# Non-migrating dependent family members



## ronson (Jul 15, 2012)

Hi all,
I am in the process of filling the 189 application. There is a step "Non-migrating dependent family members" with question:

Does the applicant have any dependent family members not travelling to Australia who are not Australian citizens or Australian permanent residents?

Yes/No.

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I am confused whether I need to provide information for my parents, sisters, nephews etc as they will not travel with me nor they will apply for Australian visa in future and they are not dependant on me. I am afraid that if I mention them then I will be required to provide their meds, PCC etc which will delay the application a lot. Not to mention all the trouble if I have to get their passport and national identity card information 

So in short I am planning to migrate myself only. Is it ok to answer No to this question?


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## ronson (Jul 15, 2012)

Just to add to above - I am single, no kids or wife.


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## Guest (Sep 15, 2012)

Are they your dependants? ie live with you and rely on your for their needs, food, housing etc? If not then tick no, is so the answer is yes.


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## ujwols (Jun 30, 2011)

Yes you will have to submit pcc and med for all your non migrating dependents as well and that might delay or put your own application at risk. So think carefully..


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## nectar_s (Nov 3, 2012)

Urgent advise needed:

Query on ---Does the applicant have any dependent family members not travelling to Australia who are not Australian citizens or Australian permanent residents?[/I]

1) my fiancee is trying to get sponsor through his present employer, but not sure if this would succeed, if this being the case, should i include him as a non-migrating dependant family member, 

2) in future, if i dont include him , can i include him in my visa under de facto relationship or prospective marriage...


Appreciate quick replies . Thanks for help


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## Guest (Jan 18, 2014)

Answer the question truthfully or you will be committing visa fraud.


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## s50134 (Sep 22, 2014)

nectar_s said:


> Urgent advise needed:
> 
> Query on ---Does the applicant have any dependent family members not travelling to Australia who are not Australian citizens or Australian permanent residents?[/I]
> 
> ...


Hi nectar,
would u pls tell hows going on on the non migrate dependent, possible to apply for him thereafter ur visa is granted? Appreciate shd u share ur story.


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## Mons1eur (Oct 10, 2013)

nectar_s said:


> Urgent advise needed:
> 
> Query on ---Does the applicant have any dependent family members not travelling to Australia who are not Australian citizens or Australian permanent residents?[/I]
> 
> ...


Hi Nectar,

How did the process go?
I am also in the same dilemma to include non migrating family members in my applications or not to include.

Thanks,
Sandhar


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## GR13 (Oct 15, 2015)

_shel said:


> Answer the question truthfully or you will be committing visa fraud.


Hi Shel,

I have answered yes to non-migrating family members and already paid my visa fee. Now the document check list is asking me to submit all the details of my parents. Can i possibly call DIBP and tell them i made a mistake? Also, technically my father is not dependent on me. My mom is also dependent on my father and not me. Will it be a big issue if i inform them now?


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## Maggie-May24 (May 19, 2015)

You can complete form 1023 Notification of Incorrect Answers to remove your parents, and you can include a comment that they were included in error.


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## GR13 (Oct 15, 2015)

Maggie-May24 said:


> You can complete form 1023 Notification of Incorrect Answers to remove your parents, and you can include a comment that they were included in error.


Hi Maggie,

Thank you for your help. I have used the 'update us' section in the application to convey the message.

Thanks!


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## gyanarora (Apr 2, 2016)

Hello Experts,
I am applying for Australia Visa (Skilled Independent) and stuck in two questions. 
Actually myself and my spouse will be finally relocating to Australia if things go well but for now I am applying visa for myself only. 
I have two questions regarding this:-
1. What will be my ans for this question in the visa application :-
"Are there any migrating family members included in this application"
I guess that ans will be NO as my spouse is not included in this application. Please suggest if I am wrong

2. The other question is related to "Non Migrating family members"
"Does the applicant have any dependent family members not travelling to Australia who are not Australian citizens or Australian Permanent Resident"

In this case do I have to add my spouse's details or not?

A quick response is highly appreciated.

