rumba

Hello all
I am sure something like this must have come up before, i am in the process of a 136 skilled visa and have just had my medical requested, they have also requested my child of 3 years who is not migrating also have a medical why is this as she is not emigrating???.
This wouldn't be too much of a problem but without going into too much detail i have a very bitter and twisted ex who makes it very difficult for me too see my daughter and she is also in South Africa for the next 2 months. If she knew that i couldn't get a visa if my daughter doesn't have the medical than she will do everything she can to stop it. There is no way she would take her for a medical as she would think that it would be for me to take my daughter with me but this is not the case.
Has anyone had any similar circumstances that could help me out with this.

debbiemc

hello rumbe, sorry to hear your predicament unfortunately she will have to have a medical, my step daughter isnt coming either but has had to have one. you'll best be taking advice from an agent who will be able to put you completely in the picture.

all the best
debbie

tonik25

Hi there, we had the same situation when applying for skilled migration a few years ago. They have to do a medical because there is every chance the child would need to come and live with you if anything happened to the parent the child is resident with. I guess they are just coveirng all bases.

My partner wrote a signed declaration which was witnessed by a solicitor saying that he has requested for the child to have a medical but his ex had refused. They were fine with that but this is going back two or threee years ago....they may have changed the rules since then...

Hope that helps.

Tonik

Australia_bound?

Hi
Take your daughter for a medical you don't need ex's permission as long as you have parental rights? Just book it and make sure it's on a day you have her. Once it's done there's nothing she can do to stop you and also will give your daughter options to follow you in the future if they wish to do so!
The alternative is to go the legal route and sign some kind of disclaimer, think you'd need to speak to an agent about this...

Good luck whatever you do

JAJ

DIMA expect *you* to take your daughter for a medical, if you have no custody or access rights then send proof of that and they may waive the requirement.

The reason a medical is demanded is that any natural child under 18 can be sponsored for a child visa, which carries a health waiver. And if this requirement didn't exist there would be a very easy way to bypass migration health requirements by excluding a child from the application and then immediately sponsoring for a child visa on arrival in Australia.

scotvness

I found myself in the same situation after applying for my spouse visa in 2004. Expecting to have the visa almost return of post, I instead had a letter from DIMA requesting that my son from a previous marriage (then aged 16 and who lived with the ex over 600 miles away) undergo medicals for the very reason that if anything happened to her (the ex) than I would become the sole parent and may apply for his immigration to Oz. Well… my world fell apart, my ex was going to love this, (I wont slate her now, you can make your own mind up).

I had no option but to contact her by phone and explain the situation – Wow!!, was I shocked, she seemed to sympathise, although she wouldn’t take him for a medical (too far to the nearest panel doctor), she did say that she would write to DIMA and explain her objection/refusal to the medical, which should have done it, …. At least I tried.

My next correspondence from DIMA was to inform me that they had received a letter from my ex informing them that he (my son) had life long medical conditions that would mean he would depend on care for the rest of his life, and that if anything ever happened to her, that there would be no one else to look after him…. (hey! This is 15 years after we divorced).

I then had to provide DIMA with statements from my son’s doctor about his condition etc, etc….. I didn’t even know who his doctor was, then after a lot of searching (cold calling) and a bit of luck, try persuading a doctor to hand over medical information about a condition that didn’t exist to a stranger. Ahhhhh.

To cut a long story short, and after a great deal of anger/drink/why, why, why/plots and thoughts of murder, DIMA to their credit could see I was trying my bloody hardest, and also that the ex form hell was being … well ‘less than helpful’ called me one day out of the blue and asked “how soon can you be in Australia” because your Visa is in the post. This whole episode extended our stay in the UK by six months, but being a believer in ‘fate’ we probably wouldn’t be where we are now in life, and that is very, very happy; so thanks ex-wife you F*&31g B6;0cH.

Regards

Scot
Please feel free to PM for any other info!

rumba

Thanks for all your help guys with all the info you have given me i think i know the plan of action to take, my case officer has already said i can have an extension on the time limit to the medical so i should be able to take her if i can get her booked in at short notice, my medical is on wednesday so i will explain the situation to them and i hope they will help me out.

katsmajic

how do you provide proof of having no contact?
my husband had contact with his son until he met & married me and dared to have another child..even though he had split with his sons mother 4 years before meeting me she refuses to allow contact, (he had every 3rd weekend until his son was 5 then nothing for almost 4 years, we tried a solicitor but as he doesnt have parental responsibility theres nothing we can do unless we spend £1000's in court and even then she doesnt have to comply) she has received a 'caution' from the police for harrasing me and my children, there is no way on earth she would let her son go for a medical, and would infact do everything in her power to cause us problems.. how do we prove that???
TIA

tonik25

You don't necessarily have to prove it with documentary evidence although it sounds like you might have some if she has been cautioned by the police. My partner had access rights to his child but didn't want to sneak the child off for a medical behind the mothers back. The mother refused to let the child go for a medical so my partner wrote a statement explaining the situation and had it signed by a solicitor. Like I said though this was about 3 years ago and they may be a bit more strict these days.

Elaine M

I guess if you have no evidence of non-contact and have to do a statutory declaration, at least DIMIA have that on your file; if down the line you were to apply for a child visa in the way that JAJ described, you'd then have to justify why you were doing so, given that you'd made a legal declaration in your original application that you had no contact.

If that makes sense?

Elaine

JAJ

If spouse has been awarded sole custody with no access provisions, then there will be some kind of court ruling in place => send a copy to DIMA.

katsmajic

Hi thanks for the replies,
we will have to go the Stat Dec route then when the time comes...the ex wasnt awarded sole custody, they just split, boy stayed with her, contact was mutual agreement for 4 years, until he married me...(im obviously a demon) we dont know where he lives any more and tracking them down would be a nightmare..a friend police officer has said i can get a 'letter' from police giving the result of the case against her..so that should help.
thanks again.

utopia

Hi Guys,

Just wondering if someone could possibly shed light on the medicals itself..
Do we need to take along medical cards? Or passports? What do we have to take along with us?

Any info is appreciated!

Thanks

Wendy

Hi

You need passports without a doubt. If you have any medical conditions, than try to get doctors reports to give them an idea that they are under control or what action plans are in place to control it.

Meds aren't as bad as most people think, so try not to worry about them