[Gisela85]

Hi everyone,

I have a question about family test.

My mum is widowed and her husband passed away a few years ago.

My mum gave birth to me and my brother. My question is her deceased husband has a daughter who is over 30yo and has her family and kids.

Should she be counted as my mum's step child? On the immi website, it says stepchild should be the current partner's child, or under 18yo with parental responsibility. My mum is widowed, should her husband be her ex-partner? Not current i guess?

My understanding is she is my mum's ex-stepdaughter. She should not be counted. Can anyone let me know if i am right? Many thanks!!!

 

[wrussell]

"step-child " , in relation to a parent, means:

(a) a person who is not the child of the parent but who is the child of the parent's current spouse or de facto partner; or

(b) a person who is not the child of the parent but:

(i) who is the child of the parent's former spouse or former de facto partner; and

(ii) who has not turned 18; and

(iii) in relation to whom the parent has:

(A) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child's long-term or day-to-day care, welfare and development; or

(B) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.

 

[Gisela85]

"step-child " , in relation to a parent, means:

(a) a person who is not the child of the parent but who is the child of the parent's current spouse or de facto partner; or

(b) a person who is not the child of the parent but:

(i) who is the child of the parent's former spouse or former de facto partner; and

(ii) who has not turned 18; and

(iii) in relation to whom the parent has:

(A) a parenting order in force under the Family Law Act 1975 under which the parent is the person with whom a child is to live, or who is to be responsible for the child's long-term or day-to-day care, welfare and development; or

(B) guardianship or custody, whether jointly or otherwise, under a Commonwealth, State or Territory law or a law in force in a foreign country.

thank you for your reply. My question would be that given my mum's situation, does she need to write down her deceased husband as her current partner? Or former partner? She has not had any relationships since then.

Regarding the form 47PA, to fill out ---- "Your children (including step-children from both current and previous marriages/relationships and the child sponsoring this application)" --------should my mum include her deceased husband's child in this part of the form. If so, will this child be counted in the family test??

There is also a question------" 59 If you have a partner, give details of ALL your partner's family", Should my mum leave it blank, as she is a widow and doesn't have a partner at the moment.

Also to further question, on Form 40 there is ----"Part B - About the applicant's partner or former partner" Should I leave it blank or maybe fill my father's detail in instead of my mum's deceased husband's detail???

Thank you, just confused with how the term widow should work here.
I think by law when a partner deceased, the relationship naturally ends. even there is no divorce paper.

Thanks a lot.