Mort

Hi Mort here
I have two kids from a previous marriage. son is 16 in August this year, daughter is 12 in July this year.
Ex wife is the type that would have been chucked in a lake in Salem to see if she floated, she refuses to talk to me and has managed to poison my son against me, to the point that I haven't seen him for a year and half, though I still see my daughter every couple of weeks.
Me and OH in early stages of visa application and have a few more peculiarities which need ironing out but I have a question over the need for medicals on the kids.
Neither will be migrating with us, their mother would not allow it, so do I need to have medicals done for them both, or do i have to simply enter their details on the application form (136 visa) as dependent children who aren't included on the application for migration.
If I have to have medicals for my son then I may as well cancel any plans for Australia now, as there is no way he or his mother would agree to having them done. In fact if they knew how important the medicals are for us to secure a better life then the ex wife would ensure that she was as obstructive as possible.
Has anyone been in a similar position, is there a way around it? can I sign away any future rights for sponsorship of my son.
Any help/comments greatly appreciated.
Mort

JAJ

Both your children will need medicals unless you can persuade DIAC that it's "unreasonable" for them to be expected to do so. This depends on circumstances.

Regarding your son, you should hope they will understand that it's very difficult to force an unwilling 16 year old to do anything.

Needless to say, you should get professional assistance. Not all agents understand this area, so beware.

Mort

Morning

Being able to get the medicals done will be a nigh impossible task. I have been consulting an agent about other things, so I'll add this to the ever increasing list of 'hurdles'

Is this dependents medical requirement common to all visa types, do you know?

Is there any one else out there who has gone through a similar situation?

Thanks for giving the time to answer JAJ

Mort

Wendy

Yes it's a requirement for most types (if not all) of visa. There have been people that have got past this hurdle though, if you do a search you'll find a few. Your agent should be able to help you with it.

Mort

Thanks Wendy, will do a few checks

craig319

Hi, I'm just starting down the same road and have the exact same problem. Hope you dont mind, but I will keep an eye on this thread to see what comes up. If you do get any way round it, please post the information. Likewise, it's something I have to research, and if I get anything, I'll post it.
Craig

Tracemul7

hiya Mort,
me and my hubby are in the same boat.
hubby is applying for spouse visa, and his son, B, lives with his ex.
we fought for contact of B and are allowed to see him every fortnight from friday night to sunday night. no excptions, even for birthdays, xmas or anything else.
we send our application last week, and incuded in stat decs that we were unable to get a medical done for B. his mum will not allow it, and if she knew how important it was, she would make sure he never came on contact, in case we took him. medical centres only open during the week, so we cant go behind her back.
emailed another guy in same situation, and he has to waive all rights to brng his daughter into Oz, witnessed by solicitor.
i will post back here the result of our application. fingers crossed for us all!
Tracey

sparkiedoo

hi everyone i would like to invite u all to the ....BURNING OF MY WITCH .... i same problem no contact with my ex or my children they are u 16 too.... iam having the same probs re: the medicals

i will be keeping a keen eye on this thread to see what the out come is.....


thanks....... steve ...


ps. the burning starts at 12 midnight .....ALL WELCOME.

graham7

Hi,

Another issue i'd never thought of.
just seen that initial agents fees have been withdrawn from my account - It's begun !!!!!

Then i read this thread. I have two children living with my ex, i had not even thought that they would be involved in the process of the migration, as they would in no way be allowed to leave their mum.

Will be keeping a very keen eye on this thread.

graham

sparkiedoo

your going to OPEN A CAN OF WORMS .......GOODLUCK:curse:

hantsfamily1

I got my ex to write a letter signed in front of a solicitor confirming my 16 year old son refuses to take a medical as we have not got on for the past 18 months.

Mort

Hi Guys
Sitting in NE England looking out the window at rain so intense that animals lined up 2x2 should be getting on a big wooden boat! and in complete disbelief that a vengeful ex can have so much power over whether or not you can get to Oz.

Tracemul7, I'm a little pleased that you've found someone who's gotten round the problem (ish) but does that mean that their child can never get to Oz in the future? is that including visits to their Dad? how awful that you have to waive rights.
On top of that I thought I'd be able to sneakily get the meds done on my daughter on a weekend but even that seems out of the question if the centres are weekdays only.

Graham7, sorry to be the bearer of bad news mate but at least if you know the score you can start doing something about it, sooner rather than later.

Sparkiedoo, count me in, I've tried silver bullets/garlic/crucifixes/ even considered exorcism but the legacy of the ex carries on. it would suit me if I could talk to her, but only through a medium!

Hantsfamily, my problem is the ex won't speak to me (have no idea why), so getting her to sit with a solicitor when my son says he refuses to have a medical is not going to be the way forward for me. In fact she's going to be as awkward as possible, just for the hell of it.

Aaarrggghhh what a minefield!!!!!

Will post any news as soon as I get it.

Mort:curse:

JAJ

It's no possible to legally waive these rights. However if you do persuade DIAC that it's unreasonable for a child not to do medicals, and then immediately tried to sponsor the child as soon as you arrived in Australia, then they would probably cancel your visa on the grounds of fraud.

JAJ

It's not about them "leaving their mother". It might help a little if you understand the reason why this rule is in place.

Any natural child under 18 may be sponsored for a child visa (unless married), and child visas carry a health waiver. Skilled visas do not carry a health waiver. There is a "one fails, all fail" rule for medicals, so a child with a health problem can mean refusal of whole family's visa application.

If this rule was not in place, any child with a health problem could just be excluded from the application and then sponsored later on. So the statutory declaration you will have to do pretty much prevents this immediate sponsorship, as DIAC would then have enough evidence to cancel your own visa for fraud.

That said, if circumstances changed radically later on, (eg death or incapacity of the other parent) and you then wanted to sponsor children to migrate, it would not be a problem.

craig319

Hello all those having the same trouble with ex's. I have spoken to Australia House and they said I had 4 choices.
1. Do the medicals for the kids
2. Go to court and relinquish all parental responsibility
3. Have the kids adopted by ex's new partner/husband etc
4. Try my best to get the ex to give permission for the medicals, and if still no joy, then be able to prove you tried, by way of written proof/emails exchanged etc, and put this in a cover letter to go along with your application bits and pieces, then hope for the best.

Thats all I could get out of them. I hope it helps. Good luck to everyone.

Craig