www.kalatas.com.au | April 2012 | Vol. 2 No. 7 Reminder to spouse applicant C


onsider this scenario: you are in Australia being sponsored by an Australian husband and you have a seventeen year old son left in the Philippines that you are supporting. The question is – will he undergo medical examination as part of your application. The answer is yes. The law requires that your child in the Philippines whether or not he is migrating with you to Australia must undergo health assessment. Your child will arrange for medical and x-ray examinations upon receipt of acknowledgment letter of your application from the Department of Immigration and Citizenship (DIAC). The child will bring to the panel doctor completed forms 26 and 160; original passport for identification; four passport pictures; the fees payable and the letter from the Immigration. The child will advise the doctor to send the results directly to DIAC Office in Australia.


As to police check of the child in the Philippines, it is required that dependant child aged 16 years old and over will all apply for NBI clearance and the certificate will be forwarded to the parent in Australia. If the applicant or the child resided in a foreign country for 12 months or more within the last 10 years, a police check certificate from that country is required.


The sponsor is also required to submit a national police check from the Australian


Federal Police in Canberra if a dependent child is included in the spouse application. I am still consulted time and again by spouse applicants who has some problem with documents submitted like annulment of previous marriage or late registered birth certificate which are knowingly or unknowingly are not genuine. DIAC will now check at NSO in Manila the birth certificate of the applicant and their dependents and certificate of marriage or certificate of no marriage (CENOMAR) to check the authenticity of documents submitted. Submission of fake or bogus document is against the law and the application will surely be refused. For example, I have a client who has been denied because her sister obtained a fake annulment of marriage and because of that fake annulment, the woman married her partner in Australia. The advice in this situation is not to submit a fake document and instead consider sponsoring the spouse on a de-facto partner visa if the couple has lived together for a total of 12 months.


If you submit late registered birth certificate of the child, DIAC now requires school records of the child and baptismal certificate. There is an instance where a different name is used by the spouse applicant. The Immigration now requires additional proof of documents like school records and photo identification of the visa


L applicant.


If your entry in the application form is wrong or you made a mistake in answer to a question in the


application form, you are required by law to notify DIAC of any incorrect answer made either in the application form or passenger card. For example, in the application form the spouse applicant did not mention by mistake about the child from previous relationship who is living in the Philippines. Under the law, the applicant will submit form 1023 and state the incorrect answer written in the application form and indicate out the correct answer. This obligation is continuing even after visa has been granted. Failure to correct the information will result in the spouse not being able to sponsor that child to Australia in the future. DIAC can even check the entry of a passenger card of arriving passenger. For example, if you are in a relationship and has a pending spouse application, make sure that the passenger card that you usually fill in the plane must contain the contact address and telephone number of your spouse, otherwise, the Department will raise issue on genuineness as parties on a genuine and continuing relationship will put the name of their spouse as contact person in case of emergency.


What if your sponsored spouse has a


BC Asia Pacific Marketing is intensifying its global marketing campaign to take a larger share of the Filipino community market in the Sydney metropolitan area, starting at Blacktown city. In an interview with Ang Kalatas newspaper and Radio Kawayan recently, Country Head Delfin Posada said that LBC was now into a cycling project, Ronda Pilipinas. There are now 10 promising Filipino cyclists in the list, selected from the recent Ronda Pilipinas qualifying race held in the Philippines recently.


community | 07 Immigration


ity


Jessie Icao Solicitor


criminal record? The spouse application might be refused on character grounds. In one instance, I had a case where a Romanian national with criminal conviction was granted spouse visa because they have a child from the relationship and the husband’s crime having been committed a long time ago and the medical condition of the wife having post natal depression with no family support except the husband requires that the visa be approved. If this happens to you, you have to back your claim with medical certificates and character references of a reformed applicant for the application to succeed.


For those who require additional information on all aspects of immigration, this writer provides free initial telephone consultation and he can be contacted on 0412 269 439.


Mr. Jessie Icao is a practising solicitor in New South Wales and registered migration agent since 1993 MARN 9367993. He is also admitted as a lawyer in the Philippines. The information is of general nature and cannot be relied on its entirety. I suggest that you consult a registered migration agent or refer to the relevant law.


Updates on race results are on www.rondapilipinas.com. The national qualifying race in the Philippines for the Ronda Pilipinas 2012 was a huge success. Hurdle laps will be part of the biggest cycling event to take place between May 23 and June 10, 2012.


According to Mr. Posada, who was in Sydney with LBC Vice President for Asia Pacific and Australia Joel Nicolas T. Mesina and Remittance Brand Head Ethel P. Ines, LBC plans to bring promising Filipino cyclists to Sydney for training in the months of June to July.


It wants to attract Filipino-Australian cyclists to join this training camp.


Mr. Mesina said: “Our goal and vision are to send a team to the Tour De France or La Avive De Tour by 2020.” He said opening a New Zealand branch in New Zealand was under study in terms of business viability and service aspects.


‘’It depends on demographics,’’ Mr. Mesina said. ‘’How would you compare Blacktown to other parts of Australia? Safer. Different from Singapore and HongKong.’’ LBC is targeting young migrants, and going on a promise to deliver on time.


By NILDA CARPO


LBC Marke ng Team from le : Delfi n Posada, Joel Nicolas T. Mesina, Ethel P. Ines with Josie and Gerry Musa of Radio Kawayan and Jason Orlowsky of Ang Kalatas.


The company is also looking at coping with competition, attracting small businesses, maintaining affordable pricing. LBC boasts more than 500 branches across the Philippines, and continues to get more advertising and merchandising exposure on print, radio, and new media.


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