Can128

Hi guys, although i have been reading this website for a year now this
is my first post , so please be gentle!! I have found it a great
source of info for my defacto spouse application, so many thanks to
all of you!!

My application was sent off 1 week ago and i have an email back from
them asking for more info..... this is my situation in brief.....my
partner is australian and we want to both move there to live this
summer, we live in lincolnshire at the moment... and have done so for
nearly 3 years.... I have a 9yr old daughter from a previous
relationship, my ex remarried and moved and now I dont know where they
live, as a result I dont see either of them and have no contact..... I
am now being asked for my daughter to have a visa medical . This is
going to prove impossible, even if i manage to track them down, my ex
would never in a million years agree to having it done...

Can anyone tell me, how do I deal with this , has anyone had a similar
situation...I going to speak to australia house tomorrow and just wanted
some advice....

many thanks.

Tracemul7

> Hi guys, although i have been reading this website for a year now this
> is my first post , so please be gentle!! I have found it a great
> source of info for my defacto spouse application, so many thanks to
> all of you!!
>
> My application was sent off 1 week ago and i have an email back from
> them asking for more info..... this is my situation in brief.....my
> partner is australian and we want to both move there to live this
> summer, we live in lincolnshire at the moment... and have done so for
> nearly 3 years.... I have a 9yr old daughter from a previous
> relationship, my ex remarried and moved and now I dont know where they
> live, as a result I dont see either of them and have no contact..... I
> am now being asked for my daughter to have a visa medical . This is
> going to prove impossible, even if i manage to track them down, my ex
> would never in a million years agree to having it done...
>
> Can anyone tell me, how do I deal with this , has anyone had a similar
> situation...I going to speak to australia house tomorrow and just
> wanted some advice....
>
> many thanks.

Hiya Can128,

I read you post with interest, we are in almost identical situation.
I have Australian Visa and my husband is applying for spouse visa. he
has a 13yr old son from previous marriage, who we have contact order to
see. his mother keeps it strict and we are only allowed to see him
alternate weekends, friday night to sunday night.

She will not allow him to be taken for a medical, but how do we put this
forward in our visa application? we are in the process of completing our
application, and we have put it into his statutory declaration, but hope
this will not delay our application.

We hope to move this summer too - would be great if you could let me
know how you go on.

I did ask this before, and people seemed to say 'there's no way around
it', but your situation may be different, as you have no contact with
your daughter.

Sorry i'm not much help, but post back with more info when you have it.

Tracey

Can128

> Hiya Can128,
>
> I read you post with interest, we are in almost identical situation.
> I have Australian Visa and my husband is applying for spouse visa. he
> has a 13yr old son from previous marriage, who we have contact order
> to see. his mother keeps it strict and we are only allowed to see him
> alternate weekends, friday night to sunday night.
>
> She will not allow him to be taken for a medical, but how do we put
> this forward in our visa application? we are in the process of
> completing our application, and we have put it into his statutory
> declaration, but hope this will not delay our application.
>
> We hope to move this summer too - would be great if you could let me
> know how you go on.
>
> I did ask this before, and people seemed to say 'there's no way around
> it', but your situation may be different, as you have no contact with
> your daughter.
>
> Sorry i'm not much help, but post back with more info when you
> have it.
>
> Tracey

Hi Tracey, thanks for the reply , you sound in a very similar situation
to myself... I have done a search and read some old threads about this
issue , and there is quite alot of people in the same scenario.....

After speaking to my caseworker tomorrow I am desperatly hoping that I
will be able to do a stat dec , stating that I have no contact and that
I dont know where they live etc ... if I cant track them or get my ex to
agree to a medical then surely that cant stop my application..(can
it?)..its out of my control..

will let you know Tracey what my case worker says...

cheers, Craig.

Katsmajic

> Hi Tracey, thanks for the reply , you sound in a very similar
> situation to myself... I have done a search and read some old threads
> about this issue , and there is quite alot of people in the same
> scenario.....
>
> After speaking to my caseworker tomorrow I am desperatly hoping that I
> will be able to do a stat dec , stating that I have no contact and
> that I dont know where they live etc ... if I cant track them or get
> my ex to agree to a medical then surely that cant stop my
> application..(can it?)..its out of my control..
>
> will let you know Tracey what my case worker says...
>
> cheers, Craig.

We are in a similar situation, OH has a son who he hasnt seen for over 3
years now, his mothers moved, weve no idea where they live etc...weve
done a statement, all we can do is hope thatl be enough...

Jaj

> Hi guys, although i have been reading this website for a year now this
> is my first post , so please be gentle!! I have found it a great
> source of info for my defacto spouse application, so many thanks to
> all of you!!
>
> My application was sent off 1 week ago and i have an email back from
> them asking for more info..... this is my situation in brief.....my
> partner is australian and we want to both move there to live this
> summer, we live in lincolnshire at the moment... and have done so for
> nearly 3 years.... I have a 9yr old daughter from a previous
> relationship, my ex remarried and moved and now I dont know where they
> live, as a result I dont see either of them and have no contact..... I
> am now being asked for my daughter to have a visa medical . This is
> going to prove impossible, even if i manage to track them down, my ex
> would never in a million years agree to having it done...
>
> Can anyone tell me, how do I deal with this , has anyone had a similar
> situation...I going to speak to australia house tomorrow and just
> wanted some advice....
>
> many thanks.

DIMA can waive the medical request if it's "unreasonable" in the
circumstances. Now if you don't know where the child is then there's
really not a lot they can do to force a medical to take place.

As it's a spouse visa, there are appeal rights to the Migration Review
Tribunal and scope for an appeal to the Minister too (with support from
your partner's federal MP) but it will be easier for all concerned if
things don't come to that.

You should consider hiring an agent familiar with the processing culture
in London (if that's where you're applying to). Try Ian Harrop:
http://www.ianharrop.co.uk

How long has your partner lived in the UK and has he got permanent
resident status? He might want to consider obtaining British
citizenship (by naturalisation) if he doesn't already have that status.