Guest geekygibbo

Emigrating with autism

91 posts in this topic

Hello all, we are about to start the process of emigrating but have a concern that seems to be getting different responces so would like help!

Our 5 year old is statemented as having mild autism he is in main stream school with support for 15 hours per week will this prevent us from getting accepted? It would be great to here from anyone with advice!

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hi i cant give you any definite advice - you would have to get help from a specialist medical adviser - basically they want to know how much of their resources you would use and how much that would cost them and as my agent states if they would be a "drain on their society" sounds nice doesn't it.

keep in touch with any news julie

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Yes definitely seek out an agent who specialises in medical conditions. The one often mentioned in that regard is George Lombard (no affiliation blah blah).

 

15 hours a week is a substantial support for most jurisdictions - that's half time. He may not get that level of support here if your visa is approved (that's our general top level support for mainstream although there are individuals who get more but usually very high personal support needs, wheelchair etc). But, if your visa is approved (let's be positive here) then bring along IQ assessments, therapy assessments, evidence of diagnosis assessments, skill level and adaptive behaviour assessments and then you will be well prepared to apply for support in school when you arrive.

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Hello all, we are about to start the process of emigrating but have a concern that seems to be getting different responces so would like help!

Our 5 year old is statemented as having mild autism he is in main stream school with support for 15 hours per week will this prevent us from getting accepted? It would be great to here from anyone with advice!

 

Hello Gibbo

 

Welcome to Poms in Oz.

 

Could you tell me your occupation please and also which visa are you interested in?

 

The law is in a state of flux at the moment concerning the operation of the health requirement in relation to secondary vias applicants, particularly children with disabilities, following a couple of high profile Ministerial Interventions recetnly.

 

Best wishes

 

Gill

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hi gill

can you expand on what you said regarding health requirements for visas as we also have a child with autism and would be interested in any info you have re medicals

many thanks julie

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The health requirements are that you must meet Public Interest Criteria 4005,this pits you against a hypothetical Australian citizen with the same needs as your child and works on the assumption of you costing them around 20k aud over 5 years in specialist therapy,educational or medical needs,if you are deemed not to meet PIC 4005 then you are more than likely going to get a medical refusal by the MOC>

It can be a bit daunting and my advice to yuo is do your homework and do not be put off by negative attitudes that you may get from some agents etc,you know your child and you know your childs potential,stay possitive stay focused and get the right advice from the right people when you need it.

There is no need to embelish what you give them but sometimes ommisions of negatives can do no harm.

If you need anything further please pm me. most importantly keep smiling

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Hi all

 

I am in same problem re migrating to OZ. My little boy is 6 years old and is moderate to severly autistic with intellectual disability. I am a nurse and offered a job in Brisbane. My partner is Computer hardware engineer. We are scared of our son's medical. I want to apply for E457 visa and permanent residency. Has anybody got E457 for autistic children?

 

Please help me. I cant sleep properly

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Hi all

 

I am in same problem re migrating to OZ. My little boy is 6 years old and is moderate to severly autistic with intellectual disability. I am a nurse and offered a job in Brisbane. My partner is Computer hardware engineer. We are scared of our son's medical. I want to apply for E457 visa and permanent residency. Has anybody got E457 for autistic children?

 

Please help me. I cant sleep properly

 

You really do need an agent with expertise in this area to give you an opinion but from your description I would say that you are likely to be knocked back for permanency. Whether you get a temporary visa is another thing - you may well get one. However when you come to apply for permanency they will have different medical parameters and he may well not pass. Just because you are here and he is settled is absolutely of no interest to them at all, if he is going to be a significant cost to the Aus tax payer then they will draw the line. However as Gill will tell you there are always revisions and changes to the law - I dont know if they will change those guidelines though because it could be a very expensive pandoras box they are opening.

 

Good luck and get good advice.

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Hi chrisbj

 

I have a son with autism and have sought advice and assessment from George Lombard as mentioned earlier. My son is 13 and has moderate learning difficulties as well. I am also a nurse looking to move to Queensland but have not looked into jobs yet until I have some idea as to whether he may be refused a visa.

