not meeting the health requirement.... what now???

[Guest OtelaII]

Hi all..... I'm stressing out!!!

 

I arrived in Adelaide (from the UK) in 2007 on an e457 visa, and shortly afterwards met a wonderful Australian lady, we were married in 2008 and we have since gone on the have 2 beautiful children.

 

I applied for a partner visa in 2010 and didn’t hear any more until 2011 when my medicals were deferred, I was asked to provide a specialist report on my condition.

 

Specialist reports were provided but I have just received a letter from immigration stating that the medical officer of the commonwealth has advised that I do not meet the health requirement!

 

What is my medical condition you may well ask?? Well… I have some arthritis in my spine for which I take regular medication! It does not affect my work, I have been working full time for the same company & promoted twice since coming out on the 457, it doesn’t affect anything, most of the time I don’t even know it’s there, my specialist even told the medical officer that my condition is well controlled. So what’s the problem…

 

The problem is that when I came to Australia I was on some cheap medication (anti-inflammatory’s) but since being here I have been put on a new drug with less side effects, unfortunately it turns out that this new drug is pretty expensive and the medical officer has simply added up the cost of the medication over the next 40 years (my expected life span?) and come to a rather large number!

 

I have been given an opportunity to (and 28 days) to put a case to immigration stating why I think they should waiver the health requirement??

 

Have any of you been through this before? I have no idea where I stand right now and it’s stressing me out thinking that I may have to drag my wife and children away from their family here in Adelaide!!!

 

Any advice you can offer would be greatly appreciated... J

[Guest Guest5035]

tell them you will go back on the cheap drug....

 

stevo

[cliffy]

I suggest you contact the Immigration Ombudsman http://www.ombudsman.gov.au/pages/contact-us/ for advice on how to appeal the decision on health grounds and maybe also get another letter from your specialist. Also, get your wife to contact her local MP and put her case to them.

[cliffy]

I also found this, maybe it will help. [h=2]http://www.immi.gov.au/allforms/health-requirements/meeting-health-req.htm

Health Waivers[/h]If you have failed to meet the health requirement you may be able to be considered for a waiver of the need to meet the health requirement.

[Guest Guest5035]

If you had arrived by boat no problem...good luck..

 

stevo

[Guest Lorraine Doyle]

I really do hope and wish you luck. What an awful situation for you all. X

[Guest Katangel]

Play the aussie wife and kids card, and that you.ll go back on the cheap one or another type that is cheaper. Definitely appeal it! Maybe try and get stat Dec.s from people to confirm that you are pretty much fit, healthy and hard working and put across how detrimental it would be to your family if they were to decline your visa. i.m glad we went through immigration ten years ago cos it just seems so ott to genuine applicants these days. Good luck!

[Guest Crushfamily]

Can't you apply for PR on the 457 after 12 months continuous employment with no mediacl conditions?

[sidestep]

I don't get it. If you're married to an Australian citizen who is resident in Australia you should be a shoe in.

[wrussell]

Hi all..... I'm stressing out!!!

 

I arrived in Adelaide (from the UK) in 2007 on an e457 visa, and shortly afterwards met a wonderful Australian lady, we were married in 2008 and we have since gone on the have 2 beautiful children.

 

I applied for a partner visa in 2010 and didn’t hear any more until 2011 when my medicals were deferred, I was asked to provide a specialist report on my condition.

 

Specialist reports were provided but I have just received a letter from immigration stating that the medical officer of the commonwealth has advised that I do not meet the health requirement!

 

What is my medical condition you may well ask?? Well… I have some arthritis in my spine for which I take regular medication! It does not affect my work, I have been working full time for the same company & promoted twice since coming out on the 457, it doesn’t affect anything, most of the time I don’t even know it’s there, my specialist even told the medical officer that my condition is well controlled. So what’s the problem…

 

The problem is that when I came to Australia I was on some cheap medication (anti-inflammatory’s) but since being here I have been put on a new drug with less side effects, unfortunately it turns out that this new drug is pretty expensive and the medical officer has simply added up the cost of the medication over the next 40 years (my expected life span?) and come to a rather large number!

 

I have been given an opportunity to (and 28 days) to put a case to immigration stating why I think they should waiver the health requirement??

 

Have any of you been through this before? I have no idea where I stand right now and it’s stressing me out thinking that I may have to drag my wife and children away from their family here in Adelaide!!!

 

Any advice you can offer would be greatly appreciated... J

 

The health criteria are among the most complex areas of migration law.

 

You might want to seek advice about the criteria for a waiver and respond accordingly.

 

A review by a RMOC might be an option, depending on the status of your case.

 

It might come merits review of a visa refusal.

 

If you are a parent of Australian children, you will probably be OK, but you have to make the case.

 

If you had been professionally advised in the first place you might not have had an issue, at least not the one you now have.

 

In my experience medical (and other) specialists often do not know the specific criteria to be addressed in reports and some of them refuse to be told.

 

May I suggest that if you want to know what the problem is and how to solve it that you consult a registered migration agent?

 

All the best with whatever you decide to do.