Jump to content

You're currently viewing the forum as a Guest
register-now-button_orig.png
and join in with discussions   
ask migration questions
message other members

..and much much more!

Sign in to follow this  
Guest RT

Pre Existing Medical Conditions

Recommended Posts

Guest RT

Hi

 

I have been offered a job in Sydney, our application (me, my husband and 2yr old daughter) has just been lodged via th employer.

 

Am worried about medicals as my husband had cancer 3 years ago. He has been in remission for 2 years and now has annual blood checks.

 

what are our chances of being granted a visa?

 

HELP!

 

RT

Share this post


Link to post
Share on other sites
Guest Gollywobbler
Hi

 

I have been offered a job in Sydney, our application (me, my husband and 2yr old daughter) has just been lodged via th employer.

 

Am worried about medicals as my husband had cancer 3 years ago. He has been in remission for 2 years and now has annual blood checks.

 

what are our chances of being granted a visa?

 

HELP!

 

RT

 

 

Hi RT

 

The meds situation will not be easy, but it is not necessarily hopeless either. It depends on what sort of cancer it was/is, what the usual prognosis is with it, what the particular prognosis over the next 10 years or so is likely to be for Hubby, etc.

 

There are 2 basic ideas with the non-infectious medical stuff, as follows:

 

1. Has the person got a condition which is going to need expensive surgery and/or expensive drugs either now or within the “foreseeable future” (not defined anywhere, but reckoned to be about 5-10 years.)

2. Has the person got a condition which is likely to render them unfit for work and therefore potentially able to claim State Benefits of any sort within the foreseeable future (as above?)

 

If either of 1 or 2, or the aggregate of 1+2, would be likely to cost more than about $20,000 AU within the person’s first 3-5 years in Australia, then the whole thing will come down How Much and How Likely? It all comes down to money, basically.

 

Only a handful of people really specialise in the medico-legal aspects of Australian Immigration Law. The ones who do are well-known and I can give you the names & contact-details of about 6 of them if you wish. (Myself, I am merely a clued up observer because there is a medical issue with a member of my own family, and I happen to be a lawyer myself, though I am not Australian-qualified and I do not practice Immigration Law anywhere either.)

 

If the medico-legal situation turns out to be futile because of the facts surrounding the particular condition, then nobody could really have an impact on it. However, if it is borderline then the skill with which the situation is presented (and which particular visa is chosen) can mean the difference between visa grant or visa refusal.

 

Without more info, it is impossible to offer more concrete help. PM me if you wish, though, and I’ll gladly help in any way that I can. So will many others, I am sure.

 

As a first step, I would recommend locating the Panel Doctors in your area and picking their brains. The PDs do NOT decide whether or not an applicant passes the meds. The Medical Officer of the Commonwealth is the only doctor empowered by the legislation to decide this. The MOC is a group of Government doctors out in Australia. However, the Panel Doctors tend to be pretty clued up about which of the applicants whom they see are likely to be OK on the meds and which ones are not. Plus they understand the medical problem far better than a lawyer ever could.

 

Please see this link:

 

http://www.australia.org.uk/vti/html/medical.html

 

From here, you can download the Meds stuff that you need for the moment. Form 1071i, Forms 26 & 160, and the list of Panel Doctors, I suggest.

 

Sing out if you would like further help.

 

Good luck. I do know how intensely worrying a “Meds Situation” can be, because I am involved with one in my own family and as yet, I am not convinced that we are out of the woods with it. Uncertainty about the meds causes a situation called Hell. I have become very closely acquainted with Hell during 2006, along with many, many dozens of others.

 

We are all in this together and we will all help each other wherever we can. This you can definitely rely on. You are absolutely NOT alone and you have done exactly the right thing by asking for help.

 

Best wishes

Gill

Share this post


Link to post
Share on other sites
Guest RT

Gill

 

Thank you for you reply. This was very interesting to read and has given me alot of information.

 

My hubby was diagnosed with Non-Hodgekinsons Lymphoma in 2003 (High grade, level 2 with central nervous system action). He had intense Chemo (3 stints where he was in complete solation for over the year) followed by 35 weeks of radiotherapy. - Many infections along the way while the immune system was down.

 

He had it under his arm and down his spine, so had 9 lumber punctures too.

 

This is one of the reasons why we have decided to pursue Oz as a place to stay, especially due to the climate.

 

His last treatment was 2 years ago and all regular checks have been fine since then. He is now back at work and doing fine.

 

We have spoken to his consultant who said there should not be a real problem with his application medically as he is doing really well and on no treatment or planned treatment.

 

I am 29 and hubby is 30. Both young but eager to progress our careers and better our lifestyle.

 

Hope this is useful information to you for further advice.

 

RT

Share this post


Link to post
Share on other sites
Guest sparky

Hi RT

 

Just wanted to wish you good luck with you're application,

 

Lisa, :)

Share this post


Link to post
Share on other sites
Guest scoop

Good luck with your plans hun.

 

Hope all goes well

 

SCoop

x

Share this post


Link to post
Share on other sites
Guest Gollywobbler

Hello again RT

 

Thanks for your reply. I’ve vaguely heard of Non Hodgins Lymphoma but do not know anything like enough about it to be able to comment on how the MOC would be likely to view the problem.

 

http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=boolean&query=Cancer+%2B+4005&meta=%2Fau&mask_path=au%2Fcases%2Fcth%2FMRTA

 

The above link provides details of some of the cases where cancer of various sorts has been an issue, and I think that reading them would help you to understand where the MOC would be coming from in considering your husband.

