barker

Medicals generally last 12 months + a discretionary amount of time (up to 6 months further, if you meet certain criteria and that is up to the processing case officer). 

Generally if you aren't what we call "A grade" on your medical, you may be required to undertake further health examinations. Proteinuria can occur for a variety of reasons, some of which may be transient. What I would do is have my GP do another dipstick and see if the problem still exists. Being well hydrated can help with these problems. If your urine is dilute, this can potentially solve the problem, especially since the dipsticks are very crude and use a reagent based method of testing for protein. 

Were you referred to a nephrologist? (kidney specialist)

As always, if in doubt consult a migration agent for advice specific to your situation.  

Here is the advice the department gives medical officers:

15 hours ago, KimL said:

Hi bARKER

I am Kim. I have been worked for my employer in a regional area for three years already, start from Jan 2015 till now. I start with my 457 visa from 2015 and I have got my PR since July 2017. I have worked very hard for these three years and because of that, my body condition is getting worse and worse. also I had a car accident three years ago. I suffered a lot of symptoms and I went to see the GP as well, he suggests that I should quit my job to avoid further injury. I have talked to my boss and he agreed to let me go ( I know this is against the 187 condition which is employee should work at least two years for her employer after she got PR). 

My boss said as an employer, he cannot dismiss me due to my medical condition, if he do then he will be in trouble. The only thing I have to do is hand in a resign form and then I can leave. However, I am very scared of my PR might get cancelled by this condition. one the one hand, I really cant work and on the other hand I am scared my visa might get cancelled if I resign. I have a medical certificate from my GP. and car accident report from the hospital. Do you suggest I can write a resign form and leave this job behind? 

Hi Kim, 

I'm sorry about your situation. I'm not a migration agent or a lawyer, and would suggest you contact one for some advice. 

That being said many questions that apply in medically related employment problems:

Is your job a physical job? Was this a workplace injury? Was this accident in Australia? Was this covered by mandatory insurance that every vehicle has (compulsory third party)?  Is your employer able to accommodate you in any way? Would you be able to negotiate unpaid leave? Do you have income protection insurance through your super? 

These questions will play a large part in your decision making process and certainly resigning is something that should be discussed with an RMA, even if just a 30 minute or 1 hour consultation. 

There is no obligation for the employer to notify DIBP.

According to DIBP the vast majority of cancellation proceedings for 187 visas are as a result of employer notifications. They do not actively seek out to investigate whether someone is still with their employer, however there is nothing to prevent this. Long story short, from their own info and guidance, if your employer doesn’t say anything, nothing seems likely to happen. 

Another, more crafty method of accomplishing this is formally negotiating and more importantly documenting leave without pay with your employer. This is specifically allowed by DIBP and counts towards your two years. Of course you can take another job during this time. 

Here’s the links. For those dual citizens needing to travel in a hurry with kids etc (future post readers) just read this.

Info: 

https://www.homeaffairs.gov.au/lega/lega/form/immi-faqs/what-is-an-australian-declaratory-visa

Application:

6 hours ago, wrussell said:

Yes.

An Australian citizen cannot be granted an Australian visa in a foreign passport.

Ask about applying for a Australian Declaratory Visa which isn't really a visa but lets you travel. @Cubic  

On 24/02/2018 at 22:13, Siddu said:

Better save this info quick, before @Raul Senise complains.

10 minutes ago, Raul Senise said:

Just highlighting that as Agents we must work within the bounds of the Law and are bound by ethical standards of a code of conduct. You on the other hand provide Immigration advice and are not bound by any legal or ethical limitations and are not accountable for your advice or actions.

Before you go impugning me, I suggest you have a search on this site for all the other RMAs who are posting direct cuts from legendcom.  

Also those terms say "If you are, or represent, a public library, a library in an educational institution, a government agency or a non-profit institution allowing public access to data" A user using the service is not bound by the conditions. The library is. 

Since we are getting quote happy today,  I most certainly DO NOT provide immigration advice, please note the following from the DIBP site in regards to the definition of advice. You should look at some of the people posting on this site, and then tell me again that I'm posting advice. 

Like I said before, I always say consult an RMA. Anyways, I would like to be excluded from this narrative. Have a good day. 

"

Activities not regarded as immigration assistance include:

• clerical work to prepare (or help prepare) an application or other document.
  The term clerical work includes, but is not be limited to:
  • typing answers into an application/document
  • writing answers into an application/document
  • translating answers into an application/document
  • photocopying an application/document
  • collating documents
  • indicating where certain information should go in an application form
  • paying the Visa Application Charge
  • physically lodging an application
  • posting or emailing an application/document.
• providing translation or interpretation services to help prepare an application or other document
• advising another person that the other person must apply for a visa
• passing on information produced by a third person, without giving substantial comment on or explanation of the information. "

3 hours ago, Raul Senise said:

@barker again you have published Information which you do not have the legal right to do.