Thanks
Gyan


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## verynewuser (Jan 5, 2016)

ujwols said:


> Yes you will have to submit pcc and med for all your non migrating dependents as well and that might delay or put your own application at risk. So think carefully..


i wish i had read your reply ( this one ) earlier, at the time of applying. Now i have to go through the hassle of arranging a lot of documents (PCC, medical exams, passports bla bla bla) for 4 of my non-migrating family members who WILL NOT be traveling to Australia with me.
:confused2:


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## yjadhav (Dec 12, 2015)

Maggie-May24 said:


> You can complete form 1023 Notification of Incorrect Answers to remove your parents, and you can include a comment that they were included in error.


Hi, I also did same mistake I would say, as I have added my parents but they are not migrating with me.

In the form there is space for 3 dependents only but I have mentioned 4 dependents (wife,kid,both parents) so, shall inlcude only parents in this space or I have to fill all 4 dependents information by providing 4th one in additional details??


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## RupeshP89 (Jan 18, 2017)

GR13 said:


> Hi Maggie,
> 
> Thank you for your help. I have used the 'update us' section in the application to convey the message.
> 
> Thanks!


Hi There,

I know this thread is bit old but I also committed the same mistake and presented the change of circumstance and incorrect answers form using Update Us section.

What was the impact in your case?? Did it delay your processing?

Once they delete will it be updated in our immi account??

kindly help

Thanks
Rupesh


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## verynewuser (Jan 5, 2016)

RupeshP89 said:


> What was the impact in your case?? Did it delay your processing?


It should not much.




RupeshP89 said:


> Once they delete will it be updated in our immi account??


Yes.


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## Jasmin FR (Apr 9, 2014)

Dear All,
I need your urgent advice. I have 489 state sponsorship visa from Tasmania and I came from Kuwait. In January 2016 I was living with my mom and elder sister. My elder sister is 45 years old(single) and she is nonimmigrant family member in my visa. Recently, I applied for my as subsequent entrant. Case officer refused my sister’s application on obligation of 489.311 and she made no review rights. I want to support my sister for visa and financially as well. Anyone can advise me? Where should I re-appeal despite my sister visa declined on no review rights.What should I do in this situation?


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## kaju (Oct 31, 2011)

farina said:


> Dear All,
> I need your urgent advice. I have 489 state sponsorship visa from Tasmania and I came from Kuwait. In January 2016 I was living with my mom and elder sister. My elder sister is 45 years old(single) and she is nonimmigrant family member in my visa. Recently, I applied for my as subsequent entrant. Case officer refused my sister’s application on obligation of 489.311 and she made no review rights. I want to support my sister for visa and financially as well. Anyone can advise me? Where should I re-appeal despite my sister visa declined on no review rights.What should I do in this situation?


You can't appeal or have the decision reviewed - your sister can not be classed as a member of your family unit any more: https://www.border.gov.au/Migrationagents/Pages/member-of-family-unit.aspx

Your sister might be able to apply for a working visa if she meets the skills requirement, otherwise I suspect she may only be able to apply for a Visitor visa.

You might want to get advice from a MARA-registered migration agent to see if they think there are any other options, but I would say not to get your hopes up - sorry I can't give you better news.


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## Jasmin FR (Apr 9, 2014)

Dear kaju,
Thanks for your answer but, actually before applying for the visa ,I took advise from Mara registered agent and he forwarded us email by confirming from DIBP that your sister can be your subsequent entrant in my application.


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## kaju (Oct 31, 2011)

farina said:


> Dear kaju,
> Thanks for your answer but, actually before applying for the visa ,I took advise from Mara registered agent and he forwarded us email by confirming from DIBP that your sister can be your subsequent entrant in my application.


Hmm. So you're saying DIBP said yes, you can include your sister, and then refused the application, saying you can't include her?

The information I have given you is correct - it's the DIBP website itself! 

Are you sure that you didn't apply (or at least get the initial information from DIBP that you could include your sister in the application) before the changes to the regulations took effect? You didn't say when you actually applied, or when the application was refused.

