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Can my spouse join me immediately?

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Old Feb 14th 2003, 12:54 am
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Default Can my spouse join me immediately?

Hi everyone,

I have just discovered this forum and am glad to see that there are other people like me, who are trying to suffle themselves and their families to the other side of the world! My wife and I hope to apply to migrate from the UK to Australia in the near future.

My question is: I am lucky in that I belong to a profession on the MODL, and can get sponsorship from an employer in Australia... but where does that leave my wife? Can she join me when I migrate? Or would I have to migrate, apply to become a permanent resident, and then apply for a spouse vise for her?

I have searched the forums, but not found the answer....

Any help would be greatly appreciated.

Keith.
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Old Feb 14th 2003, 1:21 am
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Default Re: Can my spouse join me immediately?

Keith

She would be included in your application as would any children and would get PR at the same time as you.

Nicstids
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Old Feb 14th 2003, 4:23 am
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Default Re: Can my spouse join me immediately?

Originally posted by Nicstids
She would be included in your application as would any children and would get PR at the same time as you.
An applicant's spouse may be included in one's PR application, whether he/she is employed or not.

Children of an applicant who are above a certain age must prove dependency on the applicant before they may be included in the application. Physical disability or full-time studies may be accepted as proof of financial dependency for migration purposes. Grown-up children who are working full time and drawing a salary may have more difficulty in being included with the parents' application.

More details on this are available from the DIMIA migration booklets/website.


Peter
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Old Feb 14th 2003, 8:21 pm
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Default Re: Can my spouse join me immediately?

Thanks for all your replies!

Keith.
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Old Feb 15th 2003, 1:13 pm
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Default Re: Can my spouse join me immediately?

    >On Fri, 14 Feb 2003 17:23:09 +0000, ptlabs wrote:
    >Originally posted by Nicstids
    >> She would be included in your application as would any children and
    >> would get PR at the same time as you.
    >>
    >An applicant's spouse may be included in one's PR application, whether
    >he/she is employed or not.

Separated spouses cannot be included.

Otherwise even if the spouse is not included on the application, he or
she must do medicals and police checks anyway. So it makes sense to
include ...


    >Children of an applicant who are above a certain age must prove
    >dependency on the applicant before they may be included in the
    >application. Physical disability or full-time studies may be accepted as
    >proof of financial dependency for migration purposes.

Above 18, the onus is on the applicant to prove dependency. There is
usually an absolute upper limit of 25 - except for an incapacitated
child, who would still be considered dependent. But such a child
would almost certainly cause the whole family to be refused visas on
health grounds.

The other thing to be careful of is children who turn 18 during
processing of the application. They must stay dependent right up to
the time of first arrival in Australia. There have been cases 18 year
old children have left full time education, anticipating that they
would re-start in Australia, only to be denied a visa when the rest of

the family was accepted.

Getting married, engaged or starting a de-facto relationship is also a
no-no for any child, even one under 18, if the plan is to go to
Australia as a dependent of parents who are applying visas.

Anyone who is in that situation should get professional advice
immediately. Even if it's too late to recover the situation and get
the 18 year old re-included on the existing application, the family
may be able to make it easier to sponsor the adult child later
depending on where in Australia they move to. The remaining relative
visa can also be a medium term option in such cases.

    >Grown-up children
    >who are working full time and drawing a salary may have more difficulty
    >in being included with the parents' application.
    >More details on this are available from the DIMIA migration
    >booklets/website.

Correct in both cases

Jeremy
This is not intended to be legal advice in any jurisdiction
 

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