Medical issues on Spouse Visa

Old Apr 30th 2017, 5:33 am
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Default 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
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Old Apr 30th 2017, 6:40 am
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Default 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,
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Old Apr 30th 2017, 6:58 am
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Default 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.
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Old Apr 30th 2017, 10:16 pm
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Default Re: Medical issues on Spouse Visa

Originally Posted by Green Grass View Post
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
Speak to an agent with experience if medical issues - maybe Peter Bollard or George Lombard.
There is sometines a health waiver available for spouse visas.
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Old May 5th 2017, 10:12 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by geoff52 View Post
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,
I completely agree countries have the right to prevent immigrants who may drain resources. The irony is that medical treatment is free in the UK and becoming too expensive for many in Australia given rapidly rising gap payments and private insurance premiums. One of the weaknesses in the system is that migrants are not allowed to deposit a bond to fund their medical issues. My mate who has paid a huge a amount of tax while living here could afford to put aside a bond and pay for his own medical costs.

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.
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Old May 5th 2017, 10:14 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by verystormy View Post
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.
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.
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Old May 5th 2017, 10:16 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by Pollyana View Post
Speak to an agent with experience if medical issues - maybe Peter Bollard or George Lombard.
There is sometines a health waiver available for spouse visas.
Thanks Pollyana, it has been a long time since I have posted on here but you are as helpful as always
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Old May 6th 2017, 9:15 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by Green Grass View Post
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.
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.
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Old May 10th 2017, 7:45 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by quoll View Post
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.
Thanks Quoll. You are correct that the kids father can and would prevent them being removed from Australia as they are in shared custody arrangements. It turns out that both George and Peter have been engaged already so it appears his case is in good hands
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Old May 11th 2017, 4:18 am
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Default Re: Medical issues on Spouse Visa

Originally Posted by verystormy View Post
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.
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.
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