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British Expats (https://britishexpats.com/forum/)
-   Immigration, Visas & Citizenship (Australia) (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/)
-   -   PR and HIV – Application likely to be refused? (https://britishexpats.com/forum/immigration-visas-citizenship-australia-32/pr-hiv-%E2%80%93-application-likely-refused-630763/)

john25 Sep 14th 2009 8:25 pm
PR and HIV – Application likely to be refused?
 
Hello,
How will an applicant for PR (permanent residence) be treated if he is found to be HIV-positive? Is it very likely that the applicant will be refused? I found a quote from a DIAC document (bottom of 2. page) regarding this issue:
http://www.immi.gov.au/allforms/pdf/1071i.pdf
If you are found to be HIV positive, a decision on your
application is considered on the same grounds as any other
pre-existing medical condition, ie. the main factor to be taken
into account is the cost of the condition to Australia’s health
care and community services.
Nowadays an HIV-positive person can live an almost normal, very long life if certain medicine is taken daily. As far as I understand the quote above, it is mainly a matter of money, that means the Australian government doesnt want to spend a lot of money for an HIV-positive permanent resident. But what if someone can prove to have enough financial resources to buy the medicine? What is the experience like of prior HIV-positive applicants for PR? Generally speaking: What are the chances to get PR if someone is HIV-positive?

Regards
John

Pollyana Sep 14th 2009 9:50 pm
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 7931058)
Hello,
How will an applicant for PR (permanent residence) be treated if he is found to be HIV-positive? Is it very likely that the applicant will be refused? I found a quote from a DIAC document (bottom of 2. page) regarding this issue:
http://www.immi.gov.au/allforms/pdf/1071i.pdf

Nowadays an HIV-positive person can live an almost normal, very long life if certain medicine is taken daily. As far as I understand the quote above, it is mainly a matter of money, that means the Australian government doesnt want to spend a lot of money for an HIV-positive permanent resident. But what if someone can prove to have enough financial resources to buy the medicine? What is the experience like of prior HIV-positive applicants for PR? Generally speaking: What are the chances to get PR if someone is HIV-positive?

Regards
John
Not something that has been discussed much on here. There are some agents who are particularly good on medical issues, might be worth a quick chat with one of them - try George Lombad (he posts on here and his details are in his posts) or Peter Bollard, who is often recommended on here for medical cases.

john25 May 24th 2010 10:01 pm
Re: PR and HIV – Application likely to be refused?
 
The question of this thread has not been answered yet. Does anyone have an idea / answer?

Dorothy May 24th 2010 10:26 pm
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587234)
The question of this thread has not been answered yet. Does anyone have an idea / answer?
Yes. Your application is likely to be refused. But then again...No. Your application is likely to NOT be refused.


Sorry John but there is absolutely nobody here who can say whether your application will be refused because of HIV. Polly's advice to speak to a migration agent familiar with medical issues is the best answer you could have asked for.

john25 May 24th 2010 11:13 pm
Re: PR and HIV – Application likely to be refused?
 
I have found some latest news on this issue:
http://www.aidsbeacon.com/news/2010/...grant-workers/

Apparently Australia has lowered this restriction! :-) I think this is the right way. The USA have completly removed such a HIV restriction from their immigration policy.

Dorothy May 24th 2010 11:21 pm
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587372)
I have found some latest news on this issue:
http://www.aidsbeacon.com/news/2010/...grant-workers/

Apparently Australia has lowered this restriction! :-) I think this is the right way. The USA have completly removed such a HIV restriction from their immigration policy.
Then why the stroppy post (post #3)?

Dreamy May 24th 2010 11:26 pm
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587372)
I have found some latest news on this issue:
http://www.aidsbeacon.com/news/2010/...grant-workers/

Apparently Australia has lowered this restriction! :-) I think this is the right way. The USA have completly removed such a HIV restriction from their immigration policy.
It isn't something that I have any knowledge of, but that article seemed to be more about foreign partners of Australians and those with temporary work visas. It would probably still be best for you to consult a migration agent with experience in that field, as suggested in post #2, to see how the regulations relate to your situation.

The linked US article looked to be more about actual entry into the States rather than part of a migration programme?

