Child out of wedlock (Illegitimate child)

[DannyReed32]

Hi everyone

 

Firstly excuse me if I posted this in the wrong place

 

I've got a bit of a worry in regard to my visa application. I made some bad choices in my youth and I made a girl pregnant, we never got married and her parents tricked me into placing the child on his mothers surname so that the child could be on their medical aid. We were together for about a year after the child was born up until I caught her messing around with another guy, anyways long story short we separated, and I'm no longer seeing my son as he wants nothing to do with me. So I lost complete control over him and no longer have a say over anything. He is ten years old now. I do pay my maintenance every month as I didn't want any fingers pointing at me later in life...

 

Upon applying for my visa I added him as a non migrating dependant. Migrate 2 Oz then advised me that he would also need to go for a medical examination. His mother absolutely refuses to even consider it. I did a statuary declaration stating that she does not want him to go for the medical and signed it in front of the commissioner of oaths. Do you think that him not going for his medicals will be a problem for the case officer? Will this cause me to lose all the money I've paid for my immigration thus far.

It is a matter completely out of my control as I have no control over him.

Thank you in advance

[FingersCrossed]

Hi @DannyReed32

 

I would be very surprised if that affected your visa application since your son is not immigrating with you. I would submit the signed letter and see what they say. If they do have a problem, then they will let you know and you can take it from there.

 

Sorry - had to edit here - please note that the above is my opinion. I am not a migration agent so it is always best to listen to the advice from your agent. 

 

 

 

Edited January 17, 2017 by FingersCrossed

[TeeTMI]

The DIBP do request medicals for all non-migrating dependants.  This would include any dependent children who are not included within the PR application.  

 

I see you have an agent.  Have a chat with them I am sure they will be happy to advise why they have requested you write the statutory declaration and the procedure from here.

 

[planningahead]

Hi all

 

Something I read on another forum as to why they request medicals for non-migrating dependents. People with sickly children/dependents try to bypass the medical process and add their children as non-migrating dependents thinking that once they get the visa and are in Aus they will have a better case bringing their children over. They request the medicals to make it harder for people to con the process. There's a lot of chancers out there!

[DannyReed32]

I see and yes that makes sense, because if the non migrating child's parent which is left in south Africa dies this would cause problems. The child would then have to go to it's parent in Australia. Like I said earlier the aussies has done this for a number of years and thus they have learned to be very thorough in the matter of immigration.

 

 

[Riekie]

As your son would not be migrating with you and have no intention to either, I do not understand why he should go for a medical...  His mother has full custody of him and other than paying maintenance, you have no relationship or any other connection with him.  Maybe one of the migration agents on the forum could explain the reasoning behind this request. Or PM @SD_MOA  I cannot see how this would affect the outcome of your application.  Let us know what the outcome is as I'm sure others are in similar situations. 

[Riekie]

Just a question for the sake of understanding:  why would they need medicals if they're not migrating? 

[DannyReed32]

Hi everyone

 

I did speak to the agents yesterday and they also advised me that it shouldn't be a problem because it's matters beyond my control. The declaration was sent in yesterday and uploaded onto the system. Hopefully the C\O doesn't have any problems with it.

 

It is just such a weird request that non migrating dependants also has to go for medicals. I would really like to know the reason behind this. I know the DIBP are very thorough but they have nothing to do with a non migrating dependant.

 

thanx a mill for everyone's response and as soon as we hear something from the C\O I will post it here.

[TeeTMI]

This requirement covers a variety of visas.

In general - not the OP's situation

 

In addition to closing a potential loop-hole identified above whereby a parent may try to by-pass some of the stricter elements of the health criteria. 

There is also the factor that should the other parent be unable to look after the child for any reason (death, disability etc), or even if the parents later change their mind and decide the child should move to Australia, then the visa applicant may seek to bring them to Australia.  

 

Different visas have different requirements regarding what may be waived with regard to the the health criteria. 

[DannyReed32]

 Hi all

 

Just a quick update.

 

We submitted the statuary declaration for my son, CO came back and said that the information is not sufficient enough. He wants third party evidence as proof that his mother is not willing let him do the medicals. The case officer also wants the child's moms contact details. How is that for being thorough by the Australian government. I'm currently begging them to see if I can convince them to take him for the medicals but yeah it's a mission.

[planningahead]

I know that this adds so much pressure to this already stressful process. But I'm sure you can overcome this. Do you have an agent? If not maybe get one to help with this part of the process. I'm sure your situation is not unique....

[DannyReed32]

Hi there

 

@planningahead Yes we do have Migrate2Oz on our side and they are guiding us through the process. But stressful it is indeed. I think I'm just worried that my ex feeds the case officer a load of bull. But then again I'm sure the CO won't just go on hearsay. But anyways will keep everyone posted

 

[DannyReed32]

Hi all

 

We went to see a lawyer as our third party evidence. He phoned her and confirmed that she is not willing to let the child do the medicals. He then wrote me a letter on his letterhead confirming our story.

 

we've sent this to DIBP as well as the mother's contact details. I am sure that this case is settled now.

hope this helps someone in the future because it was really a stress filled time.

 

Good luck to all