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Discussion Starter · #1 ·
Dear All,

My friend is stuck in a big problem now. She is one of my best friends.


My friend is in india and her husband is in Aus. Her husband has 457 visa and my friend has dependent 457 visa.

They didnot get along well. Though not divorced, they are not together now. Her husband has not contacted her for months for now. Now my friends has applied for 189 visa and her husband is not included in her application.


Yesterday her Case officer contacted her and asked her for the following proof for the spouse as her martial status is Married:

Birth Certi - spouse
Passport - spouse
Character - spouse
Health - spouse
and Marriage certificate

She has marriage certificate and husband's passport scan in her hand but none of the rest.
Her husband will never co-operate for the medicals and character form 80.
He is not gonna like my friend getting PR.

She explained that they are not together but her case officer has stated the following:

"Sorry to hear of your hardship, I hope all works out well for the both of you.

As you are married I will need the documents requested earlier for your husband, he will need to be added to your application as a non migrating dependent and as such needs to provide Health, Character, Birth certificate and passport."


Please help my friend. She is undergoing tremendous hardship as on side she is depressed because of her strained relationship and on the other end her PR is also under jeopardy. Please help.
 

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You can tell your friend to change the status to "separated" instead of "married" by filling change of circumstances form and ask the Case officer if it is acceptable and your friend no longer knows where he resides.
 

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Discussion Starter · #4 ·
Unless they are divorced he is still her non migrating dependent. She still needs his medicals and PCC.
Oh shel, he deliberately would not cooperate just to make sure that she doesn't get PR..
 

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Discussion Starter · #5 ·
You can tell your friend to change the status to "separated" instead of "married" by filling change of circumstances form and ask the Case officer if it is acceptable and your friend no longer knows where he resides.
Will this work? This is the only option left for her I guess
 

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I am not sure Divya, I was just looking it up and I havent found anything concrete, my advise may not work..

Cant say though..there must be an option/way out because, I dont think CO would have a strong case for rejecting your friends application..

I might be totally wrong...
 
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The only thing I have seen work is getting a statutory declaration, signed by a solicitor saying they have tried all means to get in touch and he is refusing to cooperate.

However this is not guaranteed to work. DIAC stance is you could by trying to get round the visa rules by applying alone knowing the non migrating dependent would not qualify. The applicant would then sponsor them through the family route which has generous waivers for health and character.

To stop this fraud they insist on all non migrating family members to be checked too and while she us still married he is a family member, they could get back together in a few months.

How long have they been separated and why has she not started divorce proceedings?
 

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DIAC stance is you could by trying to get round the visa rules by applying alone knowing the non migrating dependent would not qualify.
Yes this would be my only concern, if I were her.

Statutory declaration is an option but if that were the case "seperated" status should work as well..What do you think?
 

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Discussion Starter · #9 ·
The only thing I have seen work is getting a statutory declaration, signed by a solicitor saying they have tried all means to get in touch and he is refusing to cooperate.

However this is not guaranteed to work. DIAC stance is you could by trying to get round the visa rules by applying alone knowing the non migrating dependent would not qualify. The applicant would then sponsor them through the family route which has generous waivers for health and character.

To stop this fraud they insist on all non migrating family members to be checked too and while she us still married he is a family member, they could get back together in a few months.

How long have they been separated and why has she not started divorce proceedings?
All these are required even if her husband is in Australia. He is in Australia from January.

She is in India and has never traveled. But she has 457 secondary.

The point here is can she ask her case officer to use the health exam and character exam that her husband should have undergone for his 457 visa? They are less than 12 months old..

Any suggestions here?
 

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All these are required even if her husband is in Australia. He is in Australia from January.

She is in India and has never traveled. But she has 457 secondary.

The point here is can she ask her case officer to use the health exam and character exam that her husband should have undergone for his 457 visa? They are less than 12 months old..

Any suggestions here?
Hello Divya,

Sorry to hear about your friend.

457 do not have character exam, atleast I didn't do and so you also I think as you too were on 457.

457 Medicals are little different and easy as you have yourself told me the difference in medicals between 457 and 190/189 in PM one day.

As Shel/findraj mentioned, separation certificate and legal papers can work. Other best option is, asking the CO directly what she can do as an alternative as to leave her dependent from her application. But, the later is not advisable as it is ethically and emotionally not a good idea.

Best regards,
JR
 

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Discussion Starter · #11 ·
Even im not aware of many things related to this topic. Thats where forum members can help.!

Thanks for the help so far.


My only question is "is there a chance for the her visa being rejected because of this problem".
 

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Even im not aware of many things related to this topic. Thats where forum members can help.!

Thanks for the help so far.


My only question is "is there a chance for the her visa being rejected because of this problem".
1) Well, the right person who can answer this question is her CO only on the first hand.

(or)

2) Proper MARA agent preferably from Australia who can advise and or help on this case as he might have experience/or a lawyer pertained to DIAC Immigration from Australia who handles applications of PR. We can get many MARA agent details in google and in linkedin. The authenticity can also be verified in some DIAC related website, I do not remember where I saw, but it is available.

If your friend is really concerned that her PR shouldn't be denied on these grounds, then approaching a genuine immigration lawyer, preferably one from Australia would be right choice. I know few guys who seeked help of immigration lawyers in Sydney for PR application. This would be a better option too.

As already the case is with the CO now, approaching an lawyer/MARA should be expedited if your friend want to choose this option.

(or)

3) Anyone from our forum who have had exact similar situation and their advise on how they proceeded and or what was the repercussions.

Other than that, if there is any evidence of similar proceedings in google, that might also serve as a guideline.