 

Hope this helps. Good luck.

 

Chrissie

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Hi Quoll and Chrissie,

 

Thank you so much for your support. After reading Chrissie's mail, I feel I am not alone in this fight. Could you please tell me what all test need to be done for my son or what documents they are looking for re assessments of autism. Does George Lombard charge too much? Are they affordable?

 

Good luck Chrissie.

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Hi

 

Just thought I would point out that the OP's question was posted in 2005, so they may well not reply!

 

I also have a son who has mild learning difficulties, but has never been given a statement here in the UK for extra help at school, he is not diagnosed as Aspergers or Autistic but has a unique rearrangement of Chromosone 8, so we have no idea if medicals will go OK, will just have to keep fingers crossed!! At present he is not costing the state anything, apart from a yearly hospital check-up, but am hoping once in Oz to get him assessed for extra help at school.

 

Jane

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Hi, last year i emailed the Australia/ New Zealand mag for advise on my situation. Im a nurse and we have a 9yr old with mild Austism. We did get a reply from a migration expert and it was featured a couple of months ago within the mag. Unfortunantly my dad curriently has the magazine and he is away on holiday but when he gets back i will post the reply and it may help. Our son is doing well in mainstream school but does require support but this is getting less and less.

watch this space!!!

Lisa & Gareth :smile:

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Hi all

 

I am in same problem re migrating to OZ. My little boy is 6 years old and is moderate to severly autistic with intellectual disability. I am a nurse and offered a job in Brisbane. My partner is Computer hardware engineer. We are scared of our son's medical. I want to apply for E457 visa and permanent residency. Has anybody got E457 for autistic children?

 

Please help me. I cant sleep properly

 

Hello Chrisbj

 

Welcome to Poms in Oz.

 

Your situation is potentially very complex legally and you should seek specialist legal advice about it in my view.

 

The background is the case of Dr Moeller in 2008:

 

Statement by Senator Evans on Dr Bernhard Moeller

 

It was common ground between the parties that Dr Moeller's son Lukas does not meet the criteria set out in PIC4005, which Taffordbark has described earlier in this thread. Accordingly when the family tried to upgrade from the temporary sc 457 visa to an employer sponsored PR visa, the PR visa was refused.

 

Dr Moeller and his employer appealed to the Migration Review Tribunal though that was simply a necessary procedural step. The MRT has to refuse the appeal before an appeal direct to the Minister becomes possible. No additional medical evidence was offered to the MRT:

 

0807398 [2008] MRTA 1051 (25 November 2008)

 

The media had whipped up a massive storm about the case and the Minister knew that a request for Ministerial Intervention was heading in his direction.

 

Doctor to fight visa refusal over Down Syndrome son - Topic Powered by Eve For Enterprise

 

Down family breaks visa barrier on immigration - Topic Powered by Eve For Enterprise

 

German doctor wins visa - Topic Powered by Eve For Enterprise

 

As you will see from the first link in the Go Matilda series, it emerged that since 2006 the States & Territories have all potentially had powers that would have enabled the State Government to step in at the time of the application for the onshore employer sponsored visa but none of the States had signed up to the waiver which was available. The Minister was not at all pleased that he had had to intervene personally on behalf of the Robinson and Moeller families, so the Minister told the States that he expected better from them:

 

States urged to support regulations for health waiver

 

At the same time the Minister decided that the basis on which the health criteria for migration are determined is in need of serious scrutiny so he announced his intention of getting the whole thing investigated:

 

Parliamentary Committee to investigate migration and disability

 

On 25th March 2009, Victoria and the Australian Capital Territory confirmed that they have signed up to the new waiver provisions. A couple of weeks ago West Australia announced that they have now signed up to the new scheme as well. Apart from these three, none of the other States/Territories have agreed to the scheme as yet.