Dorothy May 24th 2010 11:34 pm
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by Dreamy (Post 8587397)
It isn't something that I have any knowledge of, but that article seemed to be more about foreign partners of Australians and those with temporary work visas. It would probably still be best for you to consult a migration agent with experience in that field, as suggested in post #2, to see how the regulations relate to your situation.

The linked US article looked to be more about actual entry into the States rather than part of a migration programme?
It is. It used to be that HIV+ could not be granted any visa to US, including tourist type visas. They have since taken the HIV- stipulation off the entry requirements. It has nothing to do with their actual immigration program.

john25 May 25th 2010 12:22 am
Re: PR and HIV – Application likely to be refused?
 
The other article mentioned above refers to "migrant workers". I have just found another article which says that they are planing to loosen the regulations for workers seeking permanent residence. The only state that has not signed the change yet is New South Wales. But they are definitely going into the right direction:
http://www.visabureau.com/australia/...australia.aspx

USA => It means that applicants with HIV+ can now get permanent residence in the USA. HIV is no longer an obstacle for immigrating to the USA:
http://www.immigrationequality.org/t...php?pageid=176

Pollyana May 25th 2010 12:29 am
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587475)
The other article mentioned above refers to "migrant workers". I have just found another article which says that they are planing to loosen the regulations for workers seeking permanent residence. The only state that has not signed the change yet is New South Wales. But they are definitely going into the right direction:
http://www.visabureau.com/australia/...australia.aspx

USA => It means that applicants with HIV+ can now get permanent residence in the USA. HIV is no longer an obstacle for immigrating to the USA:
http://www.immigrationequality.org/t...php?pageid=176
Did you contact any agents on the subject? That really wold be your best bet, as I suggested before. Peter Bollard is the ne most often recommended for medical issues, and he would be the best placed to give you a realistic idea.

john25 May 25th 2010 12:51 am
Re: PR and HIV – Application likely to be refused?
 
I do not have HIV. It is just a topic I am really interested in because I think that HIV should not be an obstacle for someone who wants to fulfill his or her life dreams by migrating to Australia. If such a person takes his or her medicine, you can live an almost normal life.
So to come to an conclution: Is it true that Australia is planning to abolish this HIV regulation for immigration as the USA already did?

hoofie2002 May 25th 2010 1:31 am
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587509)
I do not have HIV. It is just a topic I am really interested in because I think that HIV should not be an obstacle for someone who wants to fulfill his or her life dreams by migrating to Australia. If such a person takes his or her medicine, you can live an almost normal life.
So to come to an conclution: Is it true that Australia is planning to abolish this HIV regulation for immigration as the USA already did?
Who is going to pay for that medication though ? In the vast majority of cases it will end up being Medicare [i.e. the Government] unless the immigrant is extremely wealthy - ergo there is a cost to the taxpayer.

sidharthd May 25th 2010 4:15 am
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587509)
I do not have HIV. It is just a topic I am really interested in because I think that HIV should not be an obstacle for someone who wants to fulfill his or her life dreams by migrating to Australia. If such a person takes his or her medicine, you can live an almost normal life.
So to come to an conclution: Is it true that Australia is planning to abolish this HIV regulation for immigration as the USA already did?
John,

Why dont you contact an agent? It will be really useful with as authentic information as you can get.

-Sid

Shereen May 25th 2010 4:16 am
Re: PR and HIV – Application likely to be refused?
 
Originally Posted by john25 (Post 8587509)
I do not have HIV. It is just a topic I am really interested in because I think that HIV should not be an obstacle for someone who wants to fulfill his or her life dreams by migrating to Australia. If such a person takes his or her medicine, you can live an almost normal life.
So to come to an conclution: Is it true that Australia is planning to abolish this HIV regulation for immigration as the USA already did?
I think this thread has to be in the barbie section, since OP's question isnt related to any real scenario and he isnt willing to take this up with a specialised agent.;)

Weebie May 25th 2010 5:51 am
Re: PR and HIV – Application likely to be refused?
 
My mates partner was just granted a visa to Australia. One of the medical tests she did was HIV so it doesn't look good. WE have laws in Australia for HIV positive persons to inform potential partners of the disease before engaging in any sexual contact. If a country were to have these laws you would think that they would be flexible to would be migrants who are HIV positive.


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