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Australian visa Health Requirements - Did you know?
Old 23rd September 2009, 12:00 PM   #1
Sheelagh Blanckenberg
 
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Default Australian visa Health Requirements - Did you know?

Did you know....
  • the Australian immigration system has very strict health requirements for all people applying for permanent residence, designed to minimise costs to Australia’s health care and welfare system?
  • people are regularly excluded from migrating to Australia on a wide variety of health grounds?
  • if any one family member fails the health requirement all family members will be refused the visa (unless the visa being applied for is one which has access to a health waiver)?
  • no condition, with the exception of tuberculosis, automatically precludes the grant of a visa?
  • all other conditions are investigated individually for estimated costs and resource use impact on the Australian community regardless of whether the visa applicant accesses these services or not once in Australia?
  • where potential health costs for a condition are determined to reach 50% or more of the average per capita health care and community services cost for an Australian over a five-year period, these costs are considered significant and likely to result in visa refusal?
  • the current significant cost threshold is around A$21,000? The calculation of this figure incorporates data on health and welfare costs plus a 20% loading to take into account rapid increases in average expenditure on health and community services.
  • costs taken into account include the applicant's likely need for medical, pharmaceutical and community services, including assisted accommodation, home and community care, special education and income support such as Special Benefit, Disability Support Pension and Carer's Pension, and that these costs can amount to more than $2 million for one person?
  • Resource use impact refers to facilities in high demand, where waiting lists are common, or where the consequences of failure to obtain treatment may seriously disadvantage a person by causing premature death, unnecessary pain or suffering or loss of quality of life. Examples of diseases or conditions which will fall within this group are ones which require:
    • organ transplant
    • recurrent use of blood or blood products
    • radiotherapy
    • dialysis
    • interferon treatment
    • nursing home or residential care, or
    • treatment for active hepatitis
That despite the above all is not lost if you or a family member have a health condition initially expected to impose significant health costs to the Australian community and thus prevent you from obtaining a visa? Speak with a professional advisor who has experience in this area as many migrants have been successful in obtaining their visa despite initial gloomy prospects.
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Last edited by Migration Help; 31st August 2010 at 07:03 PM. Reason: Update of terminology
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Old 23rd September 2009, 07:44 PM   #2
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Thank you Sheelagh for the detailed pointers. Are they found in PAM or other guidelines?


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rkc@austmigration.com.sg
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Old 12th October 2009, 09:15 PM   #3
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I have a serious liver complaint and must admit was on pins whilst waiting for my medicals to be processed. Thankfully after being sent for further investigation ( a panel specialist) i was deemed O.K and our visa's were granted.
So if you are thinking of applying and do have a medical condition, try not to worry too much(easy for me to say, i know) the answer isn't always NO!
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Old 12th October 2009, 11:37 PM   #4
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Good to hear you came through PIO3..

I agree with your comment that one must never give up hope.

The mistake many people make is to try and play down a medical condition (I guess in the hope that a case officer will 'overlook it'?). Whatever the reason though it is not a wise move.

My advice to anyone is that if you or one of your family members has a health condition you must be proactive about it and work on a strategy before you have your first medical.

You need to lead from the front and get the answers and reports in a format that reflect the condition in the best light. Do not leave it to chance or try to get a case officer feeling sorry and on side. They do feel sorry let me tell you, having worked as an assessing officer, and without exception all feel terrible when they have to refuse an applicant, but they have no choice when making a decision under the law.

It is up to you as the applicant to put sufficient evidence/paper work/research under the nose of the Medical Officer of the Commonwealth that they cannot refuse you!
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Old 1st June 2010, 07:40 AM   #5
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Regards to having Chronic fatique syndrome, does anyone know how this is viewed in regards to having a medical for migration. Mild CFS, able to work, activities of daily living not a poblem. Is CFS or M.E as is known also as, likely to have significant costs to the community and healthcare sysem. Will not need access to any benefits, have enough funds to live on, not the main applicant applying for 176 visa. Main appcant is a nurse and healthy. Understand if 1 fails, all fails. Any info would be great.Thank you,
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Old 22nd June 2010, 09:13 PM   #6
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Hi hellsbells

Welcome to the migration help forum. I am sorry your posting seems to have been overlooked!

I have never personally dealt with an ME case for migration purposes but would just state that chronic fatigue, like any health condition, will be looked at from the angle of any likely burden that the condition may impose on the people of Australia (either significant cost or access to community services). It will also depend on whether you have a mild or severe form of the condition. Discuss this with the panel doctor when you have your medical. They will be able to guide you on what the current mindset of the Medical Officer of the Commonwealth (MOC) is. My experience with other medical conditions leads me to think you are unlikely to have a major problem but you need to be proactive in this respect and be mindful you may need to get specialist(s) report(s) outlining the condition, its progress and likely (non)impact on Australia society at large i.e the financial costs as well as any usage of community services.

