Bas

I am looking into migrating with my Australian wife of 12,5 years and our 4
children. We feel quite comfortable meeting the requirements. I just have a
single question to which I haven't been able to find a satisfactory answer
on the internet.

From http://www.australian-embassy.de/vis...migration.html

    >>Under current Australian migration legislation, generally it is a
    >>requirement in all migration visa categories that the visa applicant's
    >>dependent children meet health and character criteria, whether or not
    >>those children are included in the visa application. A migration visa
    >>cannot be granted if these criteria have not been satisfied.
Yes, current Australian migration legislation requires that ALL children
under 18 years of age of a migration applicant are required to meet health
requirements (and character requirements, if the child is 16 years of age or
more), IRRESPECTIVE of whether or not those children have been included in
the migration application. This means that you may be contacted and asked to
organise health (and character) checks for your children, even though they
have NOT applied to migrate to Australia. giving permission for the child to
migrate. Alternatively, the applicant would need to provide a certified copy
of a valid court order showing that they or their spouse has the legal right
to remove the child from the country. <<

This indicates all of our children will all need to have a medical check +
X-rays + blood test before we can finalise our visa application. Is this
correct? It is our plan and desire to obtain Australian passports for the
children prior to migrating. This would mean that the children would be able
to enter Australia at all times. But the medical exam indicates that if an
examination is held, one can also fail the examination. And that would
suggest that the application of a main applicant could be denied, whilst
nothing would be wrong with this applicant.
Can you tell me if it is true that our children will need to undergo the
medicals? Or am I wrong?
(ps, there is nothing wrong with the kids, there is no reason they should
fail the examination. It is an expensive and time-consuming effort though)

Kind regards,
Bas

AlmostBob

Kids are Australian
Get Australian citizenship recognised and get the passports,
my Australian son doesnt need the mnedicals for my Canadian wife to come to
Aus

--
If at first you dont succeed
try try try again
If at first you do succeed
try not to look surprised

_
"Bas" <[email protected]> wrote in message
news:[email protected]...
    > I am looking into migrating with my Australian wife of 12,5 years and our
4
    > children. We feel quite comfortable meeting the requirements. I just have
a
    > single question to which I haven't been able to find a satisfactory answer
    > on the internet.
    > From http://www.australian-embassy.de/vis...migration.html
    > >>Under current Australian migration legislation, generally it is a
    > >>requirement in all migration visa categories that the visa applicant's
    > >>dependent children meet health and character criteria, whether or not
    > >>those children are included in the visa application. A migration visa
    > >>cannot be granted if these criteria have not been satisfied.
    > Yes, current Australian migration legislation requires that ALL children
    > under 18 years of age of a migration applicant are required to meet health
    > requirements (and character requirements, if the child is 16 years of age
or
    > more), IRRESPECTIVE of whether or not those children have been included in
    > the migration application. This means that you may be contacted and asked
to
    > organise health (and character) checks for your children, even though they
    > have NOT applied to migrate to Australia. giving permission for the child
to
    > migrate. Alternatively, the applicant would need to provide a certified
copy
    > of a valid court order showing that they or their spouse has the legal
right
    > to remove the child from the country. <<
    > This indicates all of our children will all need to have a medical check +
    > X-rays + blood test before we can finalise our visa application. Is this
    > correct? It is our plan and desire to obtain Australian passports for the
    > children prior to migrating. This would mean that the children would be
able
    > to enter Australia at all times. But the medical exam indicates that if an
    > examination is held, one can also fail the examination. And that would
    > suggest that the application of a main applicant could be denied, whilst
    > nothing would be wrong with this applicant.
    > Can you tell me if it is true that our children will need to undergo the
    > medicals? Or am I wrong?
    > (ps, there is nothing wrong with the kids, there is no reason they should
    > fail the examination. It is an expensive and time-consuming effort though)
    > Kind regards,
    > Bas

Bas

Thanks AlmostBob,

That's exactly what we were thinking, but it seems that DIMIA has changed
that policy recently. I mean, the excerpt from the embassy website seems to
indicate that.

Anyway, thank you for your quick reply.

Bas

"AlmostBob" <[email protected]> schreef in bericht
news:j5qMf.5411$Cp4.923@edtnps90...
    > Kids are Australian
    > Get Australian citizenship recognised and get the passports,
    > my Australian son doesnt need the mnedicals for my Canadian wife to come
    > to
    > Aus
    > --
    > If at first you dont succeed
    > try try try again
    > If at first you do succeed
    > try not to look surprised
    > _
    > "Bas" <[email protected]> wrote in message
    > news:[email protected]...
    >> I am looking into migrating with my Australian wife of 12,5 years and our
    > 4
    >> children. We feel quite comfortable meeting the requirements. I just have
    > a
    >> single question to which I haven't been able to find a satisfactory
    >> answer
    >> on the internet.
    >> From http://www.australian-embassy.de/vis...migration.html
    >> >>Under current Australian migration legislation, generally it is a
    >> >>requirement in all migration visa categories that the visa applicant's
    >> >>dependent children meet health and character criteria, whether or not
    >> >>those children are included in the visa application. A migration visa
    >> >>cannot be granted if these criteria have not been satisfied.
    >> Yes, current Australian migration legislation requires that ALL children
    >> under 18 years of age of a migration applicant are required to meet
    >> health
    >> requirements (and character requirements, if the child is 16 years of age
    > or
    >> more), IRRESPECTIVE of whether or not those children have been included
    >> in
    >> the migration application. This means that you may be contacted and asked
    > to
    >> organise health (and character) checks for your children, even though
    >> they
    >> have NOT applied to migrate to Australia. giving permission for the child
    > to
    >> migrate. Alternatively, the applicant would need to provide a certified
    > copy
    >> of a valid court order showing that they or their spouse has the legal
    > right
    >> to remove the child from the country. <<
    >> This indicates all of our children will all need to have a medical check
    >> +
    >> X-rays + blood test before we can finalise our visa application. Is this
    >> correct? It is our plan and desire to obtain Australian passports for the
    >> children prior to migrating. This would mean that the children would be
    > able
    >> to enter Australia at all times. But the medical exam indicates that if
    >> an
    >> examination is held, one can also fail the examination. And that would
    >> suggest that the application of a main applicant could be denied, whilst
    >> nothing would be wrong with this applicant.
    >> Can you tell me if it is true that our children will need to undergo the
    >> medicals? Or am I wrong?
    >> (ps, there is nothing wrong with the kids, there is no reason they should
    >> fail the examination. It is an expensive and time-consuming effort
    >> though)
    >> Kind regards,
    >> Bas
    >

