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-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   Health requirement failed (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/health-requirement-failed-290885/)

felly Mar 18th 2005 2:50 pm

Health requirement failed
 
I posted the other day when our C/O said an important letter was on its way. I almost fainted when read. Me OZ, hubby Irish live in UK. Hubby told he does not meet public interest criterion 4007. We have been asked to provide comments on the medical officer's opinion. He was involved in a car accident which exacerbated his bad back which led to him not being able to work since. He has since gone back to college to pursue a music teaching course as he has no other qualifications. The college have even offered him a job in UK. What else can we include in our 'comments'? They have made him out to be suffering chronically.
Has anyone else been through this and received a successful result? I am returning to Oz 5/4 and never really dreamed he would be knocked back.
Absolutely devastated.

Chris Mitchell Mar 18th 2005 2:58 pm

Re: Health requirement failed
 

Originally Posted by felly
I posted the other day when our C/O said an important letter was on its way. I almost fainted when read. Me OZ, hubby Irish live in UK. Hubby told he does not meet public interest criterion 4007. We have been asked to provide comments on the medical officer's opinion. He was involved in a car accident which exacerbated his bad back which led to him not being able to work since. He has since gone back to college to pursue a music teaching course as he has no other qualifications. The college have even offered him a job in UK. What else can we include in our 'comments'? They have made him out to be suffering chronically.
Has anyone else been through this and received a successful result? I am returning to Oz 5/4 and never really dreamed he would be knocked back.
Absolutely devastated.


Oh I am so sorry for you, cannot really help you on immi front, just wanted to offer some support.

Best wishes Chris

whimsies Mar 18th 2005 3:02 pm

Re: Health requirement failed
 
How did the medical officer find out about his bad back did he mention it or was it on his file, as my partner is on incapacity benefit and she is hoping to get back to work before I apply for her defacto visa. Will she have to mention past medical problems.

whimsies

Laurie1st Mar 18th 2005 3:06 pm

Re: Health requirement failed
 
Oh, that's just terrible.

Can you get a statement from your regular doctor saying that it has not been a chronic problem?

I think what they are probably afraid of is that your hubby won't be able to work because of this condition, and will become a drain on the public system. I think that you need to aleviate that concern by showing that he can work, and more importantly, he plans to work.

Can you get a letter from the college in the UK stating that they have offered him a position? Maybe some statutory declarations from people in your life who have seen that this condition does not preclude him from living a normal life?

I hope this helps. Keep us posted.

Laurie1st Mar 18th 2005 3:08 pm

Re: Health requirement failed
 

Originally Posted by whimsies
How did the medical officer find out about his bad back did he mention it or was it on his file, as my partner is on incapacity benefit and she is hoping to get back to work before I apply for her defacto visa. Will she have to mention past medical problems.

whimsies

I believe so. I think I remember a question on the form that asks if there are any conditions that had caused me to not be able to work. I could be wrong, but I am 99% sure that it was there.

Pollyana Mar 18th 2005 3:12 pm

Re: Health requirement failed
 

Originally Posted by felly
I posted the other day when our C/O said an important letter was on its way. I almost fainted when read. Me OZ, hubby Irish live in UK. Hubby told he does not meet public interest criterion 4007. We have been asked to provide comments on the medical officer's opinion. He was involved in a car accident which exacerbated his bad back which led to him not being able to work since. He has since gone back to college to pursue a music teaching course as he has no other qualifications. The college have even offered him a job in UK. What else can we include in our 'comments'? They have made him out to be suffering chronically.
Has anyone else been through this and received a successful result? I am returning to Oz 5/4 and never really dreamed he would be knocked back.
Absolutely devastated.

First of all, lots of sympathy - what a blow.
Seconndly, I would get an agent involved fast. Someone good on medical stuff. I am guessing you would need specialists reports to prove he will be able to bring in an income, something like that.

One name I have heard on here is Peter Bollard, based in Sydney,
http://users.bigpond.net.au/onk/
He gets recommended by agents on here a fair bit.

Good luck

Polly

felly Mar 18th 2005 3:57 pm

Re: Health requirement failed
 

Originally Posted by Laurie1st
Oh, that's just terrible.

Can you get a statement from your regular doctor saying that it has not been a chronic problem?

I think what they are probably afraid of is that your hubby won't be able to work because of this condition, and will become a drain on the public system. I think that you need to aleviate that concern by showing that he can work, and more importantly, he plans to work.

Can you get a letter from the college in the UK stating that they have offered him a position? Maybe some statutory declarations from people in your life who have seen that this condition does not preclude him from living a normal life?

I hope this helps. Keep us posted.

I just called some immigration experts as I was just going to right a letter explaining what steps we have taken. We really have to prove that he will not claim anything while in OZ. I will wait for the expert advice but surely they will say we need their services as that's how they earn a living. Not looking forward to the weekend at all, completely down and depressed.

George Lombard Mar 18th 2005 4:26 pm

Re: Health requirement failed
 

Originally Posted by felly
I just called some immigration experts as I was just going to right a letter explaining what steps we have taken. We really have to prove that he will not claim anything while in OZ. I will wait for the expert advice but surely they will say we need their services as that's how they earn a living. Not looking forward to the weekend at all, completely down and depressed.

Hi Felly,

As it's condition 4007 the health problem can be waived; if the visa is refused you can also appeal. On that basis I strongly advise you to contact Peter Bollard in Australia as Polly suggested.

Cheers,

George Lombard

www.austimmigration.com.au

Laurie1st Mar 18th 2005 4:54 pm

Re: Health requirement failed
 

Originally Posted by felly
I just called some immigration experts as I was just going to right a letter explaining what steps we have taken. We really have to prove that he will not claim anything while in OZ. I will wait for the expert advice but surely they will say we need their services as that's how they earn a living. Not looking forward to the weekend at all, completely down and depressed.

Sending some karma your way...

moneypenny20 Mar 18th 2005 4:56 pm

Re: Health requirement failed
 

Originally Posted by whimsies
How did the medical officer find out about his bad back did he mention it or was it on his file, as my partner is on incapacity benefit and she is hoping to get back to work before I apply for her defacto visa. Will she have to mention past medical problems.

whimsies

Ohh yes, no getting away with anything with DIMIA. You are asked to supply all medical history including whether you have ever had wind or a cold! Some like that can be vaguely ignored but any important stuff even if no longer a problem must be revealed. Get a letter from your partner's GP or consultant explaining what is/was wrong, how it has been dealt with, any drugs, how she is now etc etc and take that along to your medical.


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