# Help!!! Withdrawing the Secondary Applicant!!!!



## Ausbugis (Sep 30, 2013)

Hi Guys,

I'm in a tough situation. I have applied for 489 FS visa with my Spouse Last year. I'm the main applicant and Spouse as secondary applicant. Starting this Year My wife wanted Divorce and got separated but it is not officially filed. Currently she and i are living alone. 

I'm almost done with the Visa process, submitted all documents to the CO except my wife medicals. I have informed the CO last month that we got separated and he asked me to provide Withdrawal letter of Secondary applicant. And I provided him this week.

My questions are

1. After providing the Withdrawal letter of Secondary applicant, does she still need to do the medicals?

2. In case, if the CO grand me the VISA without the divorce certificate (as he didn't ask that even after i conveyed that we got separated), will there be any issue for me to sponsor my prospective wife?

3. Will it suffice if i provide the EX-divorce certificate while sponsoring the prospective wife?

Please help me guys. I'm on big fire....

Thanks.

Aus Bugis


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## 3point49 (Dec 8, 2013)

I am not sure about other queries, but i think if you have brought in notice (official) of CO about the separation or something similar, i dont think they are going to issue any visa (yours or wife's) unless the situation is clarified (by submitting evidence of separation/divorce).

I assume they are very careful about issuing visa and before that is done they make sure all lose ends are tied or replied by applicant. As you have already opened a lose end, i think unless you give proper evidence the CO will not decide on visa.

(this is just my opinion based on a similar situation of a friend, in his case GF/partner not wife, however his case was in 2008, i am not sure what is the procedure now a days) 

Regards


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## espresso (Nov 2, 2012)

Hi Ausbugis, 

hm, there is the following rule from Fact Sheet 30: 



> *Limitations on sponsorship*
> A sponsor who has previously sponsored a *partner or prospective marriage visa applicant* cannot sponsor another partner or prospective marriage visa applicant until at least five years have passed since the first application was made.


However, if you remove your partner from the current application before the grant that should (probably) not apply. In addition, you included her in the 489 visa, so it was not a partner visa application. 

I'd suggest to contact your CO. S/he will let you know if the medicals are still required. Since you are still married I believe her status will probably be moved to non-migrating dependent and she will have to get the medicals done. You cannot sponsor a new partner while you are still married. Once again, you should ask the CO if there is a wait period until you can sponsor a new partner after the divorce. 

Cheers, 
Monika


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## ajay.lele83 (Mar 27, 2013)

Ausbugis said:


> Hi Guys,
> 
> I'm in a tough situation. I have applied for 489 FS visa with my Spouse Last year. I'm the main applicant and Spouse as secondary applicant. Starting this Year My wife wanted Divorce and got separated but it is not officially filed. Currently she and i are living alone.
> 
> ...


Hello,

1. After providing the Withdrawal letter of Secondary applicant, does she still need to do the medicals?- No she will not be as you have already filled Withdrawal letter for her.

2. In case, if the CO grand me the VISA without the divorce certificate (as he didn't ask that even after i conveyed that we got separated), will there be any issue for me to sponsor my prospective wife?- This is tricky i am quite sure he will ask you for divorce certificate but again it depends on O.

3. Will it suffice if i provide the EX-divorce certificate while sponsoring the prospective wife?- Yes you can


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## Ausbugis (Sep 30, 2013)

espresso said:


> Hi Ausbugis,
> 
> hm, there is the following rule from Fact Sheet 30:
> 
> ...


Thanks Monika,

Let me wait for CO's reply. By chance if the CO gives me the Visa, will it suffice if i provide the EX-divorce certificate while sponsoring the future wife?


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## Ausbugis (Sep 30, 2013)

ajay.lele83 said:


> Hello,
> 
> 1. After providing the Withdrawal letter of Secondary applicant, does she still need to do the medicals?- No she will not be as you have already filled Withdrawal letter for her.
> 
> ...


Thanks Ajay,

I'm still worried about the Point NO 3.


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## _shel (Mar 2, 2014)

Not so. Until you are divorced she is your dependent and will need PCC and medical. 

You can not sponsor anyone until you have validated and are living in Australia and are legally divorced.


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## noobrex (Apr 17, 2012)

_shel said:


> Not so. Until you are divorced she is your dependent and will need PCC and medical.
> 
> You can not sponsor anyone until you have validated and are living in Australia and are legally divorced.


I also have few questions would be great if some seniors can answer -

1. I included my kids and wife in the SS application and in EOI ? However, if I do get an invite I would not like to bring them here for at least 3 more years due to some personal reasons. Is it possible that I can file 190 for just me incase I do get an invite ? Please suggest.
2. Should I change the EOI now ? I am worried that my file is under processing with Victoria ?
3. Will they need to undergo Medical and PCC ? even if they are not included in my visa ?
4. Can removing them at this state impact my 190 visa ?

Please suggest ?


