Hi..Can someone help me to solve my problem? Im married and now separated.We have 2 year old kid(boy) now living with my wife. IM seeking legal custody of my kid and right now im giving maintenance for the kid.
Recently, I got the state nomination sponsorship , and now i want to apply for the PR. So in the visa application how should i indicate my status, ? as separated? May be in the future if i got the legal custody of my kid, can take him to Australia?
if i put as separated, do i have to get medicals of my wife and kid?
Hi Suresh, you need to put yourself as seperated or divorced (if the divorce is final). I don't believe you need to include a medical from your wife, but you will need to get a medical for your child.
If in the future you get legal custody, there are options to bring your children to Australia I believe however I am not familiar with the process, so hopefully somebody else can chip in.
Hello suresh welcome to the forum, as mentioned above from Kmarees yes you need to put down your separated as this is your status at present ( the time of application), once your divorce comes through and you have the final decree nisi to say your legally divorced you need to inform the department especially if it comes through before your visa has being granted.
As far as medicals go any child that your responsible for and this does include a partners child ( if she is on your application) who is under 18 years of age has to have a medical, the only problem is this can get a little difficult especially as your wife has to agree to this. If your wife allows your son to have the medicals and things are all ok then dont assume this will allow your son to automatically come to Australia it doesnt the reason i understand is because the child is under 18 if something happens to your wife then you are still responsible for the boy he is still classed as an independent because he is under 18 yrs. Hope this helps
Sorry..I think im confused. you mean...
However there is a chance that i can get the medicals of my kid..
- If I put the status as separated do i have to include wife and kid to the application?
- If im planning to get the legal custody of the kid in the near future, do i have to include my kid to the application? and do i have to submit any documents about my separation, as im including only my kid to the application? Do i have to inform that im currently paying my kids maintenance? Do i have to include medicals only for me and my kid?
-what if i didnt get the legal custody of my kid, assuming that my kid was there in my visa application?
-According to my current situation is there a possibility of rejecting my application, due to the relationship issue?
Sorry, if im asking the same question just becoz i didnt understand it properly..
Sorry..I think im confused. you mean...
However there is a chance that i can get the medicals of my kid..
- If I put the status as separated do i have to include wife and kid to the application?
- If im planning to get the legal custody of the kid in the near future, do i have to include my kid to the application? and do i have to submit any documents about my separation, as im including only my kid to the application? Do i have to inform that im currently paying my kids maintenance? Do i have to include medicals only for me and my kid?
-what if i didnt get the legal custody of my kid, assuming that my kid was there in my visa application?
-According to my current situation is there a possibility of rejecting my application, due to the relationship issue?
Sorry, if im asking the same question just becoz i didnt understand it properly..
Yes. If your child is not migrating, you list the child as a "Non-migrating dependent." You WILL have to get the child a medical exam by one of the doctors DIAC specifies whether or not the child goes with you right now. It's mandatory.
Are you separated from your wife, or divorced? Separated means you are still legally married. Divorced means you are not.
If you are divorced from your wife she does not need to be put on your application. If you are still married, I am not sure. I am pretty sure you'd either have to get divorced or include her on your application as well. You might want to ask DIAC or a migration agent what you need to do if you are not actually divorced.
- If im planning to get the legal custody of the kid in the near future, do i have to include my kid to the application? and do i have to submit any documents about my separation, as im including only my kid to the application? Do i have to inform that im currently paying my kids maintenance? Do i have to include medicals only for me and my kid?
Your child needs to be included on your application as a non-migrating dependent if he is not coming over with you. If you are separated, I *think* you don't have to provide evidence of that, but would have to include your wife on your application. If you are divorced, I *think* you would have to provide evidence of that but your wife would not need to be included. Again, I'm very unsure. This is not a question we get here often.
I don't believe you'd need to provide evidence of financial maintenance for your child, but I'm not sure.
Medicals will have to be done for both you and your child. If you end up having to include your wife on your application because you are not divorced, she would need a medical as well.
-what if i didnt get the legal custody of my kid, assuming that my kid was there in my visa application?
-According to my current situation is there a possibility of rejecting my application, due to the relationship issue?
I'm not clear on what you're asking with your first question. If you include your child as a non-migrating dependent (since he's not coming over to Australia) and then later want to bring him in, you will need to then get him his own visa. It's much easier to just include him now on your own application as a migrating dependent (instead of a non-migrating one), but then he would need to "activate" his visa by flying into Australia once yours is granted. He could then fly back out.
You're not looking at a rejection here, but you DO have an extremely complex case, with a lot of potential pitfalls. You don't want to wind up not being able to bring your child over if you get custody. You really, really don't want to risk that.
Let me be clear - the custody issues and divorce issues in your case make it complicated. I highly, highly advise you seek the services of a professional migration agent.
Status
Not open for further replies.
You have insufficient privileges to reply here.
Related Threads
?
?
?
?
?
Australia Forum
428K posts
83.5K members
Since 1997
A forum community dedicated to Australian migrants and enthusiasts. Come join the discussion about residency, taxes, documents, visas, travel, health care, finances, banking, classifieds, and more!