As previously when you where publishing MIA news letters without permission, you are now publishing LegendCom information in breach of the Terms and Conditions of use.

Again, you probably don't care as you are not the LegendCom subscriber who pays for membership, but I wonder if your employer knows that you are accessing their LegondComn account and using it in breach of the terms and conditions.

So the first document that Stung posted was out of date, and the one I posted is now inappropriate to post because of copyright. I am sensing a bit of credence to Stung's theory that you really have a problem with information in the public domain.

Need I mention again that anyone with a pulse can access LegendCOM for FREE and copy this information from their local library. 

Also, amusingly you will find that Westly has posted many long excerpts from the PAM3 and LEGENDcom himself over the years. 

I can't be bothered to go back in the stacks and give you each revision. Here's the current excerpt. I'm guessing the RMAS will be triggered. I am not an RMA just to clarify. As always consult your local migration agent with any questions. (I feel like this is one of those "talk to your doctor" disclaimers) 

BTW, did you know that you can access LegendCOM at any state public library for free! Obviously that's not how I access it, but it's free during business hours. 

I realise it will be expensive, but you will need to do either one or the other of these. The identity verification is codified in National Law and it's just how AHPRA works. 

In order for the 457 to be granted, you will be asked for the Registration in Principle document which assures the government that you meet the criteria for registration. 

The reason people don't apply simultaneously is because incomplete applications are processed slower, and  also you have 28 days from the time they ask you to respond with a "IMMI s56 Request for More Information" before they refuse your visa. If for some reason you don't have this registration in principle, you've just been refused a visa and lost your money. 

I'll see what I can do it might be tricky as each individual migration stack update has its own change log, and it's been changed many times over the last 4 years. 

LegendCOM is down at the moment until tomorrow but I let you know what I come up with. 

If you let me know what you're after, I can pull it up. 

21 hours ago, Jaiden said:

Hi guys 

I have applied RCB, NOMINATION AND 187 VISA APPLICATION lodged on 1 June 2017 

under the category of marketing specialist in Canberra 

RCB APPROVED 5/8/2017

Nomination approved 10/8/2017

but unfortunately I have received refusal of my visa on 8 feb 2018 

reason is that on this category they need 5 years experience or bechlor degree. I have claimed 3 years 8 months. I don’t have bechlors degree.we going to apply AAT soon.

Please any one have any idea or have experience that after approval of nomination it was refused any what would be the possibility in AAT.

awaited for your early reply guys thanks 

The ANZSCO description for Marketing specialist 225113 and the unit code is very cut and dried unfortunately. I'm not sure what grounds you could appeal with. 

"Most occupations in this unit group have a level of skill commensurate with a bachelor degree or higher qualification. At least five years of relevant experience may substitute for the formal qualification. In some instances relevant experience and/or on-the-job training may be required in addition to the formal qualification (ANZSCO Skill Level 1)."

3 hours ago, Wentan123 said:

Hi guys, i just have a bit of question. who knows someone has done it before.

i’m currently PR (187) and will finish my contract end of may. So i still have 1 month annual leave from my company. Would it be okay if i quit 1 month before my contract finish? As i still have 1 month annual leave, so they still have to pay me for a month wages.

 

thank you

Here is the quote from the DIBP in regards to this, however it refers to leave without pay. Since leave without pay counts, I'd be willing to bet that leave with pay counts as well, but you could always check with a migration agent. The other thing is, the only way the DIBP finds out you stopped working there is generally if the employer themselves notifies them. 

"

If the employer provides information that the visa holder has permanently ceased to work for the employer, the delegate may issue a notice of proposed cancellation. For more information, refer to Proposing cancellation.

Circumstances may arise where a visa holder is on leave without pay (LWOP) during the required two year employment period. Where an employer has approved LWOP, it is not generally regarded as a break in the continuity of service. Approved LWOP is also a standard condition in most awards. Therefore, any LWOP that has been approved by the employer is not to be regarded as a termination of employment.

Previous periods of employment for the same employer whilst the holder of another class or subclass of visa (such as a UC-457 visa) does not count towards the required period of employment. However, they may be relevant in assessing genuine effort."

Yes, you can try this email. student.visa.help.desk@border.gov.au or alternatively wa.evisa.Students.Helpdesk@border.gov.au

1. 53 minutes ago, JD3006 said:

   I haven't claimed the language points or claimed points for my partner. 

   Still scoring 70 points. 

   My main question is if I haven't claimed for them why is there a section for me to upload a result. Is this normal for all immi accounts ? 