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## _shel (Mar 2, 2014)

You can remove them *BUT* it is far cheaper and easier to add them. Have them validate then send them home until you want them. They have 5 years until the visa expires and can join you when you want. 

If you choose to not apply for their visas everyone needs medicals and your wife needs PCC.


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## noobrex (Apr 17, 2012)

_shel said:


> You can remove them *BUT* it is far cheaper and easier to add them. Have them validate then send them home until you want them. They have 5 years until the visa expires and can join you when you want.
> 
> If you choose to not apply for their visas everyone needs medicals and your wife needs PCC.


Thanks for resolving my query.

Just one last query, If I do not file a Visa for them then why do I need to get there PCC and Medicals. Because I think that is only required once you file the 190 Visa right ? Please correct me if I am wrong. I don't want to pay the fees for all of us at this point in time. Why cant I get it done when I file the visa for all of them.


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## _shel (Mar 2, 2014)

If you apply for a visa all your dependents, whether migrating or not, need to satisfy both health and character requirements. 

The reason being that some people believe it is easier to get a visa for their wife or child once in the country. They also believe that even if they do not meet the health and character test they will get a visa if they themselves have one. 

This is not true and DIBP want to ensure you all meet the requirements so they are not splitting families. Which they would be doing if they granted you a visa when a dependent family member did not qualify to live in Australia due to poor health or character issues.


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## noobrex (Apr 17, 2012)

_shel said:


> If you apply for a visa all your dependents, whether migrating or not, need to satisfy both health and character requirements.
> 
> The reason being that some people believe it is easier to get a visa for their wife or child once in the country. They also believe that even if they do not meet the health and character test they will get a visa if they themselves have one.
> 
> This is not true and DIBP want to ensure you all meet the requirements so they are not splitting families. Which they would be doing if they granted you a visa when a dependent family member did not qualify to live in Australia due to poor health or character issues.


First would like to thank you again for responding to my query.

1. So, if i don't file visa i dont need to get there medicals and PCC done. Even though they were part of EOI and SS application ? Please validate my understanding.

2. The reason why my wife does not come is because my mother in law is all alone here and is very old and is tough for her to live alone. 

Her son is in USA and would be coming to India after 3 years. Albeit he was to come with in this year thats why I had planned it that way, however he cannot come due to some personal issues. Due to this reason my wife wants to stay back to take care of her till the time he is back.

Can you please validate my understanding above please.


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## espresso (Nov 2, 2012)

1. _shel already answered that. You need to list all dependents as "non-migrating", if you don't want to include them in the visa application straightaway. They have to go through the medicals (all dependents) and submit PCCs (dependents of age 16years+) whether they are included or not. You cannot just "leave them off" the application, otherwise you might face problems if you want to apply for a partner visa (which also covers your kids) later-on. The "cheapest" and fastest option is to include them in the visa now, validate it and send them back home for a couple of years if that's what you want to do. 

2. Is your mother-in-law living with you? Does she depend on you to take care of her financial, medical etc. needs? If yes, you may be able to include her in the visa application as dependent as well. Three years is a long time, that way you could keep the family together. Check the Including Family Members page for details.


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## _shel (Mar 2, 2014)

If YOU do not apply for a visa no medical required. 

If YOU apply for a visa you plus your dependents need medicals even if you did not apply for THEIR visa. 

Ignore SS and EOI what matters is the application for the visa.


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## noobrex (Apr 17, 2012)

_shel said:


> If YOU do not apply for a visa no medical required.
> 
> If YOU apply for a visa you plus your dependents need medicals even if you did not apply for THEIR visa.
> 
> Ignore SS and EOI what matters is the application for the visa.


now its super clear  thanks a lot shel


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## noobrex (Apr 17, 2012)

espresso said:


> 1. _shel already answered that. You need to list all dependents as "non-migrating", if you don't want to include them in the visa application straightaway. They have to go through the medicals (all dependents) and submit PCCs (dependents of age 16years+) whether they are included or not. You cannot just "leave them off" the application, otherwise you might face problems if you want to apply for a partner visa (which also covers your kids) later-on. The "cheapest" and fastest option is to include them in the visa now, validate it and send them back home for a couple of years if that's what you want to do.
> 
> 2. Is your mother-in-law living with you? Does she depend on you to take care of her financial, medical etc. needs? If yes, you may be able to include her in the visa application as dependent as well. Three years is a long time, that way you could keep the family together. Check the Including Family Members page for details.


espresso - Thanks for resolving my query. I would put them as non migrating dependents.

Also, I so wanted that she could come with us, but she does not want to leave India at all and my wife does not want to leave her mother alone. So I think I would wait for SS first then file visa for my self alone and show my family as non migrating dependent and later on file a partner visa for her and kids. 

Thanks again for your help and guidance,


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## _shel (Mar 2, 2014)

Just so you know, at the present rates you will pay about $3000 more plus the costs of medicals and PCC for your and later their visa to apply for a seperate spouse visa. 

That price is sure to go up each year.


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