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GO2012

Non migrating members of the family unit

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Appreciate if anyone could confirm if non migrating refers to any family members living with and dependent on the applicant or is it to include parents and sibling who are not dependant or living in the same home....and not migrating to Aust.

 

Regards

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3 minutes ago, GO2012 said:

Appreciate if anyone could confirm if non migrating refers to any family members living with and dependent on the applicant or is it to include parents and sibling who are not dependant or living in the same home....and not migrating to Aust.

 

Regards

the family members that this is referring to is close family members: children, siblings, parents etc (including step and half). It does not means aunts, uncles, nieces and nephews etc.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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but surely if they live independent lives in all cases (parent, brother and sisters) you would only include in the following partner visa question. Listing them twice seems odd and then requires there marriage certificates etc to be added. Is this definitely the case if they are non dependent on the applicant.

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3 minutes ago, GO2012 said:

but surely if they live independent lives in all cases (parent, brother and sisters) you would only include in the following partner visa question. Listing them twice seems odd and then requires there marriage certificates etc to be added. Is this definitely the case if they are non dependent on the applicant.

I need to know what the exact question is you are referring to. All I have got to go on here is "non-migrating family members". Can you clarify please?


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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Thanks for responding ....11/27

Non-migrating members of the family unit

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

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4 minutes ago, GO2012 said:

Thanks for responding ....11/27

Non-migrating members of the family unit

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

Okay I understand what you are asking now. 

There should be three questions in succession:

Q. Migrating members of the family unit:  Are there any migrating members of the family unit included in this application?

Q .Applicant's Immediate Family Members Does the applicant have any parents, siblings or children including those that are deceased?

Q. Immediate family member Give details of the applicant's parents, siblings and children including those that are deceased.

You will note that one question refers to family unit, whereas others refer to immediate family unit. You can find the definitions of both in the Migration Regulations:

Regulation 1.12 Member of the Family Unit and Regulation 1.12AA Member of the immediate Family 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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15 minutes ago, GO2012 said:

Reg 1.12 is extremely confusing, but suggests as I thought there needs to be a child of or reliance on the family head to be a member of the family unit.

You are correct. For example look at regulation 1.12A(4)(d). 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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Thanks and yes I did read 1.12A (4)d, however one would suggest that is a reference to a specific visa as is (3) (4)(5)under Protect, refugee and humanitarian visas.

Protection, refugee and humanitarian visas

             (3)  Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas:

          

             (4)  A person is a member of the family unit of another person (the family head ) if the person is:

                     (a)  a spouse or de facto partner of the family head; or

                     (b)  a dependent child of:

                              (i)  the family head; or

                             (ii)  a spouse or de facto partner of the family head; or

           

                     (d)  a relative, of the family head or of a spouse or de facto partner of the family head, who:

                              (i)  does not have a spouse or de facto partner; and

                             (ii)  is usually resident in the family head's household; and

                            (iii)  is dependent on the family head.

 With those conditions in 1.12A...if the applicant, lived alone and has no children or spouse/partner, they should be the only member in their family unit.

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6 minutes ago, GO2012 said:

Thanks and yes I did read 1.12A (4)d, however one would suggest that is a reference to a specific visa as is (3) (4)(5)under Protect, refugee and humanitarian visas.

Protection, refugee and humanitarian visas

             (3)  Subregulation (4) has effect for the purposes of the main definition so far as it is relevant to a provision of the Act or these Regulations applying in relation to any of the following visas:

          

             (4)  A person is a member of the family unit of another person (the family head ) if the person is:

                     (a)  a spouse or de facto partner of the family head; or

                     (b)  a dependent child of:

                              (i)  the family head; or

                             (ii)  a spouse or de facto partner of the family head; or

           

                     (d)  a relative, of the family head or of a spouse or de facto partner of the family head, who:

                              (i)  does not have a spouse or de facto partner; and

                             (ii)  is usually resident in the family head's household; and

                            (iii)  is dependent on the family head.

 With those conditions in 1.12A...if the applicant, lived alone and has no children or spouse/partner, they should be the only member in their family unit.

My reading of this is that the visas mentioned in 1.12(3) are limited to the main definition of members of the family unit [see r112(1)]. Regulation 1.12(3) limits the definition of members of the family unit to those visa listed in that regulation.


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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Thanks for your review and response.

I take it I can safely answer no to 11/27 as 1.12A(4)d is the only reference to relatives and states....do not have a spouse and lives with and is dependent on the family head. As applicant lives alone with no children there is no non migrating members exist.

Thanks again for your patience here..

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On 2/16/2019 at 5:26 AM, AFV said:

the family members that this is referring to is close family members: children, siblings, parents etc (including step and half). It does not means aunts, uncles, nieces and nephews etc.

Does this really include half siblings? I mean to say that I've got a completely estranged group of people with whom I share the same father (deceased) but we are not in contact. Do they need to be included as getting their personal info will be very difficult. Thanks!

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25 minutes ago, shawndee said:

Does this really include half siblings? I mean to say that I've got a completely estranged group of people with whom I share the same father (deceased) but we are not in contact. Do they need to be included as getting their personal info will be very difficult. Thanks!

Screen Shot 2019-02-19 at 8.51.25 am.png

It has always been my understanding that siblings refers also refers to both step and half. 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

 

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On 2/19/2019 at 10:23 AM, Nightcall said:

Doesn't include step brothers/sisters, as your sibling is someone who has at least one biological  parent in common with you.

So half brothers/sisters are siblings. 

 

Screen Shot 2019-02-20 at 8.24.49 am.png


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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3 hours ago, Nightcall said:

Sorry if my context wasn't clear, I was referring to what is a sibling. Obliviously if they ask for step brothers and sisters they need to be included.

I agree with you. What they ask for in not what meets the definition under the Migration Regulations it would appear. 


Please note that this posting is of a general nature only. It does not constitute legal or migration advice and may not apply to your particular circumstances.

 

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may i know what is the Non-migrating members of the family unit means? i have parents and sibling that is not migrating , and not interested to.  do i answer yes? but i also read elsewhere that family unit means spouse and children, am so confuse.

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14 hours ago, WM8 said:

may i know what is the Non-migrating members of the family unit means? i have parents and sibling that is not migrating , and not interested to.  do i answer yes? but i also read elsewhere that family unit means spouse and children, am so confuse.

For immigration purposes the family unit comprises partner/spouse and children

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