Best regards,
JR
 

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No, I dont think so, CO is very careful in rejecting an applicants visa...anyway, why did she write married in first place?? her visa application must not be 6 months old, then when did she decide not to include him in his application, didnt she anticipate this while filing visa?..

Maybe she needs to call CO directly.. And I am sure CO would be more than willing to help here as to what she can do as her status is not remotely related to "married"

If were her, I would pick the phone and call my CO and acknowledge that I have received her reply but unable to provide Health and Police certificates, and wait for her answer, if CO is reluctant even then to tell then I would say I can make a legal document saying I am separated and bla bla..

If CO says ok, great, your work is done, mention your conversation in the email and get the papers ready and send to CO.

If CO says no that wont help, then wait for the CO suggestion and hang up. If you have an unwanted/negative conversation, dont mention in your reply...

Simple...Dont worry about it, life is less about visas, more about relationships..
 

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No, I dont think so, CO is very careful in rejecting an applicants visa...anyway, why did she write married in first place?? her visa application must not be 6 months old, then when did she decide not to include him in his application, didnt she anticipate this while filing visa?..

Maybe she needs to call CO directly.. And I am sure CO would be more than willing to help here as to what she can do as her status is not remotely related to "married"

If were her, I would pick the phone and call my CO and acknowledge that I have received her reply but unable to provide Health and Police certificates, and wait for her answer, if CO is reluctant even then to tell then I would say I can make a legal document saying I am separated and bla bla..

If CO says ok, great, your work is done, mention your conversation in the email and get the papers ready and send to CO.

If CO says no that wont help, then wait for the CO suggestion and hang up. If you have an unwanted/negative conversation, dont mention in your reply...

Simple...Dont worry about it, life is less about visas, more about relationships..
I liked this line very much.

Simple...Dont worry about it, life is less about visas, more about relationships..


Best regards,
JR
 

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Discussion Starter · #15 ·
No, I dont think so, CO is very careful in rejecting an applicants visa...anyway, why did she write married in first place?? her visa application must not be 6 months old, then when did she decide not to include him in his application, didnt she anticipate this while filing visa?..

Maybe she needs to call CO directly.. And I am sure CO would be more than willing to help here as to what she can do as her status is not remotely related to "married"

If were her, I would pick the phone and call my CO and acknowledge that I have received her reply but unable to provide Health and Police certificates, and wait for her answer, if CO is reluctant even then to tell then I would say I can make a legal document saying I am separated and bla bla..

If CO says ok, great, your work is done, mention your conversation in the email and get the papers ready and send to CO.

If CO says no that wont help, then wait for the CO suggestion and hang up. If you have an unwanted/negative conversation, dont mention in your reply...

Simple...Dont worry about it, life is less about visas, more about relationships..
She has subclass 457 secondary.. Hence she couldn't put single at that place instead of married. Because that could amount to lying deliberately.
 

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Discussion Starter · #16 ·
No, I dont think so, CO is very careful in rejecting an applicants visa...anyway, why did she write married in first place?? her visa application must not be 6 months old, then when did she decide not to include him in his application, didnt she anticipate this while filing visa?..

Maybe she needs to call CO directly.. And I am sure CO would be more than willing to help here as to what she can do as her status is not remotely related to "married"

If were her, I would pick the phone and call my CO and acknowledge that I have received her reply but unable to provide Health and Police certificates, and wait for her answer, if CO is reluctant even then to tell then I would say I can make a legal document saying I am separated and bla bla..

If CO says ok, great, your work is done, mention your conversation in the email and get the papers ready and send to CO.

If CO says no that wont help, then wait for the CO suggestion and hang up. If you have an unwanted/negative conversation, dont mention in your reply...

Simple...Dont worry about it, life is less about visas, more about relationships..
Ya, I told her. Calling wil only solve this problem...
 

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Unless they are divorced he is still her non migrating dependent. She still needs his medicals and PCC.
Hey Shel,
Can you please plz :) help me with my query also..

I am planning to submit the EOI shortly for 189 visa.

a. I want to add my mother in my application as dependent. She lives with me, is widowed and 60 (age). She is recently retried from a Govt Job and gets pension.
Can I show her as dependent?
I read it in booklet 6 - Other relative dependent on you or your partner may include, for example, an aged, unmarried relative.

b. My passport has an old address which is different from my present address. Both the flats are still owned by us (old as well as the one in which I am living right now).
Is it required to update my passport with the new address or shall I leave it as it is?
 

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Discussion Starter · #18 ·
I wanted to update the status of my friend here for whom I started this thread.


She called her CO and amazingly her CO was so very helpful and even explained her that "Their intention is not to cause any distress to her".

He then asked her to submit a statutory declaration stating that they are not together.
Thats it. He also informed her that her medicals got referred and also that all other things are fine.

The Case Officers are really very understanding and helpful contrary to what I had in my mind.

Thanks everyone for your suggestions and thoughts.
Divya
 
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They are humans after all. I think they know we cause ourselves so much stress & lots of sleepless nights thinking the CO is an ogre trying to find a way to not grant. All works out in the end if we just relax and folliw procedure.

Glad the CO was so nice x
 

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I wanted to update the status of my friend here for whom I started this thread.


She called her CO and amazingly her CO was so very helpful and even explained her that "Their intention is not to cause any distress to her".

He then asked her to submit a statutory declaration stating that they are not together.
Thats it. He also informed her that her medicals got referred and also that all other things are fine.

The Case Officers are really very understanding and helpful contrary to what I had in my mind.

Thanks everyone for your suggestions and thoughts.
Divya
Happy for your friend Divya. Best wishes and good future to her in Australia.

Best regards,
JR
 
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