British Expats

British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Non Migratory Dependents (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/non-migratory-dependents-431992/)

pam0512 Mar 10th 2007 12:17 am

Re: Non Migratory Dependents
 

Originally Posted by JAJ (Post 4503780)
Bear in mind that once he turns 18, he is no longer part of your "family unit" if you don't support him financially.

This is assessed at time your visa is decided, not when you applied in the first place. So if you are still arguing with your case officer and he turns 18 in the meantime, it ceases to be relevant.

Thanks JAJ, your response makes sense and has put our minds at rest. We are going to have medicals and pcc done without him and my hubby is going to complete a stat dec to say his son refused to attend and also to say we won't sopnser him for a child visa in the future (just to be safe!). I don't think the visa will be processed before he turns 18 at the beginning of May as it seems to be taking 4-6 weeks for the co to review the medicals etc.

Tracemul7 Mar 10th 2007 2:45 am

Re: Non Migratory Dependents
 
hey folks,

said i would update you all on our progress.

sent spouse visa on 28th feb.
on 6th march got a reply from case officer asking for more info. various things requested, including medical for his son, B, who lives with the witch, errrr i mean the ex :)

B will not be included in application, and she would never allow him to have a medical. we brought it up before and she went mad.

we have to fight to see B at weekends, and medical places only open during the week. she never lets us see him during the week, even for birthdays etc.

Anways. we spoke to the Ex, and said B needs to have a medical, even tho he's not included. she seemed fine about it (we nearly died of shock). we said we'd give her a copy of c/o's letter, as proof.

Picked B up yesterday night, and left her with copy of letter. B explained that she isnt going to allow medical because she has a 'friend' who works with legal stuff, and her 'friend' has called the australian comission in London, who has told them kids only have medicals if they are included in application. so she wont allow it.

So we're stuffed. Gonna go back to c/o and ask what proof we need to supply. how can we deal with someone so irrational?

Also, B's passport has expired, and she will not allow it to be renewed until we have gone to oz, coz she thinks we'll take him with us.

arrgggghhhh - what can we do????????

i have my mum, sister and nephew in oz, and my husband here, we want to all be together, and i cant believe my hubbies ex may stop this!!!!!!!!!!! :mad:

tracey
ps, sorry its so long

Bushpig Mar 10th 2007 3:06 am

Re: Non Migratory Dependents
 
I can't see what the ex wives problem is..............ow hang on a minute, child support stops when you leave the country!!!! good news for us as my step son is almost 18 and in "full time" education of which he goes to college 3 half days a week. so we have to keep paying, he has never worked a day in his life, nor the ex wife!!!!

I'm so sorry for all you with the problems, luckly for us she was quite helpful ( I think she wants him to come with us). As if going through the process isn't hard enough but to have witch pulling the strings, bitches!!!!

JAJ Mar 10th 2007 3:09 am

Re: Non Migratory Dependents
 

Originally Posted by Bushpig (Post 4504783)
I can't see what the ex wives problem is..............ow hang on a minute, child support stops when you leave the country!!!! good news for us as my step son is almost 18 and in "full time" education of which he goes to college 3 half days a week. so we have to keep paying, he has never worked a day in his life, nor the ex wife!!!!

Doesn't "child support" obligation in the United Kingdom cease at age 18 anyway?

JAJ Mar 10th 2007 3:11 am

Re: Non Migratory Dependents
 

Originally Posted by Tracemul7 (Post 4504751)

So we're stuffed. Gonna go back to c/o and ask what proof we need to supply. how can we deal with someone so irrational?

Also, B's passport has expired, and she will not allow it to be renewed until we have gone to oz, coz she thinks we'll take him with us.

arrgggghhhh - what can we do????????

i have my mum, sister and nephew in oz, and my husband here, we want to all be together, and i cant believe my hubbies ex may stop this!!!!!!!!!!! :mad:

You should get some professional advice. If you're in the UK and applying to London, then Ian Harrop is probably a good option: http://www.ianharrop.co.uk

Bear in mind that if your case officer acts unreasonably, as it's a spouse visa you do have a right of appeal to the Migration Review Tribunal and ultimately to the Minister.

