Tracemul7

Hi anyone who can help,

I have permanent residency, and me and my husband is applying for a
spouse visa.

We are currently gathering evidence of our relationship, and doing our
stat decs etc.

My question is:
hubby has a son (13) from a previous marriage, who does not live with
us.
we are unable to get him to a medical examination (we only have him at
weekends, when doctors arent open, and his mum would never allow it). We
do have a contact order to see him, but i would not class him as a
dependant, as he will not be included in the application.
Do you think this will cause a problem for our application?

I am concerned that it will, and that his mother will delight in the
fact that we wouldnt get our visa. She wouldnt even allow my hubby to
see his son for his 13th bday!

Please help, because we dont want to waste any money if this will stop
our application.

Thanks, Tracey

Jaj

> Hi anyone who can help,
>
> I have permanent residency, and me and my husband is applying for a
> spouse visa.
>
> We are currently gathering evidence of our relationship, and doing our
> stat decs etc.
>
> My question is:
> hubby has a son (13) from a previous marriage, who does not live with
> us.
> we are unable to get him to a medical examination (we only have him at
> weekends, when doctors arent open, and his mum would never allow it).
> We do have a contact order to see him, but i would not class him as a
> dependant, as he will not be included in the application.
> Do you think this will cause a problem for our application?
>
> I am concerned that it will, and that his mother will delight in the
> fact that we wouldnt get our visa. She wouldnt even allow my hubby to
> see his son for his 13th bday!
>
> Please help, because we dont want to waste any money if this will stop
> our application.
>
> Thanks, Tracey

Sorry, your husband's son must be declared and do a medical unless you
can prove to DIMA it's "unreasonable" for him to be expected to do so.
That depends on circumstances.

And at age 13, he's close to the point at which a court will listen to
his own views rather than his mothers.

Seek professional assistance. If you are in the UK, then Ian Harrop is a
good option and he should be familiar with the processing culture in
London.
http://www.ianharrop.co.uk

Also - as you are not an Australian citizen, you will need to show
evidence that you are "usually resident" in Australia in order to
sponsor. This is interpreted differently by different DIMA offices.