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[B]dependant children not migrating[/B]

[B]dependant children not migrating[/B]

Old Apr 2nd 2006, 6:19 pm
  #1  
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Exclamation [B]dependant children not migrating[/B]

Hi
Just read that dependant children not migrating have to have meds too.
My partner has child from very awkard x wife who will prob kick up a right stink if we tell her we are emmigrating (just in filling out forms stage).
child is 9years old and we have regular contact every other weekend.
Is anyone else in this position? or can anyone offer any advice as what to do and what to put on forms???
need a drink!!!! or 2
julie...
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Old Apr 2nd 2006, 6:34 pm
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Default Re: [B]dependant children not migrating[/B]

Sorry I can't help you but I don't think you can do a BOLD heading by using B and /B.
All headings are the same
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Old Apr 2nd 2006, 6:59 pm
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by jandk
Hi
Just read that dependant children not migrating have to have meds too.
My partner has child from very awkard x wife who will prob kick up a right stink if we tell her we are emmigrating (just in filling out forms stage).
child is 9years old and we have regular contact every other weekend.
Is anyone else in this position? or can anyone offer any advice as what to do and what to put on forms???
DIMA will expect the children to have medicals unless you can prove that it's "unreasonable". Which will be difficult to do if you have regular contact (why not just take child for medical yourselves?)

At the same time, you should think about the quality of relationship you have with that child. What effect will your emigration have on the child? - age 9 is quite young for the child to be split from a parent he or she may be quite attached to.
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Old Apr 2nd 2006, 10:56 pm
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by jandk
Hi
Just read that dependant children not migrating have to have meds too.
My partner has child from very awkard x wife who will prob kick up a right stink if we tell her we are emmigrating (just in filling out forms stage).
child is 9years old and we have regular contact every other weekend.
Is anyone else in this position? or can anyone offer any advice as what to do and what to put on forms???
need a drink!!!! or 2
julie...
His ex can't stop anything but can complicate things. You can include her on the forms but would have to state she's not coming with you initially (I presume he'd want his daughter with him at a later stage if she so wished?).
Take daughter along for the medical you don't need permission as is her fathers child as well.
Dunno how he can tell her though must be very difficult for him! Hope he's thought this through fully
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Old Apr 2nd 2006, 11:32 pm
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Default Re: [B]dependant children not migrating[/B]

Hi Julie and Keith,


I'm in a similar situation, as in i'm leaving my 9 year old and 16 year old sons behind when i go to Oz in June. I went through the medicals process in January this year and yes your partner's child does need a medical even if they are not emigrating with you.

The Medical for my 9 year old was nothing heavy though. They do not require blood tests or chest x-ray. Just a simple check over by the immigration doctor. You will need the child's medical records from their GP though. You don't need his x-wife's consent for this, as he is the father. So his x-wife does not need to know about ANY of the immigration process until you wish to let her know.

Throughout this process you will struggle with people who insist on judging you and asking you whether you have thought about lots of different things, like leaving your child (which of course you have - probably many times over!). I have had the same thing for months now. Just ignore them and do what's right for you. After all only you can live your lives.

Best of luck!

Regards
Bob
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Old Apr 2nd 2006, 11:39 pm
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Default Re: [B]dependant children not migrating[/B]

I was in the same situation and it has worked out for me and I have a visa and still have a good relationship with the kids now that their mum can't interfere as much.

PM me if you haven't got the answers you need yet.

Good luck and it can work.
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Old Apr 2nd 2006, 11:47 pm
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by bobajob
Hi Julie and Keith,


I'm in a similar situation, as in i'm leaving my 9 year old and 16 year old sons behind when i go to Oz in June. I went through the medicals process in January this year and yes your partner's child does need a medical even if they are not emigrating with you.

The Medical for my 9 year old was nothing heavy though. They do not require blood tests or chest x-ray. Just a simple check over by the immigration doctor. You will need the child's medical records from their GP though. You don't need his x-wife's consent for this, as he is the father. So his x-wife does not need to know about ANY of the immigration process until you wish to let her know.

Throughout this process you will struggle with people who insist on judging you and asking you whether you have thought about lots of different things, like leaving your child (which of course you have - probably many times over!). I have had the same thing for months now. Just ignore them and do what's right for you. After all only you can live your lives.

Best of luck!

Regards
Bob
Bob who was judging? I said I hoped he'd thought it through and that it must be difficult but then you jumped right in and misinterpreted me.
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Old Apr 3rd 2006, 12:05 am
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by bobajob
Throughout this process you will struggle with people who insist on judging you and asking you whether you have thought about lots of different things, like leaving your child (which of course you have - probably many times over!). I have had the same thing for months now. Just ignore them and do what's right for you.
I think the last sentence should read "Just ignore them and do what's right for you and your child "
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Old Apr 3rd 2006, 3:17 am
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by jandk
Hi
Just read that dependant children not migrating have to have meds too.
My partner has child from very awkard x wife who will prob kick up a right stink if we tell her we are emmigrating (just in filling out forms stage).
child is 9years old and we have regular contact every other weekend.
Is anyone else in this position? or can anyone offer any advice as what to do and what to put on forms???
need a drink!!!! or 2
julie...

I had tis problem too!

My daughter refused to go with us and ran away to live with her dad against my will I add.

Her father demanded her name be taken off the visa application and said she would not be going with us.

I had to be very devious to get her to have a medical. I sweet talked my ex into agreeing but then he made it tricky and was trying to delay us all the time - I was furious but couldn't really let him know how important it was - so I devised a plan.

