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PMV health check for non migrating child
Old 7th May 2012, 02:01 PM   #1
rudiger1
 
Join Date: Feb 2012
Location: Melbourne
Posts: 20
Default PMV health check for non migrating child

Hello,

I have two queries I am hoping someone can help me with.

1. My fiance is organising things to apply for a PMV from Indonesia. We understand that she must undertake a medical check however we have been advised that her child (who will not be migrating with her) will also be required to undergo a medicial check.

Her child is 5 years old and my fiances ex-husband has full custody of the child and the child will not be part of my fiances PMV application.

Is this correct?

2. Is it correct that she lodges her complete application and then after a period of time she will be contacted and advised to then undergo a medical and police check or must she do this prior to lodging her application?

Any answers would be greatly appreciated....Thanks.
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Old 7th May 2012, 04:55 PM   #2
Richard Quirin
 
Join Date: Oct 2011
Location: Melbourne, Dandenong
Posts: 62
Richard Quirin Registered Migration Agent
MARN 0848935
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Hi there,

The request for non-migrating “members of the family unit” to undertake and pass medicals (thus satisfying PIC 4007) is correct and lawful unless one is making the case that the request is “unreasonable” . In the case of a sub-class 309 partner visa it is prescribed in the regulations under sub-clause 309.228(2).

(2) Each member of the family unit of the applicant who is not an applicant for a Subclass 309 visa is a person who:
(a) satisfies public interest criteria 4001, 4002, 4003 and 4004; and
(b) satisfies public interest criterion 4007, unless the Minister is satisfied that it would be unreasonable to require the person to undergo assessment in relation to that criterion.

Depending on the situation, you may need the assistance of a migration agent if you have any concerns about the child not satisfying PIC 4007. The fundamental point here is whether the child is a “member of the family unit” and is a “dependent child” as defined by the regulations. For this purpose, “member of the family unit” is defined, by the regulations, by;

Regulation 1.12

This will lead you to regulation 1.05A that defines “dependent”.

1.05A (1) Subject to subregulation (2), a person (the first person) is dependent on another person if:
(a) at the time when it is necessary to establish whether the first person is dependent on the other person:
(i) the first person is, and has been for a substantial period immediately before that time, wholly or substantially reliant on the other person for financial support to meet the first person’s basic needs for food, clothing and shelter; and
(ii) the first person’s reliance on the other person is greater than any reliance by the first person on any other person, or source of support, for financial support to meet the first person’s basic needs for food, clothing and shelter; or
(b) the first person is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

Further to that, you should seek advice on the impact of “One fails all fails”.

Note: the same principle applies to the sub-class 300 PMV….my apologies read your post too quickly. For the sub-class 300, the reference point is 300.226(2)
Hope that helps.

Cheers

Richard Quirin (Principal Immigration Consultant)
(BA, Masters (Inter. Relations), Grad. Cert. Immi Law)
MARN: 0848935

GiC G L O B A L I M M I G R A T I O N C O N S U L T I N G
Head Office
Suite 4, 146-148, Walker Street
Dandenong, Melbourne
Victoria, Australia, 3175
Tel No: +61 3 9791 6686
Fax: +61 3 9791 6661
website: http://www.gicaustralia.com.au
International Site: http://www.gicaustralia.com
Email: richard.quirin@gicaustralia.com.au
Skype ID : gicaustralia

The post above is of a general nature. It does not constitute the provision of immigration advice and or assistance. You should not rely upon the information provided in this post. Should you wish to seek immigration advice we will first provide you with an IRMAP
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Old 7th May 2012, 05:46 PM   #3
rudiger1
 
Join Date: Feb 2012
Location: Melbourne
Posts: 20
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Thanks for the speedy response Richard.

My partners son is healthy so there is no problem if we need to get him a health check as well as my fiance.

In relation to family unit and dependent. My fiance has been divorced for over 3 years and for that whole time her ex-husbands family had had sole custody of her son. Her son has never been reliant on her for food, shelter, clothing or any form of financial support.

However, we do not want to leave out anything that may have a negative impact on our application so will organise the health check for her child.

My 2nd question related to the time line for the health and police checks....should she get those prior to lodging the application or will she be notified to undertake those at a later date?
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