Jaj

Bas wrote:

    > Thanks AlmostBob,
    >
    > That's exactly what we were thinking, but it seems that DIMIA has changed
    > that policy recently. I mean, the excerpt from the embassy website seems
    > to indicate that.
    >
    > Anyway, thank you for your quick reply.
    >
    > Bas


DIMA has *not* changed its policy on Australian citizenship.

Download and read form 118 which explains the criteria to register your
children as Australians:
http://www.immi.gov.au/allforms/pdf/118.pdf

There are no medical criteria for registration of Australian citizenship by
descent.

If for some reason the children were not eligible for citizenship (eg if
your wife is Australian *by descent* herself and has never lived in
Australia) then yes they would need medicals to migrate to Australia. A
health waiver is available however.

Jaj

AlmostBob wrote:
    > Kids are Australian
    > Get Australian citizenship recognised and get the passports,

The child of an Australian citizen born overseas is normally *eligible* for
Australian citizenship, however the child does not become Australian until
an application for citizenship is made (within the time limit) and granted.

There is a difference.

Bas

"JAJ" <[email protected]> schreef in bericht
news:[email protected]...
    > AlmostBob wrote:
    >> Kids are Australian
    >> Get Australian citizenship recognised and get the passports,
    > The child of an Australian citizen born overseas is normally *eligible*
    > for
    > Australian citizenship, however the child does not become Australian until
    > an application for citizenship is made (within the time limit) and
    > granted.
    > There is a difference.

JAJ,

Thanks for your reply.

I agree with you. This is the path we've been looking at for the kids. They
need to be registered, and based upon that normally are eligible for
citizenship, and an Australian passport. But this is not what my quest is
for. They need to have a medical examination because they are my children
and it is ME who's applying for a spouse visa. Even if they wouldn't migrate
with us they would need to have the medical. That is what I find puzzling.

Bas

Jaj

Bas wrote:
    >
    > Thanks for your reply.
    >
    > I agree with you. This is the path we've been looking at for the kids.
    > They need to be registered, and based upon that normally are eligible for
    > citizenship, and an Australian passport. But this is not what my quest is
    > for. They need to have a medical examination because they are my children
    > and it is ME who's applying for a spouse visa. Even if they wouldn't
    > migrate with us they would need to have the medical. That is what I find
    > puzzling.
    >
    > Bas

Do the children have an Australian parent or not?

Non-migrating children do normally have to have a medical (in case they are
sponsored later) but this does *not* apply if they are Australian citizens.

Bas

"JAJ" <[email protected]> schreef in bericht
news:[email protected]...
    > Bas wrote:
    >> Thanks for your reply.
    >> I agree with you. This is the path we've been looking at for the kids.
    >> They need to be registered, and based upon that normally are eligible for
    >> citizenship, and an Australian passport. But this is not what my quest is
    >> for. They need to have a medical examination because they are my children
    >> and it is ME who's applying for a spouse visa. Even if they wouldn't
    >> migrate with us they would need to have the medical. That is what I find
    >> puzzling.
    >> Bas
    > Do the children have an Australian parent or not?
    > Non-migrating children do normally have to have a medical (in case they
    > are
    > sponsored later) but this does *not* apply if they are Australian
    > citizens.

Yes, my wife, their mother, is Australian. By birth.
Why do you think it does not apply ? The website is saying they do.

Jaj

Bas wrote:
    >> Do the children have an Australian parent or not?
    >> Non-migrating children do normally have to have a medical (in case they
    >> are
    >> sponsored later) but this does *not* apply if they are Australian
    >> citizens.
    >
    > Yes, my wife, their mother, is Australian. By birth.
    > Why do you think it does not apply ? The website is saying they do.


The children are not Australian unless they have been registered as
citizens. Have they got a citizenship certificate or Australian
passports?

The website is not a comprehensive guide to the law and policy. I have
never heard of medicals being demanded for Australian citizen children.

The person who put the website together may simply have forgotten that many
spouse visa applicants have Australian children.

Can't help much more, sorry, other than suggest you *write* to the embassy
and ask for clarification. If there is some local (probably illegal)
policy in Berlin requiring Australian children to have medicals then
clearly it would need to be raised with DIMA in Canberra.