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Martynd

Visa Medical Refusal

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Posted (edited)

HI all,

 

Can anyone put my mind to rest! We have taken our medicals and my youngest daughter has a couple of issues. 1, She has a viral induced wheeze. 2, Has a slight lazy eye and requires patching. 

she is on a brown inhaler (preventative) and blue as and when required. we take her for check ups 6-8 months for her chest and every 8 weeks to check her eyes.

These conditions and common childhood issues and both pediatrician and orthopedics have said that it is very likely she will grow out of these conditions.

we have submitted our reports from her orthopedic and pediatrics and our agent said that Bupa may asses it or it will go on until the visa is selected for processing.

 

Has anyone had similar situations?, as i feel that we have invested so much into this whole preccesss and it could be refused on these little issues. 

Why are the medicals the last stage and why cant you undertake them before the costs start mounting!! so frustrating!!!! 

 

Thanks in advance.

Edited by Martynd

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Hiya Mate

Can you agent look on your immiaccount?

It can show within a day if you have passed your medical or not.

I believe they judge your medical conditions on what you are likely to cost the state over a certain amount of time.

I am sure that I have seen others with asthma and not had a problem and I wouldn't have thought that a lazy eye would come into it.

When we did our medicals my girls where passed of next day.

 

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Hi mate,

myself, wife and eldest have been graded as an a but my daughter is graded a b.

 

my agent said that hers is under processing. 
 

Its mad that it could all fall flat for us and medicals can only be done at the last stage!! 

 

nightmare!! 

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Just try and stay positive...if the grading keeps going down alphabetically then fingers crossed b is nothing to worry about.

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50 minutes ago, Lavers said:

Just try and stay positive...if the grading keeps going down alphabetically then fingers crossed b is nothing to worry about.

It’s either a or b! They have said that she will grow out of it anyway so hopefully anyone looking at it will have some Sense and pass it 🤦🏻‍♂️

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2 hours ago, Martynd said:

It’s either a or b! They have said that she will grow out of it anyway so hopefully anyone looking at it will have some Sense and pass it 🤦🏻‍♂️

It will all come down to how much they anticipate she might cost them in health care.

It doesn't matter that she will grow out of it, it's how much it will cost before she does. If it's over the threshold then it's over and that's how they measure it.

From what you describe we've certainly seen stories on here of people getting grants with more serious afflictions.

The truth though is you can do nothing about it so put it to the back of your mind and wait to here the outcome

Good Luck

 

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4 hours ago, Ausvisitor said:

It will all come down to how much they anticipate she might cost them in health care.

It doesn't matter that she will grow out of it, it's how much it will cost before she does. If it's over the threshold then it's over and that's how they measure it.

From what you describe we've certainly seen stories on here of people getting grants with more serious afflictions.

The truth though is you can do nothing about it so put it to the back of your mind and wait to here the outcome

Good Luck

Thanks for your reply! 
 

I suppose all I can do is wait. Do you know if we can appeal a decision if they do refuse our visa? 
 

martyn 

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4 hours ago, Martynd said:

I suppose all I can do is wait. Do you know if we can appeal a decision if they do refuse our visa? 

Depends what visa it is ... if the visa type has the ability to waive the health requirement, then you can request a waiver, before the visa is decided, if you can demonstrate certain criteria. You can also dispute the cost findings of the Medical Officer, but these are all complex matters and need proper specialist help.


____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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8 hours ago, paulhand said:

Depends what visa it is ... if the visa type has the ability to waive the health requirement, then you can request a waiver, before the visa is decided, if you can demonstrate certain criteria. You can also dispute the cost findings of the Medical Officer, but these are all complex matters and need proper specialist help.

Hi Paul,

we are going for the 190 visa to SA? 
 

Is this the type of visa that you can appeal? 
 

thanks 

Martyn 

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13 hours ago, Martynd said:

Hi Paul,

we are going for the 190 visa to SA? 
 

Is this the type of visa that you can appeal? 
 

thanks 

Martyn 

Unfortunately not.

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____________________________________________________________________

Paul Hand

Registered Migration Agent, MARN 1801974

SunCoast Migration Ltd

All comments are general in nature and do not constitute legal or migration advice. Comments may not be applicable or appropriate to your specific situation. 

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On 14/03/2020 at 18:50, Martynd said:

Can anyone put my mind to rest! We have taken our medicals and my youngest daughter has a couple of issues. 1, She has a viral induced wheeze....

she is on a brown inhaler (preventative) and blue as and when required. 

... both pediatrician and orthopedics have said that it is very likely she will grow out of these conditions.

If she is on a preventative and a blue inhaler, then she has asthma.   A virus often triggers it off, but once the asthma starts, she will have it until she grows out of it.  If she's currently more than three years old, she's unlikely to grow out of it until she's in her teens. 

The good news is that Australia is the world centre for asthma - she'll get better treatment here than anywhere else in the world.   Also, because she is likely to grow out of it, it seems unlikely that she'd be rejected on  medical grounds - it's a chronic condition but it's not as if she'll need expensive treatment for life, like some other conditions. 


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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If you have not already taken professional advice about how to prepare a submission, may I suggest that you do so ?

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Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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From two emails this morning:

Dear Westly

 

Today my son got immigration health clearance.

I thankfully remember your kind support and cooperation with the journey. Without your support, this journey may not be successful. May God always bless you and your family. And God always fulfil your every dream in your life.