Hope this helps and good luck with it all.
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Old 27th September 2010, 06:11 AM   #7
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Quote:
Originally Posted by Sheelagh Blanckenberg View Post
Hi hellsbells

Welcome to the migration help forum. I am sorry your posting seems to have been overlooked!

I have never personally dealt with an ME case for migration purposes but would just state that chronic fatigue, like any health condition, will be looked at from the angle of any likely burden that the condition may impose on the people of Australia (either significant cost or access to community services). It will also depend on whether you have a mild or severe form of the condition. Discuss this with the panel doctor when you have your medical. They will be able to guide you on what the current mindset of the Medical Officer of the Commonwealth (MOC) is. My experience with other medical conditions leads me to think you are unlikely to have a major problem but you need to be proactive in this respect and be mindful you may need to get specialist(s) report(s) outlining the condition, its progress and likely (non)impact on Australia society at large i.e the financial costs as well as any usage of community services.

Hope this helps and good luck with it all.
Sorry for just a long time for me to respond to this. Thank you so much. We will have letters from both GP and specialist. Very mild form of the condition managing to work regularly. so fingers crossed.
Many thanks.
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Old 20th June 2011, 03:33 PM   #8
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Hi Sheelagh,

I have applied for migration visa - 173 for my parents & dependant sister and she got the following query after her Medical...Case officer has given me 28 days to reply, so could you guys please help me.

the best way to get my sister visa approval.

Please find more information below about the Health Query

The applicant is a 27 year old person with severe congenital heart disease. The condition is likely to be progressive.

I consider that a hypothetical person with this condition, at the same severity as the applicant, would be likely to require specialist health care services during the applicant's proposed permanent stay in Australia.
These services would include specialist medical and surgical services including but not limited to transplantation services.
I consider that the provision of the health care services to the hypothetical person in the circumstances defined above would be likely to result in significant cost and extensive prejudice of access to the Australian community in the areas of health care.

This disease or condition is a disease or condition to which paragraphs 4005(c)(ii)(A) - new & 4005(c)(ii)(B) - new in Schedule 4 of the Migration Regulations 1994 apply, regardless of whether or not health care or community services will actually be used in connection with the applicant during the period of the applicant’s proposed stay in Australia. A person with such a disease or condition would be likely to require health care or community services or would be likely to meet the medical criteria for the provisions of a community service and provision of such health care or community services relating to the disease or condition would be likely to result in a significant cost to the Australian community in the areas of health care and community services, or prejudice the access of Australian citizens or permanent residents to, health care and community services.
Therefore the applicant does not meet Public Interest Criterion(s):
4005

Serial Code(s) and Narrative:
99 Does not meet health requirement. Form 884 follows

As i have consulated one lawyer, and said it is not possible to get the visa for her? Do you agree?
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Old 20th June 2011, 06:30 PM   #9
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Hi Virendra82

A very difficult situation you and your family face.

I note you have stated in another posting you made today on another thread that you have seen a lawyer and that as a result your family has decided to withdraw their application? If this is the case I must assume the lawyer gave you their reasons why s/he felt your sister chances were nil? I am therefore, not sure I can add anything which would help you other than to ask - do you agree with the case officer's comments:

Quote:
The applicant is a 27 year old person with severe congenital heart disease. The condition is likely to be progressive.

I consider that a hypothetical person with this condition, at the same severity as the applicant, would be likely to require specialist health care services during the applicant's proposed permanent stay in Australia.
These services would include specialist medical and surgical services including but not limited to transplantation services.
I consider that the provision of the health care services to the hypothetical person in the circumstances defined above would be likely to result in significant cost and extensive prejudice of access to the Australian community in the areas of health care.
In particular, is your sister's medical condition so severe that there is a high 'probability' she will need specialist medical and surgical services during her time in Australia and a transplant in the future? (Note my use of 'probability' as opposed to 'possibility').

If the answer is yes, then based on my experience with such health matters, it is highly unlikely that your sister will meet the health requirement, and you have done the only thing you can do, and that is withdraw the application.

If the answer is no, then perhaps you could entertain pursuing the matter further, and seek a second opinion from another lawyer?

I wished I had better news for you.

Kind regards
Sheelagh
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Old 21st June 2011, 08:55 AM   #10
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Thanks for your quick reply...
Actually, I have decided to withdraw the application. However, it is possible to re-apply for Visa - 143 for my parents only, and once they get the Permanent visa, then they can sponcer and apply for my 27 year sister for sub class 101? where she doesn't need any medical requirements or waive the Health check?

Can they sill come to visit australia, while visa class - 143 is under process? as i am planning to apply for their visitor visa?

Thanks,
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