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Old 01-23-2007, 12:07 AM   #1 (permalink)
-Tking
 
Posts: 21
Default Step-family question

Hello All,

I'm just going through all the forms I have to fill in and noticed the
question where you have to list all your family members. Seems easy
enough, but then I started thinking (always a bad idea!). I will shortly
be applying for PR and have been speaking to my Mum about the
possibility of her moving over sometime in the future. However, I am
aware of the 'balance of family test' and this is what had me starting
to think about who I need to include as 'family'.

Basically, my parents have 3 kids (me, 1 brother and 1 sister) and have
been divorced for >20 years. Mum is single. Dad remarried but his wife
died about 10 years ago. She had a daughter from a previous marriage.
This daughter still lives in UK and has contact with my Dad - but he
never adopted her or anything. So, is she my step-sister or not?

If she is I will of course declare her on the form - but, this may stuff
up the 'balance of family test' for my Mum. At the moment, Mum is in UK
with my sister, but my brother lives elsewhere (Europe). Does my step-
sister get included in this equation at all - as she is no biological or
legal relation to any of us?

Hope this makes sense and I'd appreciate some input!

Thanks.
 

Old 01-23-2007, 05:57 AM   #2 (permalink)
CathnPaul
 
Posts: 1202
Default Re: Step-family question

> Hello All,
>
> I'm just going through all the forms I have to fill in and noticed the
> question where you have to list all your family members. Seems easy
> enough, but then I started thinking (always a bad idea!). I will
> shortly be applying for PR and have been speaking to my Mum about the
> possibility of her moving over sometime in the future. However, I am
> aware of the 'balance of family test' and this is what had me starting
> to think about who I need to include as 'family'.
>
> Basically, my parents have 3 kids (me, 1 brother and 1 sister) and
> have been divorced for >20 years. Mum is single. Dad remarried but
> his wife died about 10 years ago. She had a daughter from a previous
> marriage. This daughter still lives in UK and has contact with my
> Dad - but he never adopted her or anything. So, is she my step-
> sister or not?
>
> If she is I will of course declare her on the form - but, this may
> stuff up the 'balance of family test' for my Mum. At the moment, Mum
> is in UK with my sister, but my brother lives elsewhere (Europe). Does
> my step-sister get included in this equation at all - as she is no
> biological or legal relation to any of us?
>
> Hope this makes sense and I'd appreciate some input!
>
> Thanks.

I would send JAJ a PM, he is very good on this sort of thing.
 
Old 01-23-2007, 11:35 PM   #3 (permalink)
iNTERLINK
 
Posts: 19
Default Re: Step-family question

> I would send JAJ a PM, he is very good on this sort of thing.

Hi guys,

The definition of step child for migration purposes and with regard to a
parent visa states as follows:

"... a child of the parent who is not the natural or adopted child of
the parent but who is the natural or adopted child of the
parent�¢â�¬â�¢s current spouse..."

The operative word is current, the child, I seem to understand, is over
18 and your dad widowed so, for this purpose the child in question is
not your dad's step child therefore should not be included in the
balance of family test.

You should declare her on your application form but add an explanatory
note of the current situation ie: the child is over 18, the biological
mother passed away and the child was not adopted by your father.


Kind regards
Andre
 
Old 01-24-2007, 12:04 AM   #4 (permalink)
-Tking
 
Posts: 21
Default Re: Step-family question

> Hi guys,
>
> The definition of step child for migration purposes and with regard to
> a parent visa states as follows:
>
> "... a child of the parent who is not the natural or adopted child of
> the parent but who is the natural or adopted child of the
> parent�¢â�¬â�¢s current spouse..."
>
> The operative word is current, the child, I seem to understand, is
> over 18 and your dad widowed so, for this purpose the child in
> question is not your dad's step child therefore should not be included
> in the balance of family test.
>
> You should declare her on your application form but add an explanatory
> note of the current situation ie: the child is over 18, the biological
> mother passed away and the child was not adopted by your father.
>
>
> Kind regards
> Andre

Many thanks for your replies. I think I will do as suggested and put her
on the form but explain the situation in an attachment.

Thanks again.
 
Old 01-24-2007, 12:06 AM   #5 (permalink)
iNTERLINK
 
Posts: 19
Default Re: Step-family question

> Many thanks for your replies. I think I will do as suggested and put
> her on the form but explain the situation in an attachment.
>
> Thanks again.

Cheers and good luck

Kind regards
 
 


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