 

About a week ago the Minister announced the Terms of Reference for the new committee which is investigating the workings of the health criteria generally:

 

Terms of reference for migration and disability inquiry announced

 

The Minister has definitely taken a personal interest in this topic. He is also very energetic, not afraid to introduce radical change and he is very effective about ensuring that what he wants is done.

 

I know that Taffordbark in particular - whose visas were granted today - will agree with the Minister that PIC 4005 does make the assumption that there will be significant cost to Australia but it fails to acknowledge that there might also be benefit to Australia. PIC 4005 ignores the latter possibility completely.

 

The significant thing in your case is that you say your child is quite severely affected by his condition. Because you are a nurse it would be very easy for you to obtain sponsorship for a 457 visa from a hospital in any of Victoria, the Australian Capital Territory or West Australia so as to be able to invoke the new State waiver arrangements if need be.

 

I do not know the exact terms of this waiver arrangement and 99% of Registered Migration Agents would not be competent to advise you about the exact terms either. You really should consider consulting either George Lombard in Sydney or a solicitor who is an Accredited Specialist in Australian Immigration Law in my view.

 

Peter Bollard is an Accredited Specialist and he has a particular interest in the workings of the health criteria:

 

Visa Info | George Lombard Consultancy Pty. Ltd.

 

Peter Bollard & Associates

 

Alternatively Nigel Dobbie would also do a first rate job of advising you about how the State waiver arrangements might be used to your advantage:

 

Dobbie and Devine Immigration Lawyers Pty Ltd

 

I was doubtful about whether my elderly, disabled Mum would meet the medical criteria for Permanent Residency 3 years ago. I dealt with the visa application jointly with my sister but I had Nigel Dobbie on standby in case the visa was refused on medical grounds and we had to appeal because I had done stacks of research and it seemed to me that there was no reason to refuse Mum on medical grounds. She is disabled because she broke her back in an accident some years ago. However she is not ill. In the end it was OK and Mum sailed through the meds but it does create the most appalling anxiety as I know only too well and so do many, many other people.

 

Any of the 3 above would be able to explain to you exactly how the health waiver thing works and whether you should consider obtaining employment in a hospital in one of the participating States. George Lombard, in particular, could also be relied on to contact the relevant Bigwigs in QLD and find out whether or not QLD plans to join in with the waiver any time soon. Out of the 3, my hunch is that George probably has the best State level contacts because Nigel Dobbie is a heavy weight litigator primarily and Peter Bollard also does a lot of litigation whereas George tends to do far more non-contentious work than the other two so he has regular dealings with all the State migration departments.

 

For the reasons above, I would start by consulting George. If he feels it is necessary to refer you to an Accredited Specialist then he will do so. George can be trusted to send for re-inforcements if he feels they are needed whereas a run-of-the-mill agent might try to muddle through it by him/herself without understanding it properly (if at all) and might therefore get into a hopeless mess with it.

 

Best wishes

 

Gill

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hi 2 you all and good luck with your assessments - we are in a long queue i think awaiting a case officer for our visa due to the fact that we in a waiting game as all plumber are no longer being fast tracked - so we are a long way off our medicals - but would be really interested to hear any information from anybody in this difficult process with a child with autism. I am so worried that we will have paid up so much money only to get regected at the last hurdle - so anyone with any news - let us know- julie

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Hi Gill, Thanks for this detail information.

 

I understand now that I have to face hurdles to get permanent residency. But what I am scared is whether I will be knocked off from getting the E457 visa. Has anybody with severly autistic children got E457 visa without major problem?

 

I have job offer from Brisbane and my sponsorship letter is approved and got TRN number. The employer wants me to join in August. Should I go ahead with this job offer and get George Lombard for visa application process or shall I apply for another job in one of those participating states in health waiver programme?

 

looking for reply from all of you

 

Thanks to all of you in this great support

 

Chris

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hi geekygeebo,

It seems we are in the same situation, my son has 50% support at school.The lovely people in this forum have sound advice so you have come to the right place .We are starting the visa process very soon and would love to keep in contact with you so we can both have a crutch to lean on as if you are like me it all seems a bit dainting at first, but by all accounts it seems that we should give it a go

regards leighanna

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Hi Gill, Thanks for this detail information.

