Declined Migration to Oz on ruling on deceased wifes children.
#1
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HI CAN ANY ONE ADVISE ME ON VALIDITY OF THE FOLLOWING DECISION MADE ON MY REFUSAL ON
MIGRATION TO OZ BY THE IMMIGRATION DEPT IN UK. THEY HAVE RULED THAT MY DECEASED WIFES
CHILDREN EFFECT THE BALANCE OF THE FAMILY RULE.THE CHILDRENS BLOOD FATHER IS STILL
ALIVE, YET THEY SAY IT DOES NOT MATTER ALSO MY DEAD WIFES CHILDREN HAVE HAD NO
CONTACT WITH ME SINCE HER DEATH 4 YEARS AGO. MY SON MIGRATED 14 YEARS AGO TO OZ AND
HAS FULL CITIZEN SHIP,AND THE CHILDRENS AGES START FROM 35 YEARS AGE TO 44, IS THERE
ANY WAY THIS IS FAIR AS I HAVE NO LEAGAL RIGHTS TO MY WIFES EX CHILDREN, PLEASE CAN
ANYONE HELP WITH THIS QUESTION.
BRAVEHEART, GLASGOW.
MIGRATION TO OZ BY THE IMMIGRATION DEPT IN UK. THEY HAVE RULED THAT MY DECEASED WIFES
CHILDREN EFFECT THE BALANCE OF THE FAMILY RULE.THE CHILDRENS BLOOD FATHER IS STILL
ALIVE, YET THEY SAY IT DOES NOT MATTER ALSO MY DEAD WIFES CHILDREN HAVE HAD NO
CONTACT WITH ME SINCE HER DEATH 4 YEARS AGO. MY SON MIGRATED 14 YEARS AGO TO OZ AND
HAS FULL CITIZEN SHIP,AND THE CHILDRENS AGES START FROM 35 YEARS AGE TO 44, IS THERE
ANY WAY THIS IS FAIR AS I HAVE NO LEAGAL RIGHTS TO MY WIFES EX CHILDREN, PLEASE CAN
ANYONE HELP WITH THIS QUESTION.
BRAVEHEART, GLASGOW.
#2
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Stuart Firstly, please don't post in capitals. It's very bad manners in an
online forum (the equivalent of shouting), and normally people just won't
respond to you at all.
Step-children are generally included in the 'balance of family' test, whether you get
on with them or not. The Department are right to say it makes no difference whether
their blood father is still alive or not.
However, a step-child who was over 18 when you 'acquired' him by marriage does not
count if the marriage concerned has subsequently ended due to separation, divorce or
death. http://www.immi.gov.au/allforms/f-work.htm
So how old were your step-children when you married their mother?
Of course, even if you do pass the balance of family test, current Australian
government policy means you will have a very long wait for a visa, so I wouldn't get
your hopes up greatly in any case.
Jeremy
>On 9 Jun 2002 12:36:07 -0700, [email protected] (stuartgraham) wrote: HI
>CAN ANY ONE ADVISE ME ON VALIDITY OF THE FOLLOWING DECISION MADE ON MY REFUSAL ON
>MIGRATION TO OZ BY THE IMMIGRATION DEPT IN UK. THEY HAVE RULED THAT MY DECEASED
>WIFES CHILDREN EFFECT THE BALANCE OF THE FAMILY RULE.THE CHILDRENS BLOOD FATHER IS
>STILL ALIVE, YET THEY SAY IT DOES NOT MATTER ALSO MY DEAD WIFES CHILDREN HAVE HAD NO
>CONTACT WITH ME SINCE HER DEATH 4 YEARS AGO. MY SON MIGRATED 14 YEARS AGO TO OZ AND
>HAS FULL CITIZEN SHIP,AND THE CHILDRENS AGES START FROM 35 YEARS AGE TO 44, IS THERE
>ANY WAY THIS IS FAIR AS I HAVE NO LEAGAL RIGHTS TO MY WIFES EX CHILDREN, PLEASE CAN
>ANYONE HELP WITH THIS QUESTION.
>
>BRAVEHEART, GLASGOW.
online forum (the equivalent of shouting), and normally people just won't
respond to you at all.
Step-children are generally included in the 'balance of family' test, whether you get
on with them or not. The Department are right to say it makes no difference whether
their blood father is still alive or not.
However, a step-child who was over 18 when you 'acquired' him by marriage does not
count if the marriage concerned has subsequently ended due to separation, divorce or
death. http://www.immi.gov.au/allforms/f-work.htm
So how old were your step-children when you married their mother?
Of course, even if you do pass the balance of family test, current Australian
government policy means you will have a very long wait for a visa, so I wouldn't get
your hopes up greatly in any case.
Jeremy
>On 9 Jun 2002 12:36:07 -0700, [email protected] (stuartgraham) wrote: HI
>CAN ANY ONE ADVISE ME ON VALIDITY OF THE FOLLOWING DECISION MADE ON MY REFUSAL ON
>MIGRATION TO OZ BY THE IMMIGRATION DEPT IN UK. THEY HAVE RULED THAT MY DECEASED
>WIFES CHILDREN EFFECT THE BALANCE OF THE FAMILY RULE.THE CHILDRENS BLOOD FATHER IS
>STILL ALIVE, YET THEY SAY IT DOES NOT MATTER ALSO MY DEAD WIFES CHILDREN HAVE HAD NO
>CONTACT WITH ME SINCE HER DEATH 4 YEARS AGO. MY SON MIGRATED 14 YEARS AGO TO OZ AND
>HAS FULL CITIZEN SHIP,AND THE CHILDRENS AGES START FROM 35 YEARS AGE TO 44, IS THERE
>ANY WAY THIS IS FAIR AS I HAVE NO LEAGAL RIGHTS TO MY WIFES EX CHILDREN, PLEASE CAN
>ANYONE HELP WITH THIS QUESTION.
>
>BRAVEHEART, GLASGOW.