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Spouse Visa and Crohn's disease


leedarama

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hi all,

My British Husband and I are emigrating back to Australia later this year. I have an Aussie passport and so do our two young children.  He is going to travel on a visitor visa and then 'change his mind' once there and apply for the Spouse visa. 

My question is about my husbands medical - he has Crohn's disease and has been on an expensive medication called Infliximab for the past ten years and he has been advised to continue this medication to keep the ongoing quality of his life. Crohn's disease is not an infectious disease but the medication is costly. Currently his meds cost about £1-2k every 2 months (because he has to have it infused intravenously at the hospital).  

What do you think our chances of him not having to go through the health waiver due to the ongoing cost of his medication? 

Other information about us:
We have been married for 9 years and have two small children. He is a chartered accountant and his UK firm will be transferring him to the Australian firm once he is on his bridging visa so he will have employment 3 months after he arrives. We have also arranged for admission for kindergarten for our daughter in February 2018. So in short, we have started building our roots in Australia already, having secured employment and schooling for our children and are also moving to look after my elderly father.

I am hoping that they will look at the rest of our family history and life together to grant us his visa and not have to go through the rigmarole of having to go through the health waiver and the tribunal.... 

thanks

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Jobs, roots to Australia and everything else is totally irrelevant to the process.  

There is a significant chance he will fail the medical and that will result in a visa refusal. Potentially even a ban on a visitor visa. This won't be just about the health waiver, there is a real risk of refusal  

You need urgent advice from a specialt. One of the agents that specialises in this is George Lombard. 

But, with health costs this high, you need to prepare for a refusal. 

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Got to agree with Verystormy. 

Family, kiddie going to Kindergarten, job offer, none of that is relevant if he fails the medical. Get advice from an agent asap - George Lombard or Peter Bollard for preference, and get their advice on how to approach things.

Risky going as a tourist and applying onshore - its about intent, and going with a Kindergarten place and a job already sorted indicates that the intent all along was to stay.  I doubt DIBP will believe he 'chaged his mind' with all that already in place. Sounds risky to me, but getting the medical advice first is the most important thing. 

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Far better to apply offshore - he runs a real risk of being turned around at the airport because he has no intention of being a bone fide tourist. Talk to one of the two recommended agents about the health condition- you need to be squeaky clean with this and get visa before you uproot!

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I was going to go on a working holiday visa until i spoke to someone from aussie embassy ( in the uk) and they have right to refuse you entry if you arent there for your intentions of what the visa is. Be careful and good luck! In regards to the Crohns, just be honest in declaring everything.

????

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I think you can count on him failing the medical due to the cost.  The current threshold, I think, is $40K over 5 years and he'd definitely be over that cost.  I agree with the above - speak with either George Lombard or Peter Bollard as they specialise in applications that have a health issue.

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