Jump to content

Found this very interesting, thought i'd share


stacyamy

Recommended Posts

For those of us who have medical conditions and are anxiously awaiting results of medicals, I found this very informative:-

 

Most Australian visas require the applicant to show that they satisfy the health criterion and conditions in accordance with Australian migration laws. Anyone wanting to migrate to Australia to live, or visit Australia temporarily to work or study must undergo a health examination, which they must pass in order to qualify for an Australian visa.

 

This includes all immediate family members of any applicant applying for permanent migration to Australia. Regardless of whether these family members intend to travel to Australia with the applicant or not, all must be assessed against the Australian health requirement. Family members intending to travel to Australia along with an applicant for a temporary Australian visa will also need to be assessed against Australia’s health requirements.

 

 

Health Criterion:

In order to satisfy the health criterion prescribed by Australian migration law, you will need to demonstrate that you;

 

are free from tuberculosis,

are free from any serious disease or health condition which would result in your being a threat to the public’s health in Australia, or in any way a danger to the Australian community,

have provided a signed health assessment certificate if you are asked to do so by a Medical Officer of the Commonwealth,

do not have a disease or a health condition that is likely to require considerable health care or community services where such health care or community service requirements would result in a ‘significant cost’ to the Australian community, or, where such health care or community service requirements would ‘prejudice the access’ of an Australian citizen or permanent resident to that health care or community service.

You must satisfy the above criterion even if you have no intention of accessing Australia’s health care or community services for treatment of any medical conditions you may have. The Department of Immigration and Citizenship (DIAC) is obliged by law to assess your medical health and any diseases you may have without regard to whether you intend to seek Australian public health services or not.

 

‘Significant cost’ to Australia:

There is currently no official definition of what Australian immigration authorities consider a ‘significant cost’ to the Australian community. Generally, any disease or medical condition which is likely to cost more than $20,000 over a period of five years is determined to be significant.

 

The actual projected costs of any medical conditions you may have will be assessed by a Medical Officer of the Commonwealth, who will then officially determine if such costs are considered ‘significant.’ You are able to make a submission to the Medical Officer explaining why you believe the costs in your case would be likely less then estimated by the Medical Officer, for example, if you are supported physically or financially by family and friends in Australia.

 

‘Prejudice the access’ to Australia’s Health Services:

You will not meet the health requirements of an Australian visa if it is determined that your medical condition would constitute a substantial prejudice to the access of Australian citizen or permanent resident to Australian health care or community services.

 

Australian immigration policy guidelines indicate that any medical conditions which would likely require any of the below are considered to constitute a ‘substantial prejudice’;

 

the use of facilities that are in high demand,

the use of facilities that commonly experience long waiting lists,

the use of medical practitioners which can be chosen according to personal preference for treatment, or

immediate treatment or otherwise possibly result in premature death, unnecessary pain or loss of quality of life.

Diseases or medical conditions which fall within this definition include ones which are likely to require an organ transplant, radiotherapy, the recurrent use of blood or blood products, dialysis, interferon treatment, nursing home or residential care or a treatment for active hepatitis.

 

Health Undertaking (Form 815):

If you have at any time had tuberculosis or any other serious contagious disease, but it is no longer active, then you will need to sign an ‘Undertaking’ Form 815 which DIAC will provide you with.

 

This undertaking is an agreement by you that you will be monitored by a government health authority while you are in Australia. It requires that you contact the Health Undertaking Service within a specified timeframe of your arrival in Australia, that you provide this health authority with a residential address at which you can be contacted, that you undergo any treatment prescribed to you and that you keep the health authority informed of where you are living in Australia at all times.

 

Satisfying the Health Requirements of an Australian Visa:

Temporary Visas

 

In most cases, applicants for a temporary Australian visa will not need to actually undergo a medical examination in order to pass the Australian health requirements. If you are applying for a temporary Australian visa, you will need to answer a series of questions concerning your health and medical history, which are included in your application form. Provided the answers given by you on your application form do not raise any concerns with DIAC officials, you will be assessed as having satisfied the health requirements for an Australian visa.

 

You are bound to be completely truthful in the answers you provide regarding your health on the visa application form. If DIAC discovers at any time that you have not been honest in the answers you’ve provided, your visa may be cancelled. A cancelled visa can detrimentally affect any future applications you may make for an Australian visa.

 

In certain cases, an applicant’s health might be considered to be of ‘special significance’ to DIAC officials. If the applicant is arriving in Australia from a country which is considered to be a medium or high risk country (regarding health) and the applicant is intending to enter an Australian classroom situation for a period of more than 3 months (including preschool, crèche, public or private schools and universities) then DIAC will consider that applicant’s health to be of ‘special significance.’ This is also the case where an applicant is coming to Australia with the intention of working or studying to be a doctor, dentist or nurse. In cases such as these, DIAC is likely to require the applicant undergo tests for HIV, Hepatitis B and Hepatitis C.

