bensdad Posted June 15, 2011 Share Posted June 15, 2011 Right i knew this was coming but it was put on the back burner until now, any help or advice would be greatly appreciated. My daughter is 17 , (18 in January) she has been subject to a residential order almost all her life and has always lived with her paternal grandmother (long story) we get on great but she is happy and settled in a relationship so much so she is refusing point blank to have a medical even though she is not coming and knows why it is needed etc. Her answer, she has always lived with her Nan and if anything happened to her Nan she would go and live with either her boyfriend or her mother (ex-wife) and that she has no desire to live with me and my wife not now or in the future. I have asked her to have the medical to no avail but she has said she would be happy to do a stat dec confirming her stance on this. Has anyone had this situation before? Any advice or help would be appreciated as we now have a Case Officer and i dont want to mess this up having come so far. Thanks Chris :dull: Link to comment Share on other sites More sharing options...
Guest paulacox Posted June 15, 2011 Share Posted June 15, 2011 Hi Chris This is like our daughter (18) , we came out in Aug 2009 to validate our visa, as we could not sell our house the flights were booked for the 4 of us, she told us she did not want to come she had a boyfriend, then told us she was having a baby, so the 3 of us came, to validate our visa, so her visa ran out in the Nov 2009, we sold the house ( took a big loss on it) arrived her Boxing Day 2009, our daughter had our grand daughter March 2010 and now lives with her nan, baby and boyfiend. You have to do what is best for you. People told us that we should have waited till she had the baby, but I told them how long do I wait a week, a month or a year. Dont think I would of come out after seeing our grand daughter and holding her. You cant put your live on hold good luck . Paula Link to comment Share on other sites More sharing options...
Guest Posted June 15, 2011 Share Posted June 15, 2011 Sounds to me like she is fully aware of what this means and is happy with her decision. And has decided where she would live if and when something happens to her grandmother. I think you may have to respect her choice and go with it. As hard as it may be. Australia isn't her dream and at 17, while still young and maybe not aware of the wider world and all it holds, she sounds like she is pretty set and settled. I knew at 17 I wanted to see the world and travel. Lots of my friends never left my hometown but were happy to stay. I was happy to leave. She may change her mind later on, but tbh, you can't live on 'what if' and 'maybe'. I'd proceed and if she ever does change her mind, cross that bridge when you come to it. Besides, there are always things like WHV and she has over a decade to put that to use. Link to comment Share on other sites More sharing options...
Guest Guest31881 Posted June 15, 2011 Share Posted June 15, 2011 Unfortunately if she has made up her mind there is not a lot you can do bout it, I think you will need a letter from her stating she has no intention of emigrating and she is refusing to take a medical. It is a shame when this happens because if she obtained a visa then she could visit and stay at any time. But kids will be kids, and i suppose we were just as stubborn when we were 17. Link to comment Share on other sites More sharing options...
bensdad Posted June 15, 2011 Author Share Posted June 15, 2011 Hi thanks for your replies, I have taken onboard that she does not want to move over with us, this was made very clear over 2 years ago, the problem i have is my Case Officer is insisting that she has the medical and police clearances done, to which she is refusing as she does not think it is necessary. I have told her that this could delay our application and she blatently replied with "give me your Case Officer's phone number I'll phone her and tell her straight!" LOL Yep we were all 17 once, hopefully a stat dec will suffice if not she is 18 in January and will no longer be a dependant. So does anyone have experience of this and will a stat dec do the job? Link to comment Share on other sites More sharing options...
bensdad Posted June 15, 2011 Author Share Posted June 15, 2011 Hi thanks for the info, she is down as non-migrating, she needs the PCC as she is over 16, i have double checked our application so i will get her to do a letter for me and hopefully this along with the acknowledgement will be enough. Also when you CO asks for more evidence do you send it direct via email or use the upload facility on the immi website? Thanks again Chris Link to comment Share on other sites More sharing options...
Guest WA Jezza Posted June 15, 2011 Share Posted June 15, 2011 Hi Chris I had a similar situation and without going in to too much detail both my kids said at first that they would not have their meds done, my son because he said he had no interest in Australia, my daughter for other reasons. To cut a very long story short, after many days and nights talking things over with them and explaining that even if they have no longing to go to Australia now, once they have validated their passports they would have four or five years to change their minds, and as explained, five years can change a great deal in one's life. I am pleased to say i have now gotten all our visas and the first two people to congratulate me were my kids, they also thanked me for keeping on at them to have included, even after this short space of time they have come to realise what a golden opportunity lies before them should they wish to travel to Oz. So, my advice would be, talk talk and talk some more to your daughter, explain what Australia will have to offer her and even if she does go out and still dislikes it she can always come back home again. I really wish you the best of luck with this one Chris and hope it all works out well for you, i know the despair you must be feeling right now, after you have come so far in the visa process all you need now is a smooth ending and not worry and concerns. All the best Jez Link to comment Share on other sites More sharing options...
