclub:


IjH5p1.png

Process started 11/10/08 - VISA GRANTED 29/07/11 ~ Hubby is a Plasterer and me, well I am just bored of waiting!!!

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Guest JaneyP

Thanks Tasha & pumpkin appreciate your advice

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Guest VickyMel

Hi Janey

You might make it clear whether you want the non-migrating daughter to be considered as dependent on you so that she might apply in the future. From the post on the other thread I was not clear on that?

 

If you are happy for her not to be included as dependant (and I imagine that will become increasingly difficult once she is over 18).

 

Then in order to get your visa processed swiftly is it possible to do a statutory declaration (I don't know?) stating that you have not been able to get the mother to do the police check in case this might speed up your visa?

 

I know if I was this close and knew that the daughter was not going to be migrating with us I would be tempted to try and get the visa sorted asap before any changes occur which may delay things.

 

VickyMel

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Guest JaneyP

Hi VickeyMel

 

I do not know the answer to your question, whilst I am sure my OH would prefer to have the gates left open for her in case circumstances change in the future, whether she will want to come or not is the million dollar question.

 

The mother has taken them for the meds and has provided copy birth certificates etc but has not sent police cert off and is currently avioding my calls.

 

For me there are 2 ways this can go.

 

Wait till she is 18 do not supply any financial evidence, then in June Visa approved by CO with eldest not as family unit

 

or

 

Keep trying to get police cert and send evidence of maintenance payments and agree to keep payments going past her 18th. She lives with her mother, attends full time college and has a part time job. Maintenance is not huge, will it be sufficient for CO to keep her on app as a family unit member or are we waisting valuable time on a no win situation.

 

This is the dilema, my OH will want to do the right thing for his 2 children to a previous relationship but might it be to the depriment of our visa application or are we wasting time

 

Hope this is more clear, it is hard to explain from my point of view

 

Regards

 

Jayne

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Guest VickyMel
Keep trying to get police cert and send evidence of maintenance payments and agree to keep payments going past her 18th. She lives with her mother, attends full time college and has a part time job. Maintenance is not huge, will it be sufficient for CO to keep her on app as a family unit member or are we waisting valuable time on a no win situation.

 

This is the dilema, my OH will want to do the right thing for his 2 children to a previous relationship but might it be to the depriment of our visa application or are we wasting time

 

 

Hopefully one of the agents will come on and answer this one - I have no idea but seem to recal there being some level of dependency and it would probably be worthwhile your finding out whether you paying a maintenance payment - when she is living with her mum and has a part time job as well is sufficient to keep her classified as dependent on you.

Because if it is not then maybe it is better to know now - so you can either adjust what you are doing in some way to keep her dependent - or get on with getting your visa sorted if it they will not consider her as dependent anyway.

 

Hopefully someone who knows the exact requirements will come along - good luck with it.

Vickymel

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Janey I think you need to be clear on the options for your OH's children. They are either on your application as:

 

1) Non-migrating dependents - I assume this is how they are shown in your application. This means they are deemed dependent and for that reason will have to do medicals and PCC (if over 16). They would not get a visa when you do though, however the door could be open to them applying for a separate child visa later (not too much later).

 

2) Migrating dependents - this means they are deemed dependent and will have to do medicals and PCC (if over 16). In this case they would get a visa when you do. Whether they choose to emmigrate or not is really a separate question. I assume that you have not put them down as migrating dependents as in that case you would have to obtain court / solicitor letters concerning rights to take them out of the country etc. and you have not mentioned doing this.

 

3) Not dependent - the 18 year old might be considered non dependent in June once she turns 18. This would mean that she does not have to do medicals or PCC. In this case, unlike in option 1) she would not be able to apply for a child visa in the future as you have already said she is not dependent.

 

You do keep mentioning them being in the "family unit". I am not entirely sure what relevance you are attaching to this, but just to be clear, they would only get a visa if you have put them down as migrating dependents as described above in option 2).

 

If your OH wants to keep the door open to the children applying for visas in the future then you need to at least keep them on the application as non-migrating dependents and then they might be able to apply for child visas in the future so long as they do not leave it too long.

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Guest JaneyP

Hi

 

Thankyou for your reply

 

You are correct in stating that both girls are recorded on the application as non migrating dependents. One is aged 13 and the other is 18 on the 1st June.

 

They have both had their meds done and copies of birth certs/passports etc have been sent to DIAC. The only document not received is the police check for the elder of the two and this has delayed our Visa grant. The mother is for whatever reason avoiding my calls to chase this document.

 

I am not sure of the process involved if either wish to move out at a later date. The youngest would definately not think about moving until she was over 18yrs so that is years down the line even if she ever thinks about it. The eldest has expressed some interest and this is where I am struggling to understand what I need to do.

 

Thanks

 

Jayne

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Right so the girls are on your visa as non migrating dependents at the moment. This makes sense as you would be looking at all kinds of court battles to get them on the visa as migrating dependents.

 

The siutation at the moment just means that, in the near future, if they remain dependent upon you, they may qualify and be able to apply for a separate child visa. That is all. Being on your application as non migrating dependents is not an open ended offer for them to come over at any point in the future and it does not mean that they have a visa. This opportunity to apply for their own child visa will run out once they are over 18 and no longer dependent upon you.

 

If you would however like to keep that option open to both of them for the next few years at least, then you should pursue the police check for the elder daughter and in June, provide evidence that she is still financially dependent upon you. Also, if she decides she would like to come over in say 3 years time, you would have to prove that she is still dependent upon you then as well, which could be quite hard in any case. It is more straight forward for the younger one, it would presumably be easy for her to get a child visa in the next five years, although once she is 18 then it would be harder as you would have to prove dependence again.

 

If you think there is no chance that the elder girl is likely to move to Australia in the near future and at such time that she is still dependent upon you, then you have nothing to lose by removing her from the "non-migrating dependents". You might as well just say she is 18 (when she is), she is not dependent and therefore it is not relevant to your application and you don't need to get a police check in that case.

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Guest JaneyP

Hi

 

Thank you that really makes sense now. As far as being financially dependent, I dont think I can say that she is at the present time. Both girls live 3.5 hours drive away from us, the oldest has a part time job and studies at college full time. The only financial support we give is through a child support agency and I dont know if this would be enough.

 

Thanks again

 

Jayne

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Hi

 

Thank you that really makes sense now. As far as being financially dependent, I dont think I can say that she is at the present time. Both girls live 3.5 hours drive away from us, the oldest has a part time job and studies at college full time. The only financial support we give is through a child support agency and I dont know if this would be enough.

 

Thanks again

 

Jayne

 

DIAC will always consider a child under 18 to be dependent. So at the moment they would both be considered dependent and if you had that PCC now, you might have been able to get the decision on your visas with them both down as non migrating dependents. But as I said, it wouldn't actually be helpful unless you could prove they are still dependent in the event they / you decide to apply for a child visa in the future.

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