 

Your migration agent/lawyer will be able to inform you whether the country you are migrating from is in considered to be low, medium or high risk regarding health. Many aspects of the health requirements for an Australian visa are determined by what country you are entering Australia from, and what activities you intend to undertake whilst in Australia. It is therefore highly recommended that you consult a qualified migration service provider who will be able to advise you on what DIAC officials will require for your particular case and circumstances.

 

Permanent Visas

 

All applicants for an Australian permanent visa must meet Australian health requirements. If you are applying for an Australian permanent visa, then you will need to undergo a thorough medical examination, a chest x-ray, and in some instances other tests such as a HIV test.

 

All of your family members will also need to meet these health requirements, even if they are not travelling with you to Australia. In some cases, DIAC will use its power to determine that it would be unreasonable to require family members to undergo a health assessment, but this is an individual determination. DIAC will usually consider it unreasonable to require family members to undergo a health assessment in instances where the family member has been institutionalised and is unlikely to be discharged, or where the applicant has a dependent child whom they are unable to contact or where there is a court order denying the applicant access to that child.

 

If any of your family members fail to meet Australian health requirements, then all applicants associated with that family will also fail to meet the requirements, even if you as the original applicant have passed the health test.

 

Note that applicants for an Australian protection visa are not required to pass the health test. Their health will still be medically assessed, but even if they are found to be of high risk to Australia’s public health, then arrangements such as medication will be made in order to control that risk.

 

Australian Health Requirement – Medical Examination:

If you are required to undergo a medical examination as part of your health test in order to obtain an Australian visa, this will usually consist of;

 

a complete physical examination

an eye test

a hearing test

urine analysis

HIV test for all applicants for an Australian visa over 15 years of age

in some cases, a test for sexually transmitted diseases.

a chest x-ray for applicants 16 years of age and over.

Pregnant women are not required to undergo an x-ray whilst they are pregnant, but will be required to do so after their baby is born. In the interim, a pregnant woman’s visa application will not be processed until she can undergo the prescribed x-ray and provide these results along with her application. If she can demonstrate good reason why her travel to Australia should not be delayed and she has resided for at least 5 years in an area considered low risk for tuberculosis, and a medical exam shows not previous or current health issues, then DIAC may allow her to enter Australia before providing her x-ray results.

 

When There Is Doubt the Health Requirement Has Been Met:

A Medical Officer of the Commonwealth (MOC) will receive the results of your health assessment once the examinations have been completed. The MOC assigned to your case may require you to submit specialist medical reports if they perceive there to be some concerns about your health. The MOC will then provide DIAC with their official opinion on whether or not you meet Australia’s health requirements. DIAC is bound by the opinion of the MOC and their findings are final. If DIAC expresses any concerns about your health or medical history, you will have an opportunity to provide any extra information in support of you passing the health requirement.

 

If it is determined you do not meet the health requirements for an Australian visa and your application is therefore refused, you will in most cases have the right to appeal this decision. Your right to appeal relies largely on the type of visa application you have lodged. It is therefore recommended that you seek advice from a qualified migration agent/lawyer as soon as possible after DIAC informs you of their decision to refuse your application.

 

Waiving the Health Criteria:

For some visa subclasses, DIAC will waive the usual health requirements. Visas which waive the health requirement include;

 

partner (including de facto relationships)visas

fiance visas

dependent child visas

resolution of status visas

refugee and humanitarian visas already granted overseas

temporary humanitarian stay visas

Special waiver provisions can also be operated in relation to some subclasses for skilled visas, educational visas and business visas. If you believe any of these waivers may apply to you, you should contact a qualified migration agent/lawyer such as Haag Walker lawyers, who will be able to advise you regarding this.

 

Note that DIAC cannot waive the health requirements of an Australian visa in any instance where the applicant has tuberculosis or any other disease considered to be a significant threat to public health.

 

DIAC is only permitted to grant an Australian visa where health requirements have been waived if the Department is satisfied that granting such a visa would be unlikely to present any undue cost to the Australian community, or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.

 

If you intend to apply to DIAC to waive the health requirements in your case, you will need to provide as much evidence as possible demonstrating that granting your visa application would not result in either of these outcomes. It is recommended that you seek professional immigration assistance in this matter.

 

Health Assessment Validity Period:

Health assessments are valid for a period of 12 months from the date your medical assessments began. If your health assessment has expired, you will need to undergo another assessment, which will require further payment.

 

Furthermore, the medical exam, chest x-ray and HIV test if required, must all be completed within 3 months of each other. If this time limit is not met, you will need to undertake one or more of these tests again.

Link to comment
Share on other sites

As frustrating as it is I think the UK needs to take a leaf out of their book!

I agree with major dieseses that ar contagious, but some of the restrictions are just not fir especially when a person is paying over the top anyway for their health insurance.,

Link to comment
Share on other sites

Archived

This topic is now archived and is closed to further replies.

×
×
  • Create New...