live2learn

Hi there,

I am about to receive my ACS results, did my IELTS and all set to apply for the Visa.

Now there is one hUUge problem that I am facing.

I am married and have a kid. My wife and I are separated for more than a year now and we don't talk nor communicate. Now, my 1 year old child is in her custody. We are separated but are NOT divorced yet.

I just have couple of questions:

1 - Do I have to include their details in my visa application. ( knowing, we are separated)
2 - Are they (wife and kid) now considered as my dependents ?
3- Do I have to submit/attach any document to prove to the visa officer that we are separated.

These questions are really killing me. Just donno what to do.

Any help would really add life to my life!

Janna and Nick

Hi Live2Learn,

You would have to add your son to your application as a dependant who is not migrating. He will still need to undergo a medical examination. This is nothing more than an examination by the doctor and listening to the heart/lungs etc.

As for your ex(wife) she will also need to be in included in your application and you will need to write a statutory declaration which states the name of your wife, date of marriage, and date of separation and if the separation is permanent you also need to state your intent to divorce or are in the process of this. I am not sure if your wife will be required to undergo a medical.

Your son is considered your dependant but I think your wife is just your spouse.

As for the documentation, a stat dec is all you need. This a document that has specific wording to legalise it and is signed by someone official. Most commonly a solicitor.

I hope this helps! Chin up, it is not impossible. But you may want to warn your wife about the medical for your son at some point. As I understand it, if you have parental responsibility for him (name is on the birth cert) you can compel her to let him have the medical.

Anything else you need feel free to ask!

WS

If your wife is not migrating with you I don't believe she will be included in your visa application.

live2learn

Thanks Janna and Nick,

Really appreciate your kind reply. Actually its my daughter who is just one and a half years old.

I can include my daughter's detail in my visa application. But I just don't wanna include any details about my wife as we are now separated. For which I am willing to write any declaration.

I don't want to even tell my ex about my immigration as she can create problems for me.

I just want my process of go smoothly. I have 4 questions Janna and Nick.

* Do you feel that medical is still required for my daughter who is an infant (just one and a half years old and in mother custody)
* Do I have to approach any legal office and all they've to do is put a legal stamp on the declaration.. is it?
* Do I also have to include such minor details as why we got separated and when etc?
* Also, Do you think it is ok if I simply choose the separated checkmark on the visa application and then attach the legal declaration along with the visa application?

Thanks in advance Janna and Nick! Now Just have these 4 questions

Janna and Nick

Don't know were I got son from! Apologies.... I must be away with the fairies!

I am 100% sure that you will need to have a medical for your daughter. There are other threads on here were people are immigrating without all their children (previous relationships etc) and are having to get uncooperative ex's to agree to a medical. It's nothing major just a check up by the doctor.

A justice of the peace will apparently sign your Stat Dec for free (I do not have first hand experience of this but understand that someone else has). It will need to be more or less like this doc, but just personalized to you.

As for your wife, you will have to include her details because you are still married to her. Technically she is still your wife and in theory you could actually still get back together and continue being a "happily married couple".

The statutory declaration is like giving testimony in court so giving false info would be committing perjury.

There is nothing that asks for the reason of separation. So just her name, date of marriage, date of separation and that it's permanent and you intend getting a divorce. The Australian Government want to make sure that they are not going to suddenly end up with another permanent resident they hadn't bargained on.

I don't think there is a way around this for you! Sorry!

Pollyana

You will have to tell her because your daughter will need a medical as a non-migrating dependent.
Don't you feel it is a little unfair on your daughter if you decide to disappear from her life without saying that you are emigrating?

Janna and Nick

Hi WS

You still have to put your spouse's details on the app and say that they are not immigrating with you because you are seperated and the date of marriage, date of seperation and whether it is permanent and a divorce will be obtained etc.

They are still legally your spouse until divorce.

WS

Thats quite different - you include her details on the form somewhere but she is not 'included' in the application as she is not migrating (she will not get a visa).

Janna and Nick

I wondered if that was what you meant after I'd replied. We're aware that she wouldn't get a visa but the OP doesn't even want to include her name on the app form. But he's not going to get arround it!

CarolineW

And the child support agency maybe..

live2learn

Thank you Janna,

So I've got 2 things to do.


First, I will have to get my daughter's medical check up and get the report which will include general condition about the heart beat, lungs etc...

Second, get my declaration prepared and signed by the authorities.

I have no intension of being with my wife again at all, but I surely miss my daughter so much. But this is life and I've to learn to live with it.

So I guess the above two things will get the job done.

And since we are separated, there is no need to attach the marriage contract just the declaration (stating that we are separated) will do the job... right?

live2learn

So the medical will be just a General check up... right? Nothing more and nothing complicated.

And of course I would love to tell my daughter about it but she is just an infant, just 1.5 years old. I wish I could tell her the whole thing. It is indeed painful but I've controlled my emotions.

Ok tell me, is there any law that says, only mother can have the child custody till the child reaches the mature age. That what my ex told me.

Sally Simpson

I would suggest very strongly that you get some advice from a lawyer well versed in family law for advice on that!

goldchoccycoin

Also, be aware that the medical HAS to be done by a panel doctor - specified by the Aussie department of immigration - it can't just be your local doctor.

Do a search on www.immi.gov.au for 'Panel Doctors UK' and find the closest (or cheapest) one to you.

NikiL

No, there is no UK law that states that, my stepson lives with me and his father for example. It is usually the situation that courts in a custody case hand down the judgement on the side of the mother however.