Bushpig Mar 10th 2007 3:12 am

Re: Non Migratory Dependents
 
not if there "full time" education you get to pay till there 19! I just thought that full time ed was more then 15 hours a week! and it would be good if he actually tried for a part time job.

JAJ Mar 10th 2007 3:17 am

Re: Non Migratory Dependents
 

Originally Posted by Bushpig (Post 4504797)
not if there "full time" education you get to pay till there 19! I just thought that full time ed was more then 15 hours a week! and it would be good if he actually tried for a part time job.

Bear in mind that "full time education" for this purpose cannot be higher than A-Level standard:
http://www.csa.gov.uk/pdf/english/le...new/CSL101.pdf

Bushpig Mar 10th 2007 3:33 am

Re: Non Migratory Dependents
 
Thanks for that info, I had a read through it but couldn't see anything about the age of education, my husbands going to phone them again on mon,

JAJ Mar 10th 2007 5:01 am

Re: Non Migratory Dependents
 

Originally Posted by Bushpig (Post 4504824)
Thanks for that info, I had a read through it but couldn't see anything about the age of education, my husbands going to phone them again on mon,

If you look on page 5 you should see the following:

"child : for child support purposes, someone is a child if they are:

• under 16; or
• between 16 and 19 inclusive and in full-time, non-advanced education. This is doing a course that is not higher than A level standard."


Also bear in mind that the DIAC standard of "dependency" for children aged 18 or over is quite strict and paying child support in itself might not be enough to make a child that age still "dependent" on you. Get professional advice.

sparkiedoo Mar 10th 2007 8:18 am

Re: Non Migratory Dependents
 

Originally Posted by JAJ (Post 4504999)
If you look on page 5 you should see the following:

"child : for child support purposes, someone is a child if they are:

• under 16; or
• between 16 and 19 inclusive and in full-time, non-advanced education. This is doing a course that is not higher than A level standard."


Also bear in mind that the DIAC standard of "dependency" for children aged 18 or over is quite strict and paying child support in itself might not be enough to make a child that age still "dependent" on you. Get professional advice.

so let me get it straight , if you are not taking your children under the age of 16 to australia with you , you dont need a medical or to mention them on your forms ????

medwaymark Mar 10th 2007 8:21 am

Re: Non Migratory Dependents
 

Originally Posted by Bushpig (Post 4504783)
ow hang on a minute, child support stops when you leave the country!!!!

Unfortunately, the ex can apply to the Australian Child Support Agency.....

craig319 Mar 10th 2007 8:25 am

Re: Non Migratory Dependents
 
Lets hope the ex's dont find out. LOL!!!

sparkiedoo Mar 10th 2007 8:55 am

Re: Non Migratory Dependents
 

Originally Posted by medwaymark (Post 4505390)
Unfortunately, the ex can apply to the Australian Child Support Agency.....

how s that possable :( have u got any info on that :thumbup:

comet555 Mar 10th 2007 9:01 am

Re: Non Migratory Dependents
 

Originally Posted by sparkiedoo (Post 4505385)
so let me get it straight , if you are not taking your children under the age of 16 to australia with you , you dont need a medical or to mention them on your forms ????

The link JAJ provided was a UK publication. It has nothing to do with Australia immigration (and wasn't intended as such). Read the post carefully, you'll see what i mean.

So yes... you do need to mention them on the forms, and yes you do need a medical. The rest of this topic sheds more light into the whole thing.

medwaymark Mar 11th 2007 9:21 pm

Re: Non Migratory Dependents
 

Originally Posted by sparkiedoo (Post 4505449)
how s that possable :( have u got any info on that :thumbup:

Have a look at....

http://www.csa.gov.uk/new/faq/newapp.asp#Q8

and.....

http://www.csa.gov.au/international/general.aspx

I would be better off even if the ex did apply through the Australian system cos I am on Old Rules CSA and they are bleeding me dry!


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