Hey folks,

My wife's parents are looking to migrate out to Oz on a contributory parent visa to be with us and their new grandson.

We've done all the homework and there isn't really an option for any other visa and we know they will have a few issues with the balance of family test for this one.

My wife has a brother in Canada and a half sister - my wife's father has a child from a previous marriage - in the UK (we think.) The half sister in question has not been in contact with her father or anyone on that side of her family for over 12 years and we are not actually sure where she lives at the moment.

I know that she will still be counted and classed as living in the UK as that's where my wife's father lives but it is very frustrating that this 38yr old woman who is nothing to do with them is currently the reason for them not being able to emmigrate.

As a last resort, they are looking at the possibility of disowning her legally as no one would really suffer through this course of action and they are desperate to be with their family here.

Has anyone ever done this and can anyone tell me whether this would mean that the half sister would be excluded from the balance of family calculations?

Don't think it would work. The rules are pretty tough for remaining relatives. Not sure if it applies to this visa too but I think the rules would be the same when doing the balance of family test.
Take a read of
http://britishexpats.com/forum/showthread.php?t=436080

Thanks for that Mark. I am aware that estrangement is insufficient grounds but am trying to ascertain whether legally removing a family member means they still need to be included in the application...?

You can divorce a spouse, but I know of no way to "divorce" a sibling or child.

But your opening statement is unclear:
My wife has a brother in Canada and a half sister - my wife's father has a child from a previous marriage - in the UK (we think.)

Is this person the child of your wife's father - or the child of his ex-wife?

Hi JAJ,

I am assured it's perfectly possible to divorce a child in the UK.

To confirm the situation, the half sister is a child of my wife's father.

I feel for you, sounds very complicated.

However I do feel they should try and track the daughter down and speak with her. This wont be easy but you can try via electorial roles etc.

Even if they did not want to be part of the family. It would be a hell of a shock to find out your father divorced you! This could affect her for the rest of her life, if she doesnt know the reason why.

Personally Im sure this is all been thought out. Just feel that the daughter in question may be very understanding if she is fully informed on the reasons you want to do it. Eg, it just for visa purposes.

Anyway good luck, sounds a very difficult process.

Gems

Whether you can or you can't has no effect under Migration Law - the only way to legally break a relationship would be through adoption while under 18. So the only question is whether your wife's half sister was adopted by your wife's father's ex-wife's new partner.

Regards


Tony Coates
MARN 0635896

Can I just add that me and my dad have just found each other after 12 years. We are now in the process of rebuilding a relationship with his family and him with mine. Don't presume that just because thay haven't seen each other for 10/12 yrs that they won't ever want to. Things change, you never know what's round the corner.

IMO, it would be a serious mistake even going down that route. That could do damage far beyond belief.

Sorry to cut in on your thread, but I have a similar question. My husband is an only child, his father has passed away and his mother has remarried a divorcee with two grown up married sons.

His mum is his last living relative (no aunts, uncles, cousins etc) and we always thought that if she ever became widowed again we would apply for her to come and join us in Oz. Would this be possible if she is left with her new husband's two sons?

Many thanks.

If you look at the legal definition of "Balance of Family" it says that no account should be taken of a step-child where the step-child had turned 18 before the step-parent married the parent of the step-child AND the relationship between the step parent and parent has ceased through death, divorce or permanent separation.

So from this definition I think your mother would meet the balance of family should she survive her current husband.

If any step children were under 18 at the time of the marriage, it looks bad - but it isn't. The Balance of family definition has been affected by a subsequent change in the definition of "step-child".

when a step-child has turned 18, they are no longer considered to be a step-child (for migration purposes) if there is no longer a relationship between the step-parent and parent. So the actual definition of Balance of family is misleading in this matter and has to be read in conjunction with the "step-child" definition.

Regards


Tony Coates
MARN 0635896

Thanks for this, much appreciated.

Hi Welshtony

I wonder if you could clear up one final query for us. The "step-children" were both over 18 when my husband's mother married. From your response above, does that mean that as they are not classed as step children, would we be able to begin an application for both his mother and step father, or can we only do this if they separate, divorce or if he passed away.

Thanks.

If he was part of the parent application, then the two children would count as his natural children so it would not come down to a stepchild assessment. If it did, then they would still be her step-children while their relationship was on-going.

Regards


Tony Coates
MARN 0635896

Sorry, one last thing, does that mean we can submit a parental application for her and not him, even though they are married?