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PR Refused on Medical Grounds
Old 1st April 2016, 08:35 AM   #1
DannyM.Visa
 
Join Date: Apr 2016
Location: Sydney
Posts: 1
Default PR Refused on Medical Grounds

Hi All,

I have now resided in Australia for 10 years, originally as a backpacker and was fortunate enough to gain a company sponsorship 457 visa.I could go into details but lets just say, I have had some rotten luck with visas but through the help of my long term migration agent have been able to stay up until now.

I am happily married now for 5 years but not to an Australian, she has resided in this country for 13 years through family visas and currently, as a defacto on my visa. We have no direct family here now and would appreciate any advise or just to talk to anyone going through what we are at the moment...

Our current predicament.....

I am applying for a PR 186 temp entry stream visa with my wife as a secondary applicant and have recently been refused in regards to not meeting the health waiver requirements.

My wife has Alagile syndrome, this effects the function of her liver, which at the moment is stable and through medication, is possible that it may never progress. There is the chance however that one day she may require a liver transplant, although the probability being low.

For this reason our PR application was refused, we now have to wait approx 12 mnths to appeal at the tribunal which again am not very optimistic about.

I understand the decision of immigration as there is a possibility of my wife taken the place of an AUS citizen for a liver transplant, but we have been fighting to stay in this beautiful country for 8 years and have come to call this place home.

We have financial backing from my father in law to cover the costs of a transplant but i now understand that although a positive, doesn't carry much weight in our favor when it comes to the decision.

I guess I'm just venting on here as i am feeling pretty deflated about the whole process. We have built our lives and made new family and friends here, There is nothing we want more than to spend the rest of our lives in this country and i know we would be a positive addition.

Like i said i have a Migration agent who i trust and has helped us through this whole process, but would like to reach out to anyone who has experience or is going through a similar scenario for advise, comfort or better yet, reinforcement that there is a chance for us and that the fight that we continue to uphold will one day prevail.

This whole process has taken everything emotionally from us and continues to do so, never the less, we want this more than anything and will go down swinging if we have to.

Any advise or comments would be greatly appreciated.
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How did you go?
Old 29th June 2017, 06:19 PM   #2
WantingtoStay
 
Join Date: Jun 2017
Location: Brisbane
Posts: 2
Default How did you go?

Hi Danny,

I am very sorry to read about your difficulties. I am in a similar situation, except only having lived her for 6 years when including my backpacking time and I am the sick one in our relationship.

I went for a student visa to pay expensive fees in order to stay, but was first refused for multiple sclerosis, despite being a prime case of the illness going well. With help of a migration lawyer, we overcame that, only to find ourselves at the end of this visa again, now facing the same issues, again.

I understand how deflated you feel. It's a good word to express that lingering, unconscious weight that holds you down every day, whether you notice it or not. It's a natural thing for a human being to want to feel some sense of security toward the future. And then the visa health requirements are so broad, varied and the answer to everything is "it depends". There is no concrete explanation or assurance for anything.

I hope you are further in the process and wish you all the luck in the world, stranger.
Advice must, by now, be obsolete. I'm sure you've found yourself some migration lawyer, hopefully one specialising in health waivers.


GENERAL ADVICE FOR ANY HEALTH PROBLEMS AND VISA

I've just fought my way through various blogs and forums to find some useful information for us. If anyone else is reading this, the names I've come across are Maria Jockel (Melbourne), Peter Bollard (Sydney), George Lombard (Summer Hill, New South Wales), Coral Coast migration services (this is the migration agent who posts in this forum, I haven't read a recommendation or review on him). I have yet to find one in Queensland.

Here are a few websites for you to start your journey towards finding a good migration lawyer. From personal experience, I really, REALLY recommend getting a second opinion.
And going for a migration lawyer with experience in your area (both with your type of visa and with health requirements. Important.). We have made the bad experience of choosing a great lawyer, who said she could help, but in the end was unaware of many tips that would've made years of struggles so much easier. She was great at her job as a migration lawyer, just not with health requirements, and so we failed the health requirement at first and had to go through a draining process of fighting that "no".

http://www.visaaustralia.com.au/immi...racter-issues/

Maria Jockel https://www.bdo.com.au/en-au/our-people/maria-jockel

George Lombard http://austimmigration.com.au/about-us/meet-the-team/

Peter Bollard http://www.lewisbollardmigration.com.au

Migration Alliance Australia (great network for tips, questions etc.) http://migrationalliance.com.au

Coral Coast (Nick) http://www.ausvisa.net.au

Migration Institute Australia (great for general info and finding a migration agent in your area) https://www.mia.org.au



And if you have MS (multiple sclerosis) like me, contact the MS Society of your state or territory (e.g. MS Society Queensland) https://www.msaustralia.org.au
You can sign up there for a low yearly cost to get advice and help with your illness. I've also called them about prescription price estimates and other things that can help you pass your medical examination. Whichever illness you have, try to find some sort of Australian or State alliance or society, they can help you get a much better overview of pretty much everything.

One more thing - medical examinations aren't just you going in to see the doctor and them testing you. If you have a health condition, you've got to bring as much paper proof of how your illness affects you (or rather doesn't), such as letters by your home doctor, specialist doctor, then results from previous examinations from the last few years. Anything really that shows you are not as sick as your illness sounds like.

Back to Danny - let us know how you went and if you have any advice from your own experience. All the best, Jo
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