   Do I need to upload my passport under that section. 

   Also any idea on the other requests such as custody proof for my fiance?

   Basically my question is are all these document request just standard for apearing on all immi accounts and not tailored for your specific application. 

    

   The list of documents on your immiaccount are simply a standard template for EVERY application, it does not mean they are asking for them. They are simply a "prediction" of what may be required. You'll probably see a green, orange and red icon by each document, some of which may not apply to you. 

As you mentioned you haven't had a CO allocated, and you have not been asked for these documents formally. 

Here's the example:  They often provide many categories that are just suggested. 

Interesting read. Makes you wonder what else they do behind the scenes. After all, the whole 187/186 debacle can’t be only due to more applications. Crafty and cunning work to deny people who risked it all PR. 

They set the bar, and once you get near it they reset it farther away.

I think what’s most sickening, is if you read the attached pdf , page 3 paragraph 4-6 they refer to the PPV (permanent protection visa) as a “risk” — as in the risk of someone being granted the visa as a requirement of law.

4709710b-4945-4c0a-bebc-3ad6519c36f4.pdf

Article

4 hours ago, Mesh said:

My colleque who is also a medical practitioner... applied for 187 visa and she got the nomination apprived after 13 months and visa at 15 months...they take so long ??

Is she from a high risk or low risk country? Is it a GP position or a government job? All important factors. Don’t lose hope!

Like I said it’s anecdotal and literally just my personal experience of n=7ish people over the last year. These were all nominees from a state government, and highly skilled. 

Given the low risk and high demand for these folks, it stands to reason to process these applications quickly, because lots of times if you can’t promise PR (and fast!) they will just go to another country for work.

If you look at the overall visa applications for the medical practitioner category they are almost negligible in comparison to the other applications. 

Keep in mind that's just anecdotal and could vary, although I can't remember the last time anyone I know that has applied over the years and has taken longer than maybe 8 months? But this was because they didn't have their documents and really didn't make much of an effort to turn them in etc so they were asked for one thing after another. 

On 1/25/2018 at 14:07, Mesh said:

Thanks Waris for the reassurance.It certainly helps.Thanks ??

We have had several medical practitioners at my place of work approved for both 186 and 187 visas, all within about 4-5 months. Several (8 ish) also under 189 which is also about 4 months. 

Like Fida said it’s more or less a waste of money. I guess if you have good ovhc it might cover private hospitals that would be the only reason I could see keeping it

Double Post

So much misinformation out there, don't get caught up in it. 

This is a quote from DIBP LegendCOM : 

"Temporary visa holders who apply for a permanent visa may, in some circumstances, be eligible for Medicare benefits until a final decision is made on their permanent visa application. Temporary visa holders who hold a valid Medicare card under these circumstances may be considered to meet the minimum requirements for adequate health insurance for the period of time they hold the valid Medicare card."

8 hours ago, DXW059 said:

Hi, 

I don't understand how medical registrars can actually apply like this because they would not be able to meet the skills assessment for the specialty they are applying for. For example, a GP trainee will not have the full MRCGP qualification until around the end of their training and up until this point would not pass the skills assessment for a GP. 

Does that make sense? Am I misunderstanding?

Cheers

Dan 

The skills assessment does not matter in this instance. Here is the wording from the government on this:

10.3.7.1 Medical Registrars
Positions in which doctors are completing their hospital based training are known by various terms throughout the process, such as Resident Medical Officer, Junior Registrar and Registrar.

The occupation of Resident Medical Officer (ANZSCO 253112), which also includes the occupation of Medical Intern as a specialisation, is an appropriate occupation to describe doctors who are completing this period of hospital based training and may be used for the entire period so that different nominations are not required each time the doctor starts a rotation in a different speciality.

If, after the initial period of hospital based training, the doctor chooses to specialise in a particular field and accepts a position as a Registrar to train in a particular speciality, it is also appropriate for them to be nominated in the relevant specialist Medical Practitioner occupation (unit groups within ANZSCO minor group 253) - for example:
 

• a doctor working as a Cardiology Registrar could be nominated in the occupation of Cardiologist (ANZSCO 253312)
• a Paediatric Surgical Registrar could be nominated in the occupation of Paediatric Surgeon (ANZSCO 253516).

This is because the various ANZSCO unit groups within minor group 253 provide that Medical Registrars training in these specialties are included in the respective unit groups. In such cases, it is appropriate for either occupation to be used to describe the position (Resident Medical Officer or the relevant specialist ‘Medical Practitioner’ occupation).

To ensure that any associated visa application is assessed against the appropriate skill requirements, applicants should clearly note in both the nomination and visa applications that the position is that of a Registrar.