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Tarby777

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Hi all,

 

Can someone explain at what point medicals are done in the permanent skilled migration visa application process? Without going into detail, there's one thing that might cause a problem in the medical and I don't want to spent time and/or money on other things if there's a chance of failing the medical. Ideally, I'd like to have the medical first and know for sure whether I pass or fail before proceeding. Is that possible?

 

TIA

Tarby

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Hi

 

Medicals can be done at anytime once your application has been submitted to DIAC..

 

The normal thing though is to wait for a CO to request your medicals before you attend them..

 

The meds as Pccs only have a 1 year validity, so if you carry them out early they are in danger of expiring before your visa grant..

 

In this case you will have to take them again..

 

Regarding what to expect, heres link to a thread i posted about our lovely day at the Drs..

 

http://www.pomsinoz.com/forum/migration-issues/54573-meds-done-dusted.html

 

 

Goodluck

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Guest Gollywobbler
Hi all,

 

Can someone explain at what point medicals are done in the permanent skilled migration visa application process? Without going into detail, there's one thing that might cause a problem in the medical and I don't want to spent time and/or money on other things if there's a chance of failing the medical. Ideally, I'd like to have the medical first and know for sure whether I pass or fail before proceeding. Is that possible?

 

TIA

Tarby

 

Hi Tarby

 

The Medical Officer of the Commonwealth cannot provide the Minister for Immigration with an opinion about whether or not PIC 4005 is met unless a visa application has been received. Without the visa application there are no legal wheels on the cart.

 

From your description of your wife's conditon in your earlier thread, her condition does not sound like a show stopper to me.

 

This is not a game of chance. Risk can be calculated.

 

Public Interest Criterion 4005 is set out in full here:

 

4005 The applicant:

(a) is free from tuberculosis; and

(b) is free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community; and

© is not a person who has a disease or condition to which the following subparagraphs apply:

(i) the disease or condition is such that a person who has it would be likely to:

(A) require health care or community services; or

(B) meet the medical criteria for the provision of a community service;

during the period of the applicant’s proposed stay in Australia;

(ii) provision of the health care or community services relating to the disease or condition would be likely to:

(A) result in a significant cost to the Australian community in the areas of health care and community services; or

(B) prejudice the access of an Australian citizen or permanent resident to health care or community services;

regardless of whether the health care or community services will actually be used in connection with the applicant; and

(d) if the applicant is a person from whom a Medical Officer of the Commonwealth has requested a signed undertaking to present himself or herself to a health authority in the State or Territory of intended residence in Australia for a follow‑up medical assessment, the applicant has provided such an undertaking.

 

 

Basically, is your wife likely to need major surgery accompanied by prolonged physio, extended periods off work etc during the next 5 years or so? From what you have said, that seems unlikely?

 

OK, would she become eligible for the Disability Support Pension in Oz?

 

Disability Support Pension

 

PIC 4005 requires that the means-testing element with DSP must be ignored. The qualifying period must also be ignored too because Special Benefit can be claimed during the waiting period. Whether or not she would get DSP and if so at what rate (ie what degree of disability) can be calculated by reference to the Tables of Impairment:

 

Social Security Act 1991

 

The Panel Doctor is required by the MOC to examine your wife in accordance with the following Instructions:

 

http://www.immi.gov.au/gateways/panel_doctors/conducting_medicals/instructions/panel-doctor-instructions-vers-jan-2008.pdf

 

Attachment 5 on Page 47 states that scoliosis is an insigificant condition as far as the MOC is concerned. Attachment 4 goes to great lengths to tell the Panel Doctor whether to tcik Box A or Box B on Form 26. All that a tick in Box B means is that the person's meds cannot be cleared by the clerical staff at the Health Operations Centre in Sydney. Box B meds files must be sent to the MOC service for one of the doctors to consider the findings and provide the Minister with a written opinion.

 

If the physical disability is very mild (albeit very painful) the Panel Doctor may be able to tick Box A anyway.

 

Attachment 3 on Page 43 contains the details of testing Activities of Daily Living.

 

My suspicion is that when you have read the Instructions carefully you are likely to realise that it is very unlikely that your wife's condition will be a show stopper.

 

If you want to you could frontload your wife's meds alone. That is, you could see a Panel Doctor, get him to do a set of visa meds and then he can discuss with you whether or not he thinks the MOC will Opine that your wife meets the Health reguirement. However although the meds can be done and sent in advance of the visa application being made, the HOC would simply hang on to them and do nothing until a visa application has been received as well.

 

Are you thinking of using a migration agent for your skills assessment and visa application? If you are thinking of using an agent anyway then Peter Chiam (Ptlabs) would be an excellent choice because he is known to be a guru when the applicant is an IT expert, Peter does not overcharge and his brother is a doctor, which might be handy on this occasion. Peter does not over-egg the pudding the way some agents do when a meds query crops up because his brother can explain about the person's condition.

 

Ptlabs Consulting

 

The last thing you need is an interfering Agent faffing around who really hasn't a clue how the health requirement works but who is very keen to spend your money on an expensive exercise that achieves nothing beyond covering the agent's own ass. It never occurs to some of them that by the time the client has spent £x on the agent's fees for medical interference plus £y on the fees of 1 to 3 doctors who make the agent feel safe, it would have been a darned sight cheaper simply to make a visa application and then see what happens. They put the clients through an elaborate and expensive pantomime which provides no certainty of any description because none of the extraneous doctors work for the MOC service in Sydney. By the time the agent feels sufficiently reassured to proceed, you have already paid an arm and a leg with all the ordinary fees (plus agents' fee) for the remainder of the process still to be paid - by you of course. The agent merely wants a situation in which if the MOC makes a peverse decision, you can't sue the agent for negligence. When that is what they are worried about they should pay for the medical pantomime themselves in my view.

 

Please sing out if you have any questions.

 

Best wishes

 

Gill

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Thanks both for your replies - particularly to you Gill, for all that detail. (good detective work checking my earlier post too!).

 

I used Peter for my RPL application (received by the ACS last week) and I'll be using him again for the visa application process.

 

Best regards,

Tarby

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Guest scooter

Hi All just to say hope it all goes will for you as we are in the same boat as our 143 visas went in last year and my wife was great but had breast cancer 7 years ago all great then 5 months ago as gone in the bones but they say very low and will go on for 10 years and more but now waiting on doc's and lawyer's to talk to see if we can go on with our visas so if anyone can help or been in the same boat plesae let me know thanks

scooter

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