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PR with aspergers


Kerrygal

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Just started to apply for PR and we are in a bit of a muddle... Our son has just finished year 12 and has Aspergers. For residency we need to prove that he is totally dependant on us and is not able to obtain full time work.So he can do one of two things, do a full time college course or get him assessed making sure the assessment states this. But then we have been told by our migration agent that when the application gets sent t0 the department with this assessment as proof it will be down to the imigration department to conclude whether having Aspergers is a health issue for the department of health or not.

 

Has any one experienced this situation as any advice would be very welcomed!

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I don't know what year 12 means but I assume this means he is 18 or over?

 

I do not have experience of this situation, but I will share my advice anyway.

 

I think that getting an assessment to say that he cannot work could be very damaging to getting PR. It is suggesting that he could be a burden to the Australian tax payer and this could make passing a medical very difficult. You need your son to pass the medical, it would make a lot more sense to get him into full time education and look to gather evidence that will demonstrate he does not have serious medical related issues and is not likely to be a burden ... not the other way around.

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Totally agree with rupert. I'm shocked actually that your agent isn't saying the same.

You want to play it down as much as you can, show he is studying, to get a good job once in Australia.

And remember to keep him in full time education until your visa is granted.

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You might want to use an agent who specializes in medical conditions, some of the others have no idea. Peter Bollard and George Lombard are usually recommended in this regard (no affiliation etc etc). Aspergers is difficult because there is potentially a cost to the Aus taxpayer if they arent able to live independently and are reliant on you, however many people with Aspergers hold down good jobs once they have picked their niche in life. Of course, having a student dependent on you is quite acceptable, many people have done that, you will just have to prove that he will be able to live and work independently once he has finished his course (for the medical point of view) but is on a course (for the dependency point of view). Be prepared to be knocked back if he still requires a lot of support in his educational placement though.

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Once 18 if not in full-time education you need to show that they are financially dependent on you for their basic needs, i.e food, shelter and clothing, this is not to show that they can not work, therefore dependent on you. But if they are working full-time it can be difficult to show that they are financially dependent on you, but if have part time job, and still live at home and you still pay for things, showing you put money in bank account or paying phone bills, can show that they are still dependent on you.

 

Any child with disabilitys to be able to pass the medical to be able to show that they would be able to live independently in the future is what you need.

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My situation is very different as my daughter is only 4 next month and diagnosed autistic but we are aiming for permanent visa maybe next year. Have been in touch with George Lombard who can assess the situation but there is a cost (we were told $330 today by him). To me it is money well spent as he can assess your child and give you an idea whether what you want to achieve visa wise will be possible. As she starts school this Sept we decided to wait another year so we can see how she gets on at school support wise but also it gives her speech a chance to improve. We will then decide if we go ahead with visa application but if we do then George is the first person we will pay for that assessment before we go any further. I have also been gathering info from Autism association WA and other places and there is so much to consider including the points already made above. One thing we were asked (and you may get asked the same) is who would look after them should something happen to both parents. It is an awful thing to think about but it is a needed question. If a child (of any age) needs care of any kind, who will they have in Australia to take them in, support and pay for them as needed etc. We are lucky that I have family settled already in Perth who would fulfill this role should anything happen to me and husband. I highly recommend emailing George Lambard and pay the $330 or whatever he quotes for your situation http://www.austimmigration.com.au

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