PHIZA

Hope there is someone out there that can make sense of this for me.

First a bit of background, My Missus was born in Oz, spent most of her life in UK, luckily for her married me 17 years ago, have since had 4 wonderful Kids :scared: and now planning to make the big move to Oz.
Both the Wife and the kids are Oz Citizens and qualify for passports so only me needs to get visa sorted!

Now to the problem.

I'm trying to fill in my Spouse Visa application form and have got a bit stuck.

Please bear with me as this may get confusing.

On question 34 it asks to give details of ALL family, Parents, Siblings, Children etc. It also asks you to tick a YES box or a NO box if they are migrating with you. Now strictly speaking the kids are not migrating with me but obviously are coming with me.

Question 35 asks if any of my family members who are migrating with me are under 18 years of age. If I answer yes to this then it starts asking that I either have a Stat Dec from my Missus stating that she is allowing the children to migrate with me or that I have a Court Order stating that I have sole legal right to determine where my children should live.
:scared:

It may seem obvious but could somebody who has been in a similar situation let me know how they interpreted this bit of the form??

Sorry if this was a bit long winded, and confusing but it just seems to be one of those things that the more I think about it the more confusing it gets!!!!

WBB

just been through this myself, i ticked the box to say they were migrating with me and explained in the "notes" bit at the back of the form what the scenario was.

good luck

bondipom

That is what I would suggest. Maybe include a certified copy of their passports or other evidence of Australian Citizenship.

WBB

we included the kids citizenship papers (certified copies) and this seems to of done the trick.

PHIZA

Thanks for the very swift responses .

Welshboybilly did you tick the Yes box at question 35 and make a reference note to see the enclosed copies of the citizenship papers and explanatory notes at the end? And then did you therefore not answer question 36 as it was not relevent?

Thanks again

WBB

as far as i remember that was what we did, good luck.

snowhite

Hi we are in the exact same situation .I and children have Aus passports ,husband getting visa .
We are using a migration agent who has just sent us our forms to sign and I checked both those questions to which they have not put the children or me down as we are not migrating.
sorry this in conflict with the other advice so you may need to check officially.

WBB

i think they get the drift of what you are saying at AHC, they deal with these things everyday and are this is probably a common problem, it is very confusing.

snowhite

Sorry thought I should add that our agent is also including copies of mine and the childrens passports .We are planning to take them with us although maybe on a seperate plane this time !!!!!

Jaykay

When my partner applied for his Spouse visa (which hehas had granted) he didn't put our daughter on the form as she is already an australian citizen (by descent).


Hope this helps.

Regards

WBB

but you must name them on the form as they are dependant on you???

bondipom

I am sure either method will not prevent the issue of a visa. As long as the kids are mentioned (they are evidence of a relationship) and that evidence of their citizenship is provided DIMIA will not blink an eye.

Jaykay

Sorry WBB, yes she was mentioned as a dependant but not that she was migrating.

Regards