[sriveha]

Hi All,

I have a query regarding meds for non migrating family member which I had posted in Adelaide GSM tracker thread but wanted to start a new thread for two reasons (a) Similar information is present but I couldn't get specific to this case (b) Wider audience and more senior members can help me find an answer.

I am married and have a daughter aged 3.5 years. My current marital status is "Separated" and is in the *** end of divorce process. It's been running for two years in the family court and I have documents pertaining to the divorce petition filed and recently we thought of going mutual and the same has been applied.

As part of the mutual agreement, the custody is borne by my ex and currently I don't hold visitation rights.

My query: I have been asked to undergo Health check for my daughter under "non immigrating family member" by both first and second CO. After the first CO contact, I had emailed and uploaded proofs that I don't have access to my daughter and also a proof of my daugher undergoing medical examination for 457 visa. The second CO said I'll not be able to reuse her medical test as it has expired and that I have to do medicals. I have wrote to my second CO requesting to waive off the health examination considering my current situation.
Can senior members and friends please post your thoughts if I may face rejection.

Additional note-1: Under the IMMI page, against the health assessment for my daughter it lists as "Note: If this person does not complete the required health examinations the visa application can be refused."

Additional note-2: I am not financially supporting both my ex or daughter.

Many thanks.

 

[dave85]

Hi All,

I have a query regarding meds for non migrating family member which I had posted in Adelaide GSM tracker thread but wanted to start a new thread for two reasons (a) Similar information is present but I couldn't get specific to this case (b) Wider audience and more senior members can help me find an answer.

I am married and have a daughter aged 3.5 years. My current marital status is "Separated" and is in the *** end of divorce process. It's been running for two years in the family court and I have documents pertaining to the divorce petition filed and recently we thought of going mutual and the same has been applied.

As part of the mutual agreement, the custody is borne by my ex and currently I don't hold visitation rights.

My query: I have been asked to undergo Health check for my daughter under "non immigrating family member" by both first and second CO. After the first CO contact, I had emailed and uploaded proofs that I don't have access to my daughter and also a proof of my daugher undergoing medical examination for 457 visa. The second CO said I'll not be able to reuse her medical test as it has expired and that I have to do medicals. I have wrote to my second CO requesting to waive off the health examination considering my current situation.
Can senior members and friends please post your thoughts if I may face rejection.

Additional note-1: Under the IMMI page, against the health assessment for my daughter it lists as "Note: If this person does not complete the required health examinations the visa application can be refused."

Additional note-2: I am not financially supporting both my ex or daughter.

Many thanks.

Your daughter is still your dependent, as you have parenting rights (even if you have no custody rights). You will not be able to request a waiver for your daughter's medicals from DIBP.

I will advise that you speak to a lawyer and draft a letter to your "wife" (as you are not yet legally divorced) and state that you would like your daughter to complete the medicals. If your wife signs it and states that she is refusing to do so, then upload the legal letter to your CO.

If she refuses to even respond, your lawyer will know what to do.

Don't put this off, as the medicals is one-fail-all fail. So if you daughter fails to do the medicals and you did none of the above, then you will likely get a refusal as well.

 

[sriveha]

Thank you Dave for your inputs. I think I will go by it.. More likely I will not a get a response for my letter. But I can show that I have taken steps from my side.