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Guest guest48800

Rules regarding child dependants not on visa application

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Guest guest48800

Hello all,

 

Would appreciate any advice regarding our obligations with regard to our visa application and the fact that my husband has 2 children from a previous marriage.

If we're fortunate enough to get a visa it'll be just me, OH and our daughter making the move, his other 2 children will be remaining in the uk with their mum (we're assuming they would not want to come with us at this moment in time). What are our obligations regarding visa application, medicals etc? Any advice greatly appreciated, we're up against it trying to get everything we need submitted before the July criteria changes take place.

Thanks in advance :smile:

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Guest rebeccae

Diac will ask you to get child medicals even for non migrating kids.

If the mother objects you must prove to diac you have made every effort, keeping a log of attempts, times etc and fill out a stat dec.

It would be alot easier to take them for the medicals if you can. I had the same problem just a couple of months ago.

Wishing you the best of luck JIM

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Guest guest48800

Thank you for replying, thought this might be the case as it was mentioned to us yesterday, just wondered if anyone else was in the same situation as it's a difficult one to play and we thought it may put a stop on everything if their mum objects. Thanks again, E.

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We are in same position, my husband has 3 children from previous relationship,mother at first said yes no prob when he rang her, now she is saying no. How do we prove that we are trying if worst comes to worst? Does it involve solicitors letters etc or what?


TRA April 2011, Approved May 2011, WA SS lodged 31st May, SS approved 9th June DIAC Lodged 15 June 2011, Medicals25 July 2011 - CO 13 July 2011 - Visa Granted 3 August 2011 Whoop outta dat!!!! Flights Booked 1st June :biggrin:

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Hi all, I went through the same issues with my OH as he has kids from his previous marriage and they are not migrating with us. DIAC asked us to get medicals for the non-migrating children, their mother refused. Our case officer then asked us if we could get the mother, my OH's ex to write a letter stating that she had refused the medicals and why etc. She at least agreed to this (well, my OH wrote the letter in a way that he thought she would, and got her to sign it, that way we didn't have to wait for ages for her to get around to it). We sent that off to DIAC and our case officer then sent us a form my OH had to fill in, it's called an Acknowledgement of Understanding and just says that he understands that if any of his children want to migrate to Australia they, at the time of their application would still need medicals. It also asks him to confirm to the best of his knowledge that none of the kids have tubercolosis or any disease / illness / condition that would cost the Australian tax payer a lot of money. He also had to prove what measures he undertook to try and get the non-migrating children medicals (we assume, as the case officer did not ask for anything more, that the previous letter from his ex would be sufficient for this evidence).

 

We sent that form back last week and just waiting to hear back from the case officer. We were just glad that we didn't have to get solicitors involved. But from what I've read on PIO it can very much depend on who your case officer is in regards to what evidence they want if you can't do the non-migrating medicals.

 

Good luck.


Partner Visa (309) for my OH received by AH & payment taken 28/03/11, CO assigned & requested PC & meds 05/04/11, PC & meds sent 12/05/11, 309 visa granted 12/08/11. Started our new life in Brisbane 25/01/12.

:wubclub: 2nd stage paperwork received from DIAC 07/01/13, application submitted 04/03/13, 100 visa granted 27/04/13.

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