 

I understand now that I have to face hurdles to get permanent residency. But what I am scared is whether I will be knocked off from getting the E457 visa. Has anybody with severly autistic children got E457 visa without major problem?

 

I have job offer from Brisbane and my sponsorship letter is approved and got TRN number. The employer wants me to join in August. Should I go ahead with this job offer and get George Lombard for visa application process or shall I apply for another job in one of those participating states in health waiver programme?

 

looking for reply from all of you

 

Thanks to all of you in this great support

 

Chris

It may be easier if you apply for your 457 in SA or Vic and then apply for the rsms 857 when you get there.I invite people to correct me if I am wrong but as I remember this was the path that Bernhard Moeller chose.

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Sorry forgot to mention 857 is the onshore version of the rsms 119 and SA and vic signed up to the health waver at the end of march

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Hi GeekyGibbo,

We have an adopted daughter with Autism her application has just been lodged.I am Australian and my OH has PR.Her medical went well and our caseworker can see no real problem with the application.The way I understand it is,only severely disabled children could/would be refused.As you say you child is in mainstream school with added tuition.

 

Rowena.

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Hi Chrisbj

 

George Lombard has assigned a Speech Therapist to do our assessment (Not sure why?) and she has requested information about our son's statement, speech therapy needs, and his level of dependence so I have sent his last Annual Review information and other reports. I'm just waiting for George Lombard to get in touch now. The charge for this was $220 AUD which is about £105 I believe. I don't know at this stage whether there will be any more charges.

 

Hope everything goes OK with you.

 

Chrissie

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The problem with applications like this simply from a lay-persons point of view,is that we all tend to put our trust in so-called experts.

Unfortunately there are a lot of shysters,charlatans and opportunists who are only too willing to give you an uninformed opinion based on nothing but their desire to play on your naievety in order to relieve you of as much of your hard earned as poss for nothing more than an uneducated and ill informed viewpoint

Truth is you end up doing all of the donkeywork yourself anyway and end up feeling cheated by them when it all comes out in the wash.

Fortunately this forum has a lot of genuine,well informed people. It also has people who have suceeded regardles of expert opinion,,,I should know more than most,I am one of them.

I have also vowed to pass on as much as I can from what I have learned in overcoming objections from DIAC and the Medical Office of the Commonwealth,regarding my 'eventual' success in securing our visa .

I urge anyone who has a child that has a diagnosis of Autistic Spectrum Dissorder,a statement of special educational needs or any other difficulties to please contact me,I do not charge as I am not an opportunist preying peoples naievety, but a parent who has been there, done it and got the t-shirt to boot.

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hi geekygeebo,

It seems we are in the same situation, my son has 50% support at school.The lovely people in this forum have sound advice so you have come to the right place .We are starting the visa process very soon and would love to keep in contact with you so we can both have a crutch to lean on as if you are like me it all seems a bit dainting at first, but by all accounts it seems that we should give it a go

regards leighanna

 

 

Hi leighanna,

 

I will let you know if I make any progress in my case.

 

regards,

 

chris

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Sorry forgot to mention 857 is the onshore version of the rsms 119 and SA and vic signed up to the health waver at the end of march

Hi

 

thank you so much.

 

How long we need to be in OZ to apply for permanent residency if we are on a E457 visa? Do we need to undergo any extra medicals for that? I am getting a psychological assessment for my son done this week. Anything else they ask? He is six and he has no speech.

 

regards

 

Chris.

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Hi leighanna,

 

I will let you know if I make any progress in my case.

 

regards,

 

chris

Best of luck mate

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Our son Lewis hardly spoke a word until he was around six years old,we used to call him the quiet little man,after intense speech and language therapy he came on leaps and bounds, now he never shuts his face so don't despair,,,,sometimes its a case of not that they cant speak,they choose not to,we often wish nowadays in a funny way that we could wind the clock back for a bit of piece x

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