 

There have certainly been cases where the applicant has had one sort of cancer or another, which was treated aggressively when it was first diagnosed, following which no further medical treatment was planned. The applicant’s doctors have insisted that there was no reason to suppose that the cancer would return within the foreseeable future, and the MOC has accepted that view. But so much of it depends on technical, medical detail that only doctors would understand that it is difficult for anyone else to draw any firm conclusions one way or the other.

 

Which type of visa you should apply for is an essential part of the strategy for you, in my view. There are about a dozen different visa sub-classes within the skilled stream, and they carry differing rights of review in the event of refusal. Some can be appealed to the MRT, wherein it is possible to get the Review Medical Officer of the Commonwealth to provide a second opinion (which has differed from the MOC’s opinion more often than I would have expected.) In other sub-classes, the only appeal is to the Court. The Court cannot permit the parties to take a second bite at the medical evidence cherry in the same way that the MRT can.

 

However, I think the first thing at this stage is for you to think about the stuff which you will learn by reading some of the cases, and maybe having a further chat with your doctors? Your case certainly doesn’t sound hopeless to me, but I can’t speak for the MOC, and I have no medical knowledge anyway.

 

If you want the names & addresses of some of the solicitors who specialise in this field (all of them in Australia but that doesn’t make any difference nowadays) let me know.

 

Best wishes

 

Gill

Share this post


Link to post
Share on other sites
Guest RT

Thanks for that

 

I have started reading some of the cases and I see where you are coming from. Does'nt look too promising. Anyway we are going to stay positive about things and hope for the best.

 

We have applied to travel under the 457 visa, but not sure about the sub classes you were referring to.

 

RT

Share this post


Link to post
Share on other sites
Guest Gollywobbler
Thanks for that

 

I have started reading some of the cases and I see where you are coming from. Does'nt look too promising. Anyway we are going to stay positive about things and hope for the best.

 

We have applied to travel under the 457 visa, but not sure about the sub classes you were referring to.

 

RT

Share this post


Link to post
Share on other sites
Guest Gollywobbler
Thanks for that

 

I have started reading some of the cases and I see where you are coming from. Does'nt look too promising. Anyway we are going to stay positive about things and hope for the best.

 

We have applied to travel under the 457 visa, but not sure about the sub classes you were referring to.

 

RT

 

Really sorry RT. Clicked the wrong button.

 

I now believe that you should talk to George Lombard before you go any further with this, and tell him that Gill Palmer sent you to him. George is an ultra-experienced Migration Agent, and as I understand it, there can be a lot of down-side with the 457 visa. Plus there is the meds issue on top, possibly, and George can help you with that too. He is Good Guy, is George, and he wouldn't charge for providing a bit of initial guidance in a situation like yours.

 

http://www.austimmigration.co

 

Cheers

 

Gill

Share this post


Link to post
Share on other sites
Guest RT

Gill

 

I could not get onto the link you sent to me. However, my potential employer's immigration agent is sorting out our visa application which has just been lodged.

 

RT

Share this post


Link to post
Share on other sites
Guest Gollywobbler
Gill

 

I could not get onto the link you sent to me. However, my potential employer's immigration agent is sorting out our visa application which has just been lodged.

 

RT

 

Hi RT

 

George Lombard might be reluctant to interfere since another agent is already involved, but it wouldn't hurt to ask him all the same, I suspect.

(You need not mention your employer's agent at this stage, after all.)

 

http://www.austimmigration.com.au/

 

I think I missed a bit from George's URL, which is why the link didn't work. However, George's website is lacklustre anyway in my view. But when you read the stuff that he posts on the Aust Immi forum on British Expats, you can see that he is a really nice guy who goes out of his way to help people fr free, and he plainly knows a vast amount about all sorts of visas as well.

 

http://www.britishexpats.com

 

Also, if you look at the Read Me posts at the top of the Immi forum on BE, there is a helpful post by George which might enable you to track the timeline for your application without needing to bother your agent (not sure, though). Additionally JAJ (also a registered migration agent and rumoured to be an employee of George's) has written a long article about the 457 visa which you might find helpful. Plus if you search the old threads in that forum, you'll find a year's worth of reading to do about this particular visa.

 

Since I'm not involved with a skilled stream application myself, I know nothing meaningful about any of the visas in the skilled stream. However from what I've read, 457 applicants seem to insist on the employer promising to nominate/sponsor them for Permanent Residence visas virtually as soon as they start work in Oz. I've also seen posts where JAJ and George have told applicants, "Why don't you simply apply for a 136 visa instead?"

 

I don't know the ins and outs of it all, but I reckon that you should read the stuff on British Expats, because the input from the Agents on that tends to be very accurate, I've found. It seems that the 457 visa is very disadvantageous for tax-purposes, and also a lot of employers tend to sidle out of paying for the employee's medical insurance as part of the deal on the salary & benefits of the employment. I've read that 60% of employers won't pay for the medical insurance.

 

I'm just a little bit sceptical about who your agent is really acting for on your application? He or she has been hired by the employer for the purpose of helping the employer to put a foreign bum on a seat. Has this agent discussed with you what your other visa-options might be, and what is reallly in your own best interests here, irrespective of what might suit your prospective employer the best? If not, why not, I ask?

 

Read BE and see what you think, I suggest.

 

Good luck and I hope everything will work out well for you. Let us know of your progress, won't you?

 

Cheers

 

Gill

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
Sign in to follow this  

×