AsadsBride

Hi All,

I have recently got the list of all the requirements from our CO asking to submit more proof of relations for our spouse visa submitted in London on 14/04, and I am not sure what else we can provide. We already provided them approx 3 kg of evidence which they think is not sufficient enough.

Also they have asked for more record showing our expenses and financial commitment. And being married recently on 31 dec 07 in pakistan we dont have any bills, joint accounts or any financials investments since we havent lived together at all.

In addition to this they have asked my police clearance certificate from Pakistan as well, I did submited a copy of my old one which I got in 2004 when I was applying for my PR and thought it might be just good for them to know. I didn know they want the PCC for me as a sponsor as well. Although I am here in Australia since more than 2 years now and dont live in Pakistan anymore. why do they want my PCC for PK (very strange)

On top there is this very strange requirement where they want the medical of my husband's 2 kids who no longer live with him since 3 years and stay with his EX in Canada. In addition to this we havent included them in our application as migrant.

Now i am totally confused what to do since the kids are in Canada with his EX and there is no way we can get the medical.

Is there someone with similar situation ?

I dont know what should we do. Is it becuase we both have pakistani nationality, do they think we are not geniune.

very upset, please assist

moneypenny20

I think you need expert help but the only thing I can comment on is the meds for the children. Even though they are not migrating with you, it's a legal requirement that they have the medical in case, at any future date for whatever reason they come to live with you. If you know they will never do that (there may be reasons) then you can get the children's mother to sign a stat dec stating why the children won't have a medical or something along those lines. If your husband has no contact with the children or the mother then he can sign a stat dec confirming this and that should keep DIAC happy.

However, considering your circumstances and judging by the amount of information you have already provided, I strongly suggest you contact a reputable migration expert and get their advice. It will probably cost you (although the first contact should be free) but it would be worth it to get the visa.

Good luck.

Pollyana

To add to what Moneypen has said, by the look of it you have only been married a short time, and you do say you haven't lived together at all, which is probably one reason why they are looking for more information, especially on the finance side. If you were both contributing money to a joint account for instance, it would show a joint financial commitment.
DIAC will want to be sure that you are in a committed relationship, and having completely separate finances doesn't quite "fit" with what they expect.

I would echo the advice to speak to a reputable agent.

AsadsBride

Thanks for the reply.

I just want to add in here, that since we got married recently in a visit to Pakistan last year on 31st december.

And the situation is that I live in Sydney since 2 years and he lives in London since the same period of time. Given the visa status we have for each country I cant open a account in UK or he in Au until we are at same location.

He is been contributing in my life since long by buying airline tickets, giving me money to spend on international visits and he has all the records of expensive gift listed in his credit card too.

Now before we decide we will get marry we were waiting for his divorce to get final it finalise on 27/12 and we married on 31/12 and cam back to AU that day only because I had to join my job in AU and apart from this Pakistan political situation was very worse during that period.

Now I could have chance to get marry to him in Australia or UK the only place we can marry was just Pakistan since we both have nationality of PK, however don’t live there

Medical of the kids we cant do it at all because of his EX, she will never allow him and provided if she knows about why they medical is for, she will mess around with our lives, which she has done at various instances.

On PCC from Pakistan I cant really work out, since when I was migrating I already provided them my PCC now as a sponsor why do they want this, I can get it but this will be an extra hassle.

I thought the case is pretty simple. And this is genuine that we love each other and are in the relationship since 1998.

My CO said that they don’t want copies of email, photo or any video tapes

This is really a worry

Pollyana

Have you sent them copies of any of the bills/credit card statements?

They probably want the Pakistani police check because you returned there for the marriage - I'm guessing, but thats the most likely reason.

The medicals - do a search on here for "non-migrating dependent" and you will see a lot of people in this position. There are ways round it as you will see.

In your position I would consult a registered agent. Give someone like George Lombard a call - he is in Sydney, all his contact details are on his posts on here. Tell him that you are from BE, and what the problems are, and see what he suggests.

AsadsBride

Thanks Pollyana,

I believe, the PCC requirement might not be for me since I am permanent resident and the letter says something like:

Undertake health examinations. You, any dependants (who are not Australian citizens) included in the application, and your sponsor if your sponsor is an eligible New Zealand citizen sponsor, should undertake;

• a radiological examination if aged 11 years or over; and
• a medical examination regardless of age; and
• a HIV test if aged 15 or over.

And I am not a New Zealand citizen, so I think they might not be asking for me but only my husband…..

And yes for the bills and credit card copies we have provided them all, its just a second thought, when we received the first email they said that our CO would be CO1 but then when we received requirements the CO was CO2, that means they change our change and she did not studies the case thoroughly and asked for more…..

What are you views?

Also calling George Lombard is no problem since I am already in Sydney but my husband has applied from UK do you think we need help from UK only or may be I did not get you…..

moneypenny20

Help is help, doesn't matter where it comes from. George does applications for people still in the UK - he's used to it but obviously it's cheaper to ring him from Sydney.

JAJ

That sounds like a mistake. Sponsor should not be asked to do medical and police checks (unless sponsor is an "eligible" NZ citizen, which is not the case here).

I strongly recommend professional assistance. Ian Harrop is probably best placed to assist, http://www.ianharrop.co.uk but George Lombard in Sydney could also handle a case like this.

AsadsBride

I still feel that they havent studied my case thoroughly.

I have friend who called her boyfriend on partner visa without any financials flowing since they never lived together and it approved.

With me I have married my husband legally and want to be with him all they need to give me is a chance.

I checked the migration agent, they are too expensive and I am the only one earning my husband is still looking for a job in UK

I think I get to get around this problem.

But there is not way the ex allow kids medical. she has chage the address even

Pollyana

As Moneypen said above, your husband will need to do a Stat Dec to state that he cannot get the medicals done, and the reason why

AsadsBride

You people are great thanks for contributing in this. Really appreciate.

For Stat Dec of friends we did form 888, if my husband has to write this declaration for the medical of the kids, is there any form available or he just needs to do it plain paper and get it attest by Lawyer or some one?

Any ideas or how its done, or theres any sample available?

moneypenny20

No he just needs to write a letter explaining the situation. Not sure if he needs to get it certified or not but guess it wouldn't hurt. The rules may be slightly different you but some people (British with children living in Britain) have had to get proof they've looked for the children or asked the other parent to provide a stat dec saying they won't allow the children to have meds. Don't know if you need to do this if they don't live in the same country.

I really think you need expert advice on all of this. You're getting stressed by it and imagining all sorts. Get professional advice and hopefully your mind will be put at rest.