I'm still in overseas. My last date of entry is 18 April 2020. What do you suggest me now? Travel restrictions are in place. All flights are closed now. I don't know how would I arrive in Australia. As my well wisher, what would you suggest me?

 xxx

Dear Westly,

 

Thank you for the annotations which served me equal to a Skype session.

 Keep me in your prayers always.

I will always owe to you for your all sorts of support.

 May God bless you all the time.

 With Regards,

xxx

There was a third email about entering Australia as a TR under the current restrictions. 


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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On 15/03/2020 at 23:22, Marisawright said:

If she is on a preventative and a blue inhaler, then she has asthma.   A virus often triggers it off, but once the asthma starts, she will have it until she grows out of it.  If she's currently more than three years old, she's unlikely to grow out of it until she's in her teens. 

The good news is that Australia is the world centre for asthma - she'll get better treatment here than anywhere else in the world.   Also, because she is likely to grow out of it, it seems unlikely that she'd be rejected on  medical grounds - it's a chronic condition but it's not as if she'll need expensive treatment for life, like some other conditions. 

Thank you Merisa,

Yes, her pediatrician has verbally told us that= she is likely to grow out of it as she usually gets "chesty" in the winter time. Thankfully she has not had an episode at all this winter! so fingers crossed this wont cause an issue! By the time we are aloud to travel to oz it will probably have gone given the travel restrictions at present times! Thanks for the advice and stay Safe! 

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On 17/03/2020 at 21:57, wrussell said:

If you have not already taken professional advice about how to prepare a submission, may I suggest that you do so ?

Hi Wes, Our visa Application has already been submitted! I'm guessing that there is no more that i can do but wait for an outcome? 

 

Thanks  

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Take professional advice, sooner rather than later!


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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13 hours ago, Martynd said:

Thank you Merisa,

Yes, her pediatrician has verbally told us that= she is likely to grow out of it as she usually gets "chesty" in the winter time. 

Is her pediatrician an asthma specialist, because that doesn't sound right.

When I was her age - 60 years ago - doctors thought that asthmatics got wheezy mostly in summer, whereas if you got "chesty" in winter, you weren't asthmatic - you were susceptible to chest infections triggered by colds or flu.

For the last twenty years, we've known this is bunkum, but there are some doctors (especially in the UK, where asthma isn't as common) who haven't caught up. 

They're all asthmatics, it's just that people who get wheezier in winter are more allergic to indoor things, like house dust, whereas asthmatics who wheeze in winter are more allergic to outdoor things like pollens.  

There's a very good chance she will grow out of her asthma, but not until she's somewhere in her teens.   


Scot by birth, emigrated 1985 | Aussie husband applied UK spouse visa Jan 2015, granted March 2015, moved to UK May 2015 | Returned to Oz June 2016

"The stranger who comes home does not make himself at home but makes home itself strange." -- Rainer Maria Rilke

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The regulations about the PIC (Public Interest Criteria) medical in particular, are one of the more complex areas of migration law. If a significant medical condition was diagnosed it is sound practice to obtain a relevant specialists' report (or perhaps more than one) in a format that addresses the medical and legal criteria. The style of report that medicos write to each other is often far from optimal for immigration health assessment purposes.  


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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10 hours ago, wrussell said:

The regulations about the PIC (Public Interest Criteria) medical in particular, are one of the more complex areas of migration law. If a significant medical condition was diagnosed it is sound practice to obtain a relevant specialists' report (or perhaps more than one) in a format that addresses the medical and legal criteria. The style of report that medicos write to each other is often far from optimal for immigration health assessment purposes.  

Hi, thanks for the advice! what action do you suggest i take and how do i go about it?. I am using an agent and they haven't guided me down this route? Any feedback would be greatly appreciated

 

Martyn 

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10 hours ago, Marisawright said:

Is her pediatrician an asthma specialist, because that doesn't sound right.

When I was her age - 60 years ago - doctors thought that asthmatics got wheezy mostly in summer, whereas if you got "chesty" in winter, you weren't asthmatic - you were susceptible to chest infections triggered by colds or flu.

For the last twenty years, we've known this is bunkum, but there are some doctors (especially in the UK, where asthma isn't as common) who haven't caught up. 

They're all asthmatics, it's just that people who get wheezier in winter are more allergic to indoor things, like house dust, whereas asthmatics who wheeze in winter are more allergic to outdoor things like pollens.  

There's a very good chance she will grow out of her asthma, but not until she's somewhere in her teens.   

Yes, i believe so. She has been diagnosed with a "viral induced wheeze" she seems to be getting better with age. It all sounds worse than it is as she only has 1/2 episodes a year and even then we just use her blue pump and it clears. she is a normal healthy young girl. so frustrating that this could potential mess our visa and our chances of a life in OZ! 

 

Thanks for your response

 

Martyn

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2 hours ago, Martynd said:

Hi, thanks for the advice! what action do you suggest i take and how do i go about it?. I am using an agent and they haven't guided me down this route? Any feedback would be greatly appreciated

 

Martyn 

There isn't a lot the agents on here can do to help you (except in very broad anonymous generalised terms) as they would all have the professional view that they shouldn't advise you to do something that your own agent hasn't (as you taking external advice very likely nullifies your contract with your agent - or at least your ability to claim if they are negligent)

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If you are being represented by a registered migration agent I shall not advise you. If your RMA contacts me about the medical issue, as some have, I shall advise. 


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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