Medical issues on Spouse Visa
#1
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Location: Perth, WA
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Medical issues on Spouse Visa
Hi everyone,
I have a mate on a 457 from a UK owned business with a Perth based operation. He is eligible to apply for PR but has been knocked back on medical grounds which has also just been declined on appeal. His job may also now be at risk as his UK employer might soon exit Australia.
He is in a 2-3 year relationship with an Australian Citizen, they live together with her two children from a previous marriage. They are clearly a family.
He has been told that even with a Spouse Visa this would be declined on medical grounds.
Is this correct? Should Australians not date non-Australians with any medical issues in case they commit themselves to that person and they get PR refused?
I appreciate not all 457s lead to PR and there is always that risk, however this family may be about to be torn apart.
Thanks in advance for guidance.
GG
I have a mate on a 457 from a UK owned business with a Perth based operation. He is eligible to apply for PR but has been knocked back on medical grounds which has also just been declined on appeal. His job may also now be at risk as his UK employer might soon exit Australia.
He is in a 2-3 year relationship with an Australian Citizen, they live together with her two children from a previous marriage. They are clearly a family.
He has been told that even with a Spouse Visa this would be declined on medical grounds.
Is this correct? Should Australians not date non-Australians with any medical issues in case they commit themselves to that person and they get PR refused?
I appreciate not all 457s lead to PR and there is always that risk, however this family may be about to be torn apart.
Thanks in advance for guidance.
GG
#2
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Joined: Feb 2017
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Re: Medical issues on Spouse Visa
The Australian government like the UK has the right in the immigration process to decide who who they let into the country.
Tax payers in many countries have decided they don't want immigrants who will be a drain on their health resources.
Using emotive language like "family being torn apart" is not an issue in such a situation,
Tax payers in many countries have decided they don't want immigrants who will be a drain on their health resources.
Using emotive language like "family being torn apart" is not an issue in such a situation,
#3
Re: Medical issues on Spouse Visa
If he can't pass the medical for PR then he won't pass it for a partner visa either. He has the option of returning to the UK and applying for a visa for his family to live in the UK.
#4
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Re: Medical issues on Spouse Visa
Hi everyone,
I have a mate on a 457 from a UK owned business with a Perth based operation. He is eligible to apply for PR but has been knocked back on medical grounds which has also just been declined on appeal. His job may also now be at risk as his UK employer might soon exit Australia.
He is in a 2-3 year relationship with an Australian Citizen, they live together with her two children from a previous marriage. They are clearly a family.
He has been told that even with a Spouse Visa this would be declined on medical grounds.
Is this correct? Should Australians not date non-Australians with any medical issues in case they commit themselves to that person and they get PR refused?
I appreciate not all 457s lead to PR and there is always that risk, however this family may be about to be torn apart.
Thanks in advance for guidance.
GG
I have a mate on a 457 from a UK owned business with a Perth based operation. He is eligible to apply for PR but has been knocked back on medical grounds which has also just been declined on appeal. His job may also now be at risk as his UK employer might soon exit Australia.
He is in a 2-3 year relationship with an Australian Citizen, they live together with her two children from a previous marriage. They are clearly a family.
He has been told that even with a Spouse Visa this would be declined on medical grounds.
Is this correct? Should Australians not date non-Australians with any medical issues in case they commit themselves to that person and they get PR refused?
I appreciate not all 457s lead to PR and there is always that risk, however this family may be about to be torn apart.
Thanks in advance for guidance.
GG
There is sometines a health waiver available for spouse visas.
#5
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Location: Perth, WA
Posts: 226
Re: Medical issues on Spouse Visa
The Australian government like the UK has the right in the immigration process to decide who who they let into the country.
Tax payers in many countries have decided they don't want immigrants who will be a drain on their health resources.
Using emotive language like "family being torn apart" is not an issue in such a situation,
Tax payers in many countries have decided they don't want immigrants who will be a drain on their health resources.
Using emotive language like "family being torn apart" is not an issue in such a situation,
I agree my words were perhaps too emotive. However I am sure all of us can understand how they would feel if their partner of 3 years were told to leave the country.
#6
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Re: Medical issues on Spouse Visa
Thanks. This may be an option however his partner has a business here, parents here with young kids in school so would not be an outcome they would prefer.
#7
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Re: Medical issues on Spouse Visa
#8
Re: Medical issues on Spouse Visa
Might not be what they prefer but if it's the only way to keep a family together that's what you do. However I'm guessing that as they've only been together a short while and the kids are in school he's not their father in which case The Hague Convention and the Family Court would bar the kids from being removed from the country if their birth father says no. Sadly, emotive arguments don't cut it with DIBP and either George or Peter might have a different pathway to suggest.
#9
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Joined: Feb 2009
Location: Perth, WA
Posts: 226
Re: Medical issues on Spouse Visa
Might not be what they prefer but if it's the only way to keep a family together that's what you do. However I'm guessing that as they've only been together a short while and the kids are in school he's not their father in which case The Hague Convention and the Family Court would bar the kids from being removed from the country if their birth father says no. Sadly, emotive arguments don't cut it with DIBP and either George or Peter might have a different pathway to suggest.
#10
Re: Medical issues on Spouse Visa
This is not correct, different visas have different criteria in relation to Health and for some visas a waiver of the Health criteria may be considered. Partner visas are one of the visa options where a health waiver may be considered - where the circumstances meet the criteria for the DIBP to do so. I have assisted with Partner visas that have been subsequently been granted in which significant health issues were identified where high costs have been estimated.