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-   -   Medical Check for Non-Migrating Child (http://forum.migrationhelp.com.au/showthread.php?t=1833)

jelee 18th March 2012 12:47 PM

Medical Check for Non-Migrating Child
Hi everyone

My fiancee was interviewed by the Consulate at Guangzhou 2 weeks ago. At the end of the interview, she was asked to get her medical check done and as well a medical check for her non-migrating child (a dependent by their definition). As my fiancee is not on good terms with her ex-husband, therefore, she is struggling to fulfill this requirement and we are running out of options.

I have since told her to write to the Consulate requesting for a waiver as this seems an unreasonable request. Yet, the Consulate replied by saying that the medical for her non-migrating child is a must and refused to assist. If the medical for her child is not done, she will not get a visa irrespective to the fulfillment of other criteria.

On this side in Australia I have spoken with the Immigration Department and they suggested us to obtain a waiver from the Consulate in Guangzhou. So far, the information from each side is conflicting each other.

I would appreciate it if someone could give me advice on tackling with this matter.


Robert K Chelliah 18th March 2012 02:30 PM

In Singapore we have sought the intervention of family courts to to allow the child to undergo medical clearnace process, which is not same as removing a child from Singapore jurisdiction. I am not able to offer any advise on China situation.

A firm undertaking with the force of law to declare that the migrating mother will not undertake to sponsor the child on a later date might be of help.

jelee 19th March 2012 12:33 AM

Thank you Robert for giving me a few pointers.

I notice that I could apply for a waiver if the non-migrating dependent has no plan to migrate. Could you tell me what are the criteria for applying for such waiver?

Emmanuel 19th March 2012 07:00 PM

I had a case in the UK where the mother refused to have her non-migrating son undergo the required medical examination. I asked the DIAC office in the UK for a waiver of this requirement.

What they suggested was for the visa applicant to execute a statutory declaration, giving the name of the child required to undertake the medical examination and advising that the mother refuses to cooperate. In the same statutory declaration, the case officer asked for:
1] name of the mother;
2] physical address; and
3] phone contact details.

They must have contacted the mother to confirm if the allegation was true as a few weeks later, the case officer agreed to the waiver.


jelee 19th March 2012 10:53 PM

Thank you Emmanuel, it will be of great help.

Eddycabrera 28th August 2016 02:09 AM

Non Migrating children medical test
URGENT, I have a situation with my 300 visa. After all the documentation provided the Case Officer has requested my NON migrant kids medicals. As Im divorced, without custody, living in a different country as my kids, I have no access to them to provide their medicals. The Officer requested the medicals again, after a letter I uploaded into the system declaring that, and requested many documents showing that I tried to obtain the mothers permission to do so. She asked even my ex phone number to reach them for the reason why they didnt allow the kids to be tested. On that call, their mom indicated that I own her money and if I pay her, she will allow it (which is not true, and has been the history of a broken relationship of using the kids for profit). My ex didnt provide any proof of that, but I received a 3rd communication from the CO indicating that she found it reasonable due to that simple call, that the medicals were possible if I come to terms with my ex (which is simple impossible). I provided new evidence that I care for my kids, I pay their school, their clothes, food, sports, etc etc and I uploaded all kind of documentation and receipts probing that.
As I know, NON migrating kids are required to undergo the medicals, but Im simple not able to do so.
I provided the divorce papers, emails asking my ex for the medicals, DHL proof of delivery reuesting the medicals to my ex, did a statutory declaration in the Australian Embassy commiting myself to do the medicals in case the custody terms vary into my favor somehow, staturory declarations of a third party indicating the difficulties of having an agreement with my ex, and many more the COespecificaly requested to probe my efforts. But in her third and final request she stills insist on the medicals
Im exhausted, tired, tense because of this and my question is..
Is there any case of refusal based on not been able to provide Non migrating kids medicals? even when i dont have custody and probed that?
Is it only to consider a waiver for the kids on this medicals from the case officer?
She has not requested any documents from my or my fiancee probing the relationship or any other documentations, the only issue are the kids..
Should I expect a negative result? Can I appeal it in case that happens and if is, how to handle that?

Im really stressed, I need help

Second correspondence requested. Request Detail
Immigration Health Examinations for non-migrating family member (for example: chest x-ray, medical examinations and/or blood tests as specified in the Health Examination List)
Thank you for the information concerning the medical examinations for your non-migrating dependent children. Please note that all members of your family unit must undergo health examinations, including all children under the age of 18 years as well as dependents, who may not live with you and who are not migrating to Australia. This is a legal requirement for the grant of a partner visa category, such as the Prospective Marriage visa. You must respond to this request within seven days as you were given a reasonable period of time to provide the requested health examinations. We might decide on your visa application after seven days and it may result on a refusal.
The visa decision maker may decide not to request the medical results for the nonaccompanying children only if they are satisfied that it will be unreasonable to do so based on the situation and official documentary evidence. We suggest to provide the following documentation to be included in the application:
- A statutory declaration from the applicant outlining the difficulties he is facing to obtain the medical results for the non-migrating dependent child. - A legal/court document regarding the custody arrangements between the migrating and custodial parents. - Complete address and telephone number of the custodial parent. - Copy of the formal letter sent by the applicant to the custodial parent concerning the requirement of medical examination results for the non-migrating dependent child. - Evidence of delivery of the above letter. For example, delivery confirmation of the registered, Express mail or Courier. - Any other written correspondence between the applicant and former partner which supports the applicant's claims of difficulty. - a statutory declaration or notarised statement from an independent third party outlining the child's circumstances. - If possible, a statutory declaration or notarised statement from the custodial parent outlining that the child will not be undertaking health examinations and why. - A statutory declaration from the applicant confirming that the non-accompanying child has no health condition. The applicant must also confirm his understanding that if circumstances change and his children apply to migrate, the childen would be required to undergo health assessments at the time of application.
Please be advised that once we receive the additional information, we may decide to request additional documentation in relation to this matter and providing the information above does not guarantee that health examinations will not be required anymore or that the visa application will be granted.

This is the third correspondence request... Other Requirements Thank you for providing additional information for the assessment of your application. After reviewing the documents and contacting the mothers of your non-migrating children, the Department has determined that it is not unreasonable for you to obtain the requested medical examinations. Please note that it has come to my attention that you may obtain the necessary health checks by contacting the mothers of your children directly and coming to an agreement in regards to pending legal responsibilities. Based on the latter, this is a final request to provide the outstanding health examinations and you have an additional seven (7) days to respond to this request.

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nvoorst 29th August 2016 12:05 AM

My advise is to get a professional to deal with this.

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