Single Again

As my Spouse is not migrating with me and I am applying under the Labour agreement using Form 47ES,

Do I have to get my spouse to take the medicals Etc.
Surely not....there are no kids involved in this by the way.

Will the Stat Dec & statement be sufficient rather than me having to kreep around my spouse just in case I have to get them to the Doctors.

I can't be the first to have a change in marital harmony during the application process, or am I??

Moving on and under, Keep a place for me down there.

The Cahills

Now how could this be, surely not, I do hope your not starting to think she may just have been right after all!!!!!

Atticus

If your spouse is not migrating with you, then there is no need to have her included on your application. If however you have submitted your application, which included your wife then you would have to notify DIMIA of the changes, they will probably ask for clarification (or maybe not) - at this point I am not 100% sure what would happen next. But certainly at the early stages where you have not submitted your application and you are no longer with your spouse then there is no reason why you should include her.

all the best

andyfromus

Hi there,

I know many cases where defacto applications were approved even when the guy was married (not yet divorced) & applied for oz with his girlfriend as defacto & got visa approved.

Many cases are also there wherein people who were not yet divorced applied & got their visa approved. So you have nothing to fear my friend.

You can give an application to Dimia stating change of circumstances & why you dont want your spouse name to be included. That's All is needed.

Getting an name added is a tedious process as it requires proving relations etc where removing an name is an easy Task!!!!

Any comments from experts???

Andy

the good life

I dont know how you would stand on this one,
I have a mate who was in the same situation as yourself (different visa) last year, got a bit messy towards the end.
If your labour agreement has already been approved then i think (no expert here) that your spouse details would have been included.
My mates then wife, was still required to do the medical and both had to sign a stat dec stating that the split was amicable and she had no intension of joining him at a later date.
It was a long and drawn out process, as the wife, didnt see why she should help him if she wasnt going aswell and took forever to get an appointment for the medical, in the long run it would have been a lot easier for him to have left his wife in the application and let her have the visa.
Remember your visa is only valid for a certain amount of time and if it makes things easier for you, then this could be your option.

As I said I am no expert but I hope you can work things out.

George Lombard

Dear S.A.

It's not necessary for your wife to do a medical if you're separated. Obviously there are degrees of separation but if it's final then all you need to do is provide some evidence of that, even a stat dec on your side would normally do the trick. Not sure about TGL's mate's experience, but it doesn't sound normal DIMIA or ASPC procedure to my mind. If they requested this you should challenge it.

Cheers,

George Lombard

www.austimmigration.com.au

andyfromus

Hi George,

I have one question

What happens when a guy has applied for divorce & applies for migration as independent skilled applicant (alone without including wife name) & if the divorce proceeding would take 2-3 years to finalise or worse wife refuses to give divorce & the guy does not want to include his wife in migration form/does not want his wife to migrate with him. What will happen in this case.

1. Will Dimia insist on Divorce papers (In this case it will take 2-3 years) Does that mean that the applicant cannot migrate till his divorce is finalised & his visa is delayed till that time??

2. What if the wife refuses to give any stat declaration that she does not intend to migrate?

3. I have read in earlier replies on this forum that skilled independent appln is decided on skills of applicant & if he satisfies required points & other criteria like PCC & health, DIMIA would issue an Visa to him depending on persons included in application. In this case as he is is the sole applicant will DIMIA insist on getting some stat docu from wife/any other document & issue visa or matter will get delayed till divorce is finalised ?

Your valuable inputs shedding light on above points would be very helpful.

I hope there might be many case like this & would be grateful if these people share their experiences

Regards,

Andy

George Lombard

Hi Andy,

Divorce is irrelevant, it's the separation that's important. If you're separated there's nothing to get from her.

Cheers

George Lombard

www.austimmigration.com.au

the good life

Sorry if i upset anyone yesterday, just going on my mates experiences and the problems he had,
would you not have to be legally separated to exclude spouse from application.

victorgreen

Hi,

I think a statuatory declaration would even do even though one is not legally seperated

Victor

the good life

Hope i have got this right,

As long as He signs a stat dec stating he is separated, he can still leave the country, surely there is more to it than that.
Does the wife not have to agree to the same statement.

TGL

andyfromus

Hi Victor,

How can one make a statutory declaration when he is not seperated.

Andy

victorgreen

Andy,

I am sorry what i meant was that one can make a stat declaration if one is seperated

Victor

the good life

So what happens if he is not divorced or separated.

TGL

George Lombard

Then his wife does the medical and police clearances and you give DIMIA an explanation as to why she isn't migrating immediately.

Cheers,

George Lombard