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I did not include my husband's children on the original application as it asked for dependent children, which they are not. I have had a request for more information, one of the things is to complete the Form 80 - characteristics. This form asked if he has any children, whether biological, adopted, etc. I feel I should be honest. My husband is from Brazil and has 6 children born when he was in his 20's. All of the children live with their mothers and are not dependent on him and are not migrating. Does anyone know if this fact would affect his application and if so in what way?

We have waited 13 months and finally have a response from immigration that his application is being looked at.

Any info much appreciated.

Thanks
 

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I did not include my husband's children on the original application as it asked for dependent children, which they are not. I have had a request for more information, one of the things is to complete the Form 80 - characteristics. This form asked if he has any children, whether biological, adopted, etc. I feel I should be honest. My husband is from Brazil and has 6 children born when he was in his 20's. All of the children live with their mothers and are not dependent on him and are not migrating. Does anyone know if this fact would affect his application and if so in what way?

We have waited 13 months and finally have a response from immigration that his application is being looked at.

Any info much appreciated.

Thanks
Children under 18 years of age are counted as dependants by Australian immigration, even if they are not members of the family unit and and are not migrating. They must be declared and must satisfy the public interest criteria, medical examinations and if old enough police clearances.

Failure to include them under the appropriate category on an application could bring you within the ambit of Regulation 4020 that deals with submitting fraudulent documents and false or misleading information.

The consequences of transgressing 4020 include visa refusal and a 3- year ban re-applying.

Here is the text of 4020:
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4020 (1) There is no evidence before the Minister that the applicant has given, or caused to be given, to the Minister, an officer, the Tribunal during the review of a Part 5-reviewable decision, a relevant assessing authority or a Medical Officer of the Commonwealth, a bogus document or information that is false or misleading in a material particular in relation to:

(a) the application for the visa; or

(b) a visa that the applicant held in the period of 12 months before the application was made.

(2) The Minister is satisfied that during the period:

(a) starting 3 years before the application was made; and

(b) ending when the Minister makes a decision to grant or refuse to grant the visa;

the applicant and each member of the family unit of the applicant has not been refused a visa because of a failure to satisfy the criteria in subclause (1).

(2AA) However, subclause (2) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.

(2A) The applicant satisfies the Minister as to the applicant's identity.

(2B) The Minister is satisfied that during the period:

(a) starting 10 years before the application was made; and

(b) ending when the Minister makes a decision to grant or refuse to grant the visa;

neither the applicant, nor any member of the family unit of the applicant, has been refused a visa because of a failure to satisfy the criteria in subclause (2A).

(2BA) However, subclause (2B) does not apply to the applicant if, at the time the application for the refused visa was made, the applicant was under 18.

(3) To avoid doubt, subclauses (1) and (2) apply whether or not the Minister became aware of the bogus document or information that is false or misleading in a material particular because of information given by the applicant.

(4) The Minister may waive the requirements of any or all of paragraphs (1)(a) or (b) and subclause (2) if satisfied that:

(a) compelling circumstances that affect the interests of Australia; or

(b) compassionate or compelling circumstances that affect the interests of an Australian citizen, an Australian permanent resident or an eligible New Zealand citizen;

justify the granting of the visa.

(5) In this clause:

" information that is false or misleading in a material particular " means information that is:

(a) false or misleading at the time it is given; and

(b) relevant to any of the criteria the Minister may consider when making a decision on an application, whether or not the decision is made because of that information.

Note: For the definition of bogus document , see subsection 5(1) of the Act.
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Being honest with Australian immigration is not optional.

All the best
 

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If they are under 18, they need to be included in his application as non-migrating dependents and will be required to complete medical checks and possibly police checks. I think he would complete and submit form 1023 Notification of Incorrect Answers to add them, and perhaps should also include a covering letter that he's just learned they need to be included as he didn't realise they would be considered dependents for the purposes of migration.

They must all be included in form 80.
 
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