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Permanent Residency visa and pre-existing medical condition


karenandchris

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Hi all,

 

My partner and I are now applying for a sub-class 190 visa following our Vic nomination.

 

I have a pre-existing medical condition and I have done some research on this, and have gone to see a Consultant who has costed the care for my condition over the next 5 years (£5k over 5 years), which is less than the $35k 5 year limit DIBP put on conditions.

 

Does anyone know of any further limitations on medical conditions? I have kidney disease, so may need a transplant at some point, but my condition is currently stable and the consultant I went to see confirmed that it would be a long time before I needed a transplant (if at all).

 

Is there anything further I can provide to strengthen my case?

 

Chris

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Hi all,

 

My partner and I are now applying for a sub-class 190 visa following our Vic nomination.

 

I have a pre-existing medical condition and I have done some research on this, and have gone to see a Consultant who has costed the care for my condition over the next 5 years (£5k over 5 years), which is less than the $35k 5 year limit DIBP put on conditions.

 

Does anyone know of any further limitations on medical conditions? I have kidney disease, so may need a transplant at some point, but my condition is currently stable and the consultant I went to see confirmed that it would be a long time before I needed a transplant (if at all).

 

Is there anything further I can provide to strengthen my case?

 

Chris

I wouldn't apply without the help of an Agent who specialises in medical conditions personally . George Lombard is the name that seems to be recommended .

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Its good to have a letter off your specialist to submit with your medical, although dont be surprised if you get asked to go for 'further investigation'. That basically means you pay for a specialist of their choice to do just what your specialist did,lol,, type up a letter.

Thankfully for us it was worth it in the end and we got the visa grant.

Lots of luck and i agree with the others in getting an agent to help.

 

Cal x

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Guest Chewitts

Just bear in mind that when they are assessing costs they will be looking at the worst possible scenario, ie you might need a transplant in much less time.....

 

someone explained to us once if you have a credit card that has a limit of $20,000 but your balance is $1,000 potentially tomorrow you could ​owe $20,000

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Its good to have a letter off your specialist to submit with your medical, although dont be surprised if you get asked to go for 'further investigation'. That basically means you pay for a specialist of their choice to do just what your specialist did,lol,, type up a letter.

Thankfully for us it was worth it in the end and we got the visa grant.

Lots of luck and i agree with the others in getting an agent to help.

 

Cal x

 

I wondered what happens after medicals get referred and they ask for further investigation..... if this happens do you get told to contact a specific specialist and they would let you know how much that would cost?? Just out of interest also - I presume advice of a specialist agent for medical conditions would usually only be necessary if medicals were refused after doing everything they had asked?

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Thanks for all your input!

 

I've looked at the Parliamentary reports for the visa significant cost threshold, and a committee in 2012 (Disability Australia) changed the rules - there is also a lot of good information there. From what I can tell, the panel doctors only collect evidence, they don't actually make the decision, the Commonwealth Medical Officer does. There is a $35k limit over 5 years for care - they add up your costs and then add 20% for good measure and see if your under. Costs are only reasonable, not worst case.

 

All info here - https://www.immi.gov.au/media/publications/pdf/2012/joint-standing-comm-enabling-australia.pdf

 

I went to see a specialist privately and he assessed me at costing £5k over 5 years, which works out at $11-12k over 5 years with the 20% boost, so I think I am fine with that. The only thing I worry about is that I may "prejudice access to Australians trying to get kidney's" should I require a transplant.

 

Has anyone else applied, with a kidney impairment? My function is now stable, but there is always a risk I might need one.

 

Waiver's are not available/applicable for the 190 visa so it is completely up to the Commonwealth Medical Officer.

 

I deal with immigration issues as part of my job, and most of the info is in the public domain so not too keen on an agent unless I see value added.

 

Chris

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I wondered what happens after medicals get referred and they ask for further investigation..... if this happens do you get told to contact a specific specialist and they would let you know how much that would cost?? Just out of interest also - I presume advice of a specialist agent for medical conditions would usually only be necessary if medicals were refused after doing everything they had asked?

 

 

I was asked to go and see a panel specialist BEFORE any decisions were made, so its not always a case of seeing one when your medical has failed, they just want enough info on your condition before they come to a conclusion.

The specialist was at our own cost and was (from memory) around 150GBP, they had a few on the list you could choose from, so we just went to the nearest one which happened to be a private clinic about 30 mins from where we lived.

As for a migration agent, we used one from the start and although some do specialise in people with medical conditions we were told at the end of the day only Immigration can say yes or no to a visa grant.