Guest Smudger2go Posted June 15, 2011 Share Posted June 15, 2011 Sorry to jump on your post, I’ve been thinking about moving to Aus for several months now and going to start the ball rolling soon, am divorced, have two boys I rarely see (unfortunately), one is under 18. I would be emigrating alone but do my boys have to have a medical as well? The short of it is the Ex would never allow it or write/sign any letter.......:no: Link to comment Share on other sites More sharing options...
Guest kennmikp Posted June 15, 2011 Share Posted June 15, 2011 Sorry to jump on your post, I’ve been thinking about moving to Aus for several months now and going to start the ball rolling soon, am divorced, have two boys I rarely see (unfortunately), one is under 18. I would be emigrating alone but do my boys have to have a medical as well? The short of it is the Ex would never allow it or write/sign any letter.......:no: Surely if you are not taking your children with you they will not be part of the application process. I have 2 children under 18 from a previous marriage who will not be coming to Aus with me, i did not put them on my application, so no dramas!!! Link to comment Share on other sites More sharing options...
bensdad Posted June 15, 2011 Author Share Posted June 15, 2011 it is because they are dependants in the eye of the law and if something happened to their present guardian the child would need to live with you. this is the reason they insist so if anything happens and they have to come to you all the checks have already been done. with regards to my own position i am fine with the situation its just how to please the case officer who is requiring the info. hopefully the letter from my daughter will be sufficient. Link to comment Share on other sites More sharing options...
bensdad Posted June 15, 2011 Author Share Posted June 15, 2011 Surely if you are not taking your children with you they will not be part of the application process. I have 2 children under 18 from a previous marriage who will not be coming to Aus with me, i did not put them on my application, so no dramas!!! i think you need to look into this they are definately classed as non migrating dependants and must be listed on your application. Link to comment Share on other sites More sharing options...
Guest Smudger2go Posted June 15, 2011 Share Posted June 15, 2011 it is because they are dependants in the eye of the law and if something happened to their present guardian the child would need to live with you. this is the reason they insist so if anything happens and they have to come to you all the checks have already been done. with regards to my own position i am fine with the situation its just how to please the case officer who is requiring the info. hopefully the letter from my daughter will be sufficient. Thanks for that, that's a problem I will have to look at the Ex will do anything to mess me about.:arghh::arghh::arghh: I presume it will be only for my lad under 18, as over 18 would not be classed as a dependant? Link to comment Share on other sites More sharing options...
Guest kennmikp Posted June 15, 2011 Share Posted June 15, 2011 i think you need to look into this they are definately classed as non migrating dependants and must be listed on your application. Does your daughters grandmother have a partner?? and have they been apart of the supervision/care order from the start??? If there is a 2nd partner to her grandmother who has order rights then that should be the answer to the issue. If not then maybe you could be correct. How dependant on you is she??? Is it purely fiscal??? When do you plan to move??? If its pre her 18th b/day than maybe it could be an issue, if its post her 18th b/day in the eyes of the law she is no longer dependant on you in any way shape or form. My children are not coming and if anything should happen to my X then they have their step father or grand parents. good luck in getting the issue sorted. Link to comment Share on other sites More sharing options...
bensdad Posted June 15, 2011 Author Share Posted June 15, 2011 thanks good point , my mother is remarried and has always lived as a family unit as husband and wife with my daughter since birth, hopefully your right. Link to comment Share on other sites More sharing options...
bensdad Posted June 16, 2011 Author Share Posted June 16, 2011 Just an update my CO has emailed me saying that they are happy to accept a stat dec and a copy of my daughters passport in lieu of the medical and Pcc on the understanding that she knows the situation. Link to comment Share on other sites More sharing options...
Guest kennmikp Posted June 16, 2011 Share Posted June 16, 2011 Thats good news :wink: Link to comment Share on other sites More sharing options...
Watcher Posted June 17, 2011 Share Posted June 17, 2011 Surely if you are not taking your children with you they will not be part of the application process. I have 2 children under 18 from a previous marriage who will not be coming to Aus with me, i did not put them on my application, so no dramas!!! Do you mean you have not even declared them as non migrating family members? If you have not declared them at all you must do so or your application can be refused on basis of providing false or misleading information. Children under 18 whether living or migrating with you or not will generally have to do a medical for you to be granted a visa Regards Link to comment Share on other sites More sharing options...
bensdad Posted June 17, 2011 Author Share Posted June 17, 2011 That's what I was saying my daughter has always said she would not come but she still had to be listed as a non migrating dependent. Whether she is dependent or not if they are your child and under 18 they have to be included. That is why I have gone through this dilemma. Link to comment Share on other sites More sharing options...
Guest NeilEB Posted June 17, 2011 Share Posted June 17, 2011 Thanks for that, that's a problem I will have to look at the Ex will do anything to mess me about.:arghh::arghh::arghh: I presume it will be only for my lad under 18, as over 18 would not be classed as a dependant? Hi Smudge, I'm not an expert, but I'm led to believe that if you can prove that you have done everything you can to get a stat dec / medical and you are unable to get one, then the CO will accept that. You might want to get some proper advice though. Of course, if things are that bad between you and the ex, you could always sell it to her as it'll help you be 10,000 miles away from her...... Link to comment Share on other sites More sharing options...
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