# Non migrating member - what does it mean?



## yamahamoto (Jan 24, 2011)

I applied for PR in Dec 2009. My wife application as 2nd applicant was deemed invalid because she was on a tourist and didnt hold a qualified visa for a PR application. Now i have got a CO and i was required to get a new medical. In the email from the CO mentions my wife as *non-migrating member*. She is still in Australia legally and waiting for a student visa. I have a a few questions to ask and hopefully you guys can clarify it for me:

*1. *what is non-migrating member?

*2. *I have talked to a few migration lawyer about my wife's situation and i was advised that she cant be added without a qualified visa so my plan was me getting my PR and apply a partner visa for my wife afterward. This non-migrating member thing is confusing me as does my wife has to submit extra documents as well? if she does then will she get PR when i do?

Thanks a lot.


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## SarahM (Feb 8, 2011)

In means that she is a member of your family that is not going to be a dependant on your visa (in this case because she is not eligible). Because she will be allowed to join your visa when she is eligible, you still need to fill out forms. She won't get PR until she meets the requirements to be able to be your secondary applicant (she can be added later).


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## yamahamoto (Jan 24, 2011)

SarahM said:


> In means that she is a member of your family that is not going to be a dependant on your visa (in this case because she is not eligible). Because she will be allowed to join your visa when she is eligible, you still need to fill out forms. She won't get PR until she meets the requirements to be able to be your secondary applicant *(she can be added later).*


thats the confusing bit....I would rather them not mentioning it at all...but why do when they know she would not be able the be the secondary applicant


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## dusty_springfield (May 19, 2011)

Hi yamahamoto,

Your wife is not eligible to put in as 2nd applicant because she's under tourist visa with condition NFS (not allow the visa holder applies other visa onshore). Bcoz she's your wife, so you suppose to put her as your non-migrant dependant. And once your wife is depart Au, you will able to add her as your 2nd applicant before the finalization of your PR application.

Hope make it clears a bit,

Cheers,


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## yamahamoto (Jan 24, 2011)

No wife's visa does not have 8503. Her 1st tourist visa was 1month, then we extended for another 10 months (still no 8503) and we again applied for a student visa and she is waiting for a decision now.
According to DIAC you need to hold a valid student visa (without 8503) to be eligible to apply for skilled migration, even for a secondary applicant.
I understand her application was rejected but why are they still mention my wife in my application?


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## SarahM (Feb 8, 2011)

yamahamoto said:


> No wife's visa does not have 8503. Her 1st tourist visa was 1month, then we extended for another 10 months (still no 8503) and we again applied for a student visa and she is waiting for a decision now.
> According to DIAC you need to hold a valid student visa (without 8503) to be eligible to apply for skilled migration, even for a secondary applicant.
> I understand her application was rejected but why are they still mention my wife in my application?


Because she's your wife and they want to know about your family members - regardless of whether or not they are going to 'share' your visa. The problem isn't that she isn't eligible to apply for her own skilled migration, but the rules of adding a secondary applicant to your own visa are that the visa status/location of the spouse can't be a tourist visa - it's confusing and stupid but you need to include your wife's details now so that eventually she can join you on your visa instead of applying for her own separate visa.


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## yamahamoto (Jan 24, 2011)

SarahM said:


> Because she's your wife and they want to know about your family members - regardless of whether or not they are going to 'share' your visa. The problem isn't that she isn't eligible to apply for her own skilled migration, but the rules of adding a secondary applicant to your own visa are that the visa status/location of the spouse can't be a tourist visa - it's confusing and stupid but you need to include your wife's details now so that *eventually she can join you on your visa instead of applying for her own separate visa.*


Thanks for your reply. I am still confused but i dont think i need to clear it since it wont be helping me. 
@saraM: Can you please advise what partner visa type should we apply for my wife once I got my PR? Thanks a lot.


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## SarahM (Feb 8, 2011)

yamahamoto said:


> Thanks for your reply. I am still confused but i dont think i need to clear it since it wont be helping me.
> @saraM: Can you please advise what partner visa type should we apply for my wife once I got my PR? Thanks a lot.


If your wife is offshore, she'd have to apply for the subclass 309/100:
Partner Visa: Offshore Temporary and Permanent (Subclasses 309 and 100)
It's actually one application, but two visa subclasses are applied for at once - first she would get TR and 2 years after (since applying) she'd get PR.


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## divya87 (Nov 9, 2011)

SarahM said:


> Because she's your wife and they want to know about your family members - regardless of whether or not they are going to 'share' your visa. The problem isn't that she isn't eligible to apply for her own skilled migration, but the rules of adding a secondary applicant to your own visa are that the visa status/location of the spouse can't be a tourist visa - it's confusing and stupid but you need to include your wife's details now so that eventually she can join you on your visa instead of applying for her own separate visa.


Even I am in same situation . I am a non migrant dependent in my husband 885 application . We got married two and half years back . I lived in aus for year and half in temporary dependent visa. Now I left Australia as my visa expired . My query is do I still need to apply offshore partner visa once he get PR. One of my frnd also in same situation . Case officer allocated recently and asked for his non migrant dependent Medicals and PCC . Why they r asking al these if the non migrant dependent have to apply for a separate visa to get PR?? It's all really confused .


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## SarahM (Feb 8, 2011)

divya87 said:


> Even I am in same situation . I am a non migrant dependent in my husband 885 application . We got married two and half years back . I lived in aus for year and half in temporary dependent visa. Now I left Australia as my visa expired . My query is do I still need to apply offshore partner visa once he get PR. One of my frnd also in same situation . Case officer allocated recently and asked for his non migrant dependent Medicals and PCC . Why they r asking al these if the non migrant dependent have to apply for a separate visa to get PR?? It's all really confused .


Contact your husband's CO to see if you can be added to his 885 application. If this isn't possible, you'd have to wait for him to sponsor you on a partner visa.


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## yamahamoto (Jan 24, 2011)

As i already stated in the original post that my wife application was invalid. After i have submitted all the required documents this is what i got from my CO:

"Thank you for your email and the attached document.

In my request dated 21/10/2011 I requested AFP clearances and health clearances for both yourself and your spouse. You have submitted your AFP clearance and I was able to assess your health clearance on line.

You did not submit your spouse's AFP clearance, neither was I able to assess her health clearance. I note that she had her health assessed previously, but this was for her student visa only and can not be accepted for permanent residence.

*Please arrange for a medical examinatiuon of your spouse for a permanent visa.*

Please submit the requested documents by 09/12/2011."

Can someone please tell me if my wife will also get her PR as well?


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## whatnext (Aug 3, 2011)

Why don't you reply to your CO and ask them directly.


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## divya87 (Nov 9, 2011)

yamahamoto said:


> As i already stated in the original post that my wife application was invalid. After i have submitted all the required documents this is what i got from my CO:
> 
> "Thank you for your email and the attached document.
> 
> ...


Have u submitted the Medicals of your wife ?? I am in the same situation of your wife . Can u pls give a reply whether your wife got PR or not, once all done . Thank u .


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## divya87 (Nov 9, 2011)

yamahamoto said:


> As i already stated in the original post that my wife application was invalid. After i have submitted all the required documents this is what i got from my CO:
> 
> "Thank you for your email and the attached document.
> 
> ...


Hello yamahamoto

Have u submitted all documents . What case officer said to u . Pls reply wen ur visa gets finalized.


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## yamahamoto (Jan 24, 2011)

Got my PR but not my wife....
we are submitting n onshore partner application now..hope it helps


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