The information I gave you the link for shows that since 19 November 2016, there are new restrictions on who can be considered as members of a family unit.

Why don't you check with your migration agent as to their view on the situation for you now, under the new regulations? 

It may be (see the link in my previous post) that you could claim your sister as your dependent (and so, part of your family unit) under 2. c. of that link, but only if she has been completely/mostly dependent on you (more than any other person) for financial support for her needs. 

But if DIBP have considered that already when they made the refusal, you might need to get advice from your Migration Agent or DIBP about any options you might have.


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## Jasmin FR (Apr 9, 2014)

Dear Kaju,

Thanks for your below email, Mara agent sent us confirmation email from DIBP on 8 Nov,2016 and I applied for the visa on 20 January and they rejected on 6 Feb,2017. Mara agent who gave me confirmation is not even answering my phone, me and my family both are very disturbed because of visa refusal.


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## kaju (Oct 31, 2011)

farina said:


> Dear Kaju,
> 
> Thanks for your below email, Mara agent sent us confirmation email from DIBP on 8 Nov,2016 and I applied for the visa on 20 January and they rejected on 6 Feb,2017. Mara agent who gave me confirmation is not even answering my phone, me and my family both are very disturbed because of visa refusal.


OK, then that makes sense - DIBP gave you the right advice at the time (on 8 Nov) but the rules changed after that (19 Nov) , so they refused the visa (6 Feb).

Unless your sister can meet the conditions for being a member of your family unit under the new regulations (as I have mentioned) then she can't be included as your dependent.

I'd keep trying with your agent for advice, or if they really won't answer, try another.


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## Jasmin FR (Apr 9, 2014)

Dear Kaju,
Thanku so much ,it was great help.
May GOD bless you.


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## Amyablemi (Dec 6, 2016)

Hi everyone, newbie here really need help regarding dependent/ non-migrating family member.

I am having an issue regarding my stepson xray-dependent/ non migrating family member. On February 27, 2017 his health assesment status was "Examination assessed but further information required" A Medical Officer has determined that additional health information is required to determine whether this person meets the health requirement. My questions:
1. Can we remove him at this point as a dependent because right now he is not considered dependent to me until he graduated on 2019, he is studying in a Boarding School called The Sister of Mary Boystown- a non-stock, non-profit, non-paying, live-in secondary school for deserving students. Me and my wife (stepson mother) not supporting him since 2014 as the school provides food, clothing, shelter, medical care and quality secondary education all free of charge. Can this be a good reason for us to remove him from the application? Or will it make us more in trouble as the CO might think that the reason why we remove him as dependent is because of his Medical result? One more thing is that if they require another test or treatment for him it might be difficult for us to take him out from the school as there is only fix day for us to see my stepson only every 3rd of September as their visiting day and every February for their two weeks vacation to stay with family (he just returned back to school last Feb. 26).
Please advise me what is the right thing to do, can i email the CO to remove my stepson as dependent despite his medical result since we don't have any plan yet to bring him to Australia until he finish his secondary education. Or is there any better way that you think we can get assurance not to get visa refusal. Please your kind reply regarding this matter is highly appreciated.


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## pawanpreet_kaur (Mar 10, 2017)

RupeshP89 said:


> Hi There,
> 
> I know this thread is bit old but I also committed the same mistake and presented the change of circumstance and incorrect answers form using Update Us section.
> 
> ...


Hi Rupesh, was your Immi account updated post you update with form 1023?

Have you got the grant?

Thanks


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## julianahadad (Mar 8, 2018)

GR13 said:


> Hi Shel,
> 
> I have answered yes to non-migrating family members and already paid my visa fee. Now the document check list is asking me to submit all the details of my parents. Can i possibly call DIBP and tell them i made a mistake? Also, technically my father is not dependent on me. My mom is also dependent on my father and not me. Will it be a big issue if i inform them now?


Hey, I've just made the same mistake on my partner visa application. Did yours get through alright? Did they delete the other members? Did you take any further action other than the 1023 form?
If you can answer these questions I'd be forever grateful, I'm totally freaking out right now not knowing who to contact about this.


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