 

Cal x

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We found that most immigration agents wouldn't risk their statistics on someone if they had possible medical complications. Everyone recommended George Lombard since he can then take on any appeal if necessary.

At the end of the day though no one can guarantee a visa grant, it will be the CMO who decides.

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I was asked to go and see a panel specialist BEFORE any decisions were made, so its not always a case of seeing one when your medical has failed, they just want enough info on your condition before they come to a conclusion.

The specialist was at our own cost and was (from memory) around 150GBP, they had a few on the list you could choose from, so we just went to the nearest one which happened to be a private clinic about 30 mins from where we lived.

As for a migration agent, we used one from the start and although some do specialise in people with medical conditions we were told at the end of the day only Immigration can say yes or no to a visa grant.

 

Cal x

 

Thank you this information is useful - I prefer to know what to expect with the medical process and although we are taking a risk with paying for the visa with a posibility of getting knocked back as only they can decide on the outcome.

 

Shame you can't do the medical first before paying for the visa....

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Thank you this information is useful - I prefer to know what to expect with the medical process and although we are taking a risk with paying for the visa with a posibility of getting knocked back as only they can decide on the outcome.

 

Shame you can't do the medical first before paying for the visa....

 

Our agent did mention doing the medicals first but we didnt take them up on it so no idea of the ins and out's, but if its something you would prefer to do it may be possible.

 

Cal x

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Just bear in mind that when they are assessing costs they will be looking at the worst possible scenario, ie you might need a transplant in much less time.....

This is not quite right. They will look at statistically average scenarios. If there is a reason why you would be less likely to get ill than average (e.g. responding well to treatment; young; fit; etc.) then you can get a specialist's letter to explain how your expected costs are lower than the accepted average. But if you have a 10% chance over the next five years of requiring a procedure costing $100,000, they will cost you at $10,000 - not the worst case scenario of $100,000, and not the most likely scenario of $0.

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A less publicized fact is that if you have chronic (i.e., lifetime) conditions they can also look at the expected cost of your treatment over your lifetime. This is specifically for cases like yours - where there may not be major expenses in the next five years, but expenses could spike and be HUGE after that. Not all information on costing of medicals is easily found online. This is why you can't just go to your own private specialist and have them estimate it. There may be facts you're not aware of in the way Immi panel doctors estimate costs. That's why the advice of someone like George Lombard is so valuable.

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Yes, that is what we were told too. As CollegeGirl says they look at the possible cost for your entire working life, so up to age 65. Definitely go though an experienced agent specialising in medical conditions. It's a huge loss of money if you don't get the visa.

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Freedom of information ( i assume?!)

 

Yes.

 

If the minister holds medical evidence indicating that a visa application is doomed, it is outrageous that s/he will not release it unless a doomed applicatiop is lodged, after which s/he would cry all the way to the bank. Australian immigration is noted for its outrages.

 

From what has been posted, it looks as if the OP is on slippery ground. The best strategy might be to obtain a specliasts' medical reports (in the required format) to address the isues of the likely cost and the use of scarce resources if the condition follows its usual course.

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This is very interesting. Do you know if there are any cases where this course of action has been successful?

 

Sorry to hijack the thread but our situation is that my son has been recently diagnosed with mild asd. He is in mainstream education and is academically in line with his peers. He requires understanding of his condition but very little else. However because the medical officers are likely to take a blanket view of his diagnosis we are very unlikely to be successful in a skilled independent application (even though we were granted one in the past) we are now going for a 457- not ideal with 3 young children.

 

We have been strongly advised to not attempt a 189 application by a specialist lawyer in the field, but if there was a way of testing the water without a huge payout that would be amazing!

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  • 3 months later...

Thanks for all your input. I am pleased to say that our PR was granted!

 

The Medical Officer of the Commonwealth who assesses your health uses 'Notes for Guidance for Medical Officers of the Commonwealth. These are available from Victoria State Library (you pay them a nominal fee, and they scan and email it over to you; and this includes the POM3 as well).

 

Alternatively, you can subscribe to LegendCom (the database with all the guidance notes for all medical conditions on it) and take the relevant notes to your specialist so they can build a case. There are Guidance Notes for nearly every condition, and it sets out expected progression and associated costs which are used to judge case.

 

https://www.immi.gov.au/services/Pages/legendcom.aspx

 

Tbh, in my particular case I didn't find George Lombard or other mentioned agents particularly useful. I appreciate they are not medically qualified, but I got told outright no by George. Might just be my experience.

 

tl;dr - take the relevant Guidance Notes from the Victoria State Library/LegendCom to your specialist and all the information the MOC uses is set out.

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