I suggested to ex and daughter that we spend a weekend together - luxury weekend all the trimmings ect as I would be emigrating shortly and wanted to spend some quality time with her. I then made the arrqngements for the medical and the holiday to coincide and didn't say anything till we set off for the holiday via the doctors. I was scared in case she regused - but put in the position I realised she would want the holiday (shouldn't buy kids but it had to happen that way) so it went ok!!!

Hope you go ok with yours!
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Old Apr 3rd 2006, 9:38 am
  #10  
Julie and keith
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Thumbs up Re: [B]dependant children not migrating[/B]

Thank you all for advice im sure there are lots of people in our position. no one can judge us as no one knows our situation and yes we have give it some serious thought!!!! so stop bickering!!!!!!
Im sure wen his child visits us in oz she wont want to go back home and as soon as she is old enough to make her own decisions she can decide if she would want to live out there with us. both our parents say they would bring her out for the school hols anyway.
As long as we dont have to tell his ex what is going on until we know we have our visas ( there is no point in upsetting the apple cart if we cant get in to oz)
My partner is a great dad and leaving her will of course saden us both, but we cant live our lifes for a child we see 4 days a month and by the time she is 18 we will be too old to emmigrate.
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Old Apr 3rd 2006, 11:58 am
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by jandk
Hi
Just read that dependant children not migrating have to have meds too.
My partner has child from very awkard x wife who will prob kick up a right stink if we tell her we are emmigrating (just in filling out forms stage).
child is 9years old and we have regular contact every other weekend.
Is anyone else in this position? or can anyone offer any advice as what to do and what to put on forms???
need a drink!!!! or 2
julie...
I find myself in exactly the same predicament as you and would like to share some advice I recently received. I explained to my migration agent that I had a very acrimonious divorce and that I am very confident my ex-wife will provide no cooperation, in any form, in arranging for a medical examination of my daughter (with whom I have no contact on her mothers insistence). He explained that this is a common problem that can be resolved. The intention is for me to send a request, by "registered" post, to my ex-wife explaining the process of applying for a visa and asking for assistance. Should this letter get a negative response, or no response at all, a copy of it will be included in my application. After a suitable period of time the migration agent intends to send another "registered" letter. He intends to diplomatically explain that the examination and visa application will in no way allow me to take my daughter out of the country without her mothers permission. Again a negative or nil response will be used as evidence. When the application for a visa is submitted a covering letter will be attached. It will explain the efforts we have made to arrange the medical examination. I can also offer to sign a waiver stating we I will not attempt to bring my daughter to Australia for a minimum period of five years under any circumstance. (I realise this last step is very drastic and needs careful consideration because of the potential complications should my ex-wife not be able to continue to be the primary carer for my daughter.) The migration agent is confident that by completing this process we will have displayed a suitable amount of effort in trying to meet the rules of the visa application. He went on to explain that a complication like this can be resolved but involves more effort and time than a simple application.

I realise that you are trying to keep your application a private matter but if you need a plan B maybe the route I am taking will help.

On a personal note I have struggled with both my conscience and heart in making the decision to try to emigrate and came to the same decision as you with exactly the same reasoning.

Kev….
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Old Apr 3rd 2006, 12:04 pm
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by kevnew1
I can also offer to sign a waiver stating we I will not attempt to bring my daughter to Australia for a minimum period of five years under any circumstance. (I realise this last step is very drastic and needs careful consideration because of the potential complications should my ex-wife not be able to continue to be the primary carer for my daughter.) .
I've never heard of such a "waiver" being required and I'm not convinced it would be legally enforceable in any case.

DIMA would take a dim view of you submitting an application for a Child visa immediately after arriving in Australia - unless a very good explanation was given, they would assume you had committed visa fraud and would probably cancel your PR.

However if there had been a non-forseeable change of circumstances, such as the death or incapacity of your "ex", then it should not be a problem to sponsor for a Child visa. Nor should it be a problem if you sponsor many years down the line, eg when she is 16.
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Old Apr 22nd 2006, 11:21 am
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Default Re: [B]dependant children not migrating[/B]

Originally Posted by kevnew1
I find myself in exactly the same predicament as you and would like to share some advice I recently received. I explained to my migration agent that I had a very acrimonious divorce and that I am very confident my ex-wife will provide no cooperation, in any form, in arranging for a medical examination of my daughter (with whom I have no contact on her mothers insistence). He explained that this is a common problem that can be resolved. The intention is for me to send a request, by "registered" post, to my ex-wife explaining the process of applying for a visa and asking for assistance. ...
This is similar to our approach. I had an unpleasant divorce and have not seen the kids, now aged 9 and 11, for 3 years. With our migration application we added a letter from my solicitor handling the divorce stating that 'in her professional opinion' my ex would not cooperate. However, the case officer asked just prior to finalising the case whether we had tried to obtain meds for the kids and if so to provide evidence.

My solicitor sent a recorded letter, including a stamped return addressed envelope, with details of the medical process, to my ex and I sent all the relevant 160/26 forms to her direct.

She replied with a no she would not cooperate. We followed this with another letter with another request and she refused again. The solicitor then wrote two stat decs, one written from her perspective and one from mine. I took mine to the Aus High Comission and had it witnessed by the consul, which made it valid under Australian law.

These were both sent to DIMIA and after a nail-biting wait (only a week) they accepted them and waived the meds requirement.

Flights booked and we leave in June!

Best of luck.
Antony
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