Ling&Buzz

My partner has a 14 years old daughter from his previous marriage, she
is living with her mum at the moment. My partner apparently hasn't had a
proper relationship with her, also she is 14, a very difficult age, so
now she is refusing to do the medicals.

The agency basically says we are stuck, because by australia law, we
have do get my partner's dependant medical check done even the dependant
is not an applicant.

I wonder have anyone else come acroos this similar situation. We are
very depressed at the moment, didn't even think this could be a
problem. :huh:

Jaj

> My partner has a 14 years old daughter from his previous marriage, she
> is living with her mum at the moment. My partner apparently hasn't had
> a proper relationship with her, also she is 14, a very difficult age,
> so now she is refusing to do the medicals.
>
> The agency basically says we are stuck, because by australia law, we
> have do get my partner's dependant medical check done even the
> dependant is not an applicant.
>
> I wonder have anyone else come acroos this similar situation. We are
> very depressed at the moment, didn't even think this could be a
> problem. :huh:

DIMA can waive the medical requirement if it's "unreasonable" in the
circumstances.

Ling&Buzz

> DIMA can waive the medical requirement if it's "unreasonable" in the
> circumstances.

Thanks for reply, JAJ
Could you please tell me a bit more about 'unreasonable'?
Is our case 'unreasonable'?

Thanks
Ling

Ling&Buzz

> Thanks for reply, JAJ
> Could you please tell me a bit more about 'unreasonable'?
> Is our case 'unreasonable'?
>
> Thanks
> Ling

JAJ's reply has made me feel there is still a chance for us. God bless.

Please, is there anyone else have dealt with this before?

Louiselondon

> My partner has a 14 years old daughter from his previous marriage, she
> is living with her mum at the moment. My partner apparently hasn't had
> a proper relationship with her, also she is 14, a very difficult age,
> so now she is refusing to do the medicals.
>
> The agency basically says we are stuck, because by australia law, we
> have do get my partner's dependant medical check done even the
> dependant is not an applicant.
>
> I wonder have anyone else come acroos this similar situation. We are
> very depressed at the moment, didn't even think this could be a
> problem. :huh:

Id offer her an ipod or a new playstation, that might help to persuade
her.
Good luck
Louise

Ling&Buzz

> Id offer her an ipod or a new playstation, that might help to persuade
> her.
> Good luck
> Louise

we have actually bought her a laptop. It doesn't seem help though!
It is just difficult to be close to her.

Dondotone

> we have actually bought her a laptop. It doesn't seem help though!
> It is just difficult to be close to her.

We had a similar problem. My OH does not see his son, he lives in New
Zealand with his mother. Our agent told us to write a stat dec to detail
the circumstances and what active steps we had taken to request his son
undergo the meds.(we wrote letters to his ex with the request but did
not receive any reply from them). We detailed everything and submitted
it. Our agent says it will slow the process down and the CO will want to
know more when the time comes.

I would say you may slide through because technically your daughter is
of an age where she can make her own choices legally. If she refuses
then it would be unreasonable for her father to force her especially
since he is a part time father. If his ex would also write a stat dec to
confirm the daughters refusal then that would be a bonus. You will have
to cross your fingers and hope for the best.

If your daughter will not have the med and you get a visa grant without
it would she still be able to join you later? Maybe you
should find this out cause if it ruins her chances of changing her mind
later and coming to live out there at a later date maybe she will have
it done now so that she always has that option.

Maybe she is hurt that her Dad is leaving or scared of the Med she might
just need a little sensitivity or some explanation of what it all
involves. Good luck:thumbup:

Dondotone

Ling&Buzz

> DIMA can waive the medical requirement if it's "unreasonable" in the
> circumstances.

HI, JAJ,

I have sent you a private message. Hope to hear from you soon.

Ling&Buzz

> We had a similar problem. My OH does not see his son, he lives in New
> Zealand with his mother. Our agent told us to write a stat dec to
> detail the circumstances and what active steps we had taken to request
> his son undergo the meds.(we wrote letters to his ex with the request
> but did not receive any reply from them). We detailed everything and
> submitted it. Our agent says it will slow the process down and the CO
> will want to know more when the time comes.
>
> I would say you may slide through because technically your daughter is
> of an age where she can make her own choices legally. If she refuses
> then it would be unreasonable for her father to force her especially
> since he is a part time father. If his ex would also write a stat dec
> to confirm the daughters refusal then that would be a bonus. You will
> have to cross your fingers and hope for the best.
>
> If your daughter will not have the med and you get a visa grant
> without it would she still be able to join you later? Maybe
> you should find this out cause if it ruins her chances of changing her
> mind later and coming to live out there at a later date maybe she will
> have it done now so that she always has that option.
>
> Maybe she is hurt that her Dad is leaving or scared of the Med she
> might just need a little sensitivity or some explanation of what it
> all involves. Good luck:thumbup:
>
> Dondotone

Thanks SO MUCH Dondotone,

Fortunately my partner has got in touch with his ex wife and she has
been quite cooperative. She has explained the situation to his daughter
but apparently the girl is not interested in moving to austrlia at all.
So we will just have to do the stat dec then.

Thanks so much again. You have made my evening!

Ling&Buzz

Jaj

> We had a similar problem. My OH does not see his son, he lives in New
> Zealand with his mother. Our agent told us to write a stat dec to
> detail the circumstances and what active steps we had taken to request
> his son undergo the meds.(we wrote letters to his ex with the request
> but did not receive any reply from them). We detailed everything and
> submitted it. Our agent says it will slow the process down and the CO
> will want to know more when the time comes.
>
> I would say you may slide through because technically your daughter is
> of an age where she can make her own choices legally. If she refuses
> then it would be unreasonable for her father to force her especially
> since he is a part time father. If his ex would also write a stat dec
> to confirm the daughters refusal then that would be a bonus. You will
> have to cross your fingers and hope for the best.
>
> If your daughter will not have the med and you get a visa grant
> without it would she still be able to join you later? Maybe
> you should find this out cause if it ruins her chances of changing her
> mind later and coming to live out there at a later date maybe she will
> have it done now so that she always has that option.
>
> Maybe she is hurt that her Dad is leaving or scared of the Med she
> might just need a little sensitivity or some explanation of what it
> all involves. Good luck:thumbup:
>
> Dondotone

The rules about what is "unreasonable" are assessed case by case. Most
experienced agents should know these quite well.

What your agent says is pretty much correct. It complicates a case but
as long as it's properly explained, things normally work.



Technically she's not of such an age, but clearly it's not really
possible to "force" her to undertake a medical.




Unlike in Canada, there is no formal bar on unexamined dependents being
subsequently sponsored. HOWEVER, DIMA would take a dim view of any
sponsorship application in the near future if she didn't do medicals, as
it might indicate visa fraud and trigger cancellation provisions.

Of couse, in an unexpected situation like the other parent dying or
becoming incapacitated, it would be possible to sponsor the child
provided the rules for a child visa were met. Note that under current
rules (which could always change) it gets much harder to sponsor once
child turns 18.