taffordbark Posted May 24, 2009 Author Share Posted May 24, 2009 trying to keep this one on front page also lol x Link to comment Share on other sites More sharing options...
taffordbark Posted May 25, 2009 Author Share Posted May 25, 2009 Hi Chinaplate Welcome to Poms in Oz. As you say, the Minister's Inquiry is an immensely welcome development. So are the new State Waiver arrangements: States urged to support regulations for health waiver The text of the Minister's statement is: States urged to support regulations for health waiver Wednesday 26 November 2008 The Minister for Immigration and Citizenship, Senator Chris Evans, today urged state and territory leaders to support Migration Regulations which will allow for a possible waiver of the health requirement for certain permanent visa applicants in areas of demonstrated need. If the states and territories agree, a waiver will be available for onshore applicants and their dependents who do not meet the health requirement for regional, state/territory and employer sponsored visa categories. Senator Evans said the regulations will enable the Department of Immigration and Citizenship (DIAC) to waive the health requirement after seeking input from the states and territories in cases where there is a public interest in the applicant gaining permanent residency in Australia. ‘The waiver for the health requirement will be available on a case by case basis where an overseas worker in Australia is meeting a demonstrated skill need and where there are compelling or compassionate circumstances,’ Senator Evans said. ‘This will assist people who are who are already living and working in Australia and providing a valuable service in their community but currently are not eligible for permanency because they do not meet the health requirement.’ Health waivers are currently only available for some family and humanitarian visa classes. ‘I urge the states and territories to now agree to the enabling of these regulations to assist people seeking regional, state/territory or employer sponsored visas,’ Senator Evans said. All applicants for permanent visas must meet the health requirement and any health or community care issue with significant cost implications can to lead to the health requirement not being met and a visa being refused. When assessing the health requirement, the estimated cost to the public health system is taken into account, along with state-related costs such as special educational needs, assisted accommodation and community care. ‘The amended regulations will provide the department with the flexibility and the discretion to waive the health requirement after seeking the views of the state or territory,’ Senator Evans said. Part of the row in the case of Dr Moeller was that the Migration Regulations were amended in 2006 to allow the States & Territories to use the health waiver provisions described above but by the time that Dr Moeller's visa was refused in October 2008 none of the States & Territories had signed up to participate in the waiver arrangements. Had the State Government of Victoria done so the State Government would have been able to use its discretion, DIAC could have granted a health waiver and it would not have been necessary for Dr Moeller to appeal to the Migration Review Tribunal and then direct to the Minister. Appeals are costly and they are also extremely stressful. On 25th March 2009 Victoria and the Australian Capital Territory both confirmed that they have now adopted the waiver arrangements. A couple of weeks ago West Australia confirmed its own participation. So far none of the other States & Territories have joined in with the waiver but the Minister has taken personal possession of sorting out his own objections to the way that the health requirement currently works. He is very energetic and he is also very effective, whether or not one agrees with his strategies. If he wants change he pushes it through and he has demonstrated with the skilled migration programme that he is not afraid to make radical changes if he thinks they are needed. All that said, anybody with a disabled Partner or child should, please, take specialist legal advice about the possibility of the State waiver being available. The idea is not without risk because to get it to work the family would first need to be in Australia as temporary residents and in a position to apply for an onshore skilled visa. Going to Oz on a temporary visa with no certainty that the relevant State would intercede in the end is a risky business. Agents who simply want to sell visas but have no real understanding of the relevant law and no concern for their clients' futures either will be likely to try to sell the possibility of the State health waiver as some sort of "sure fire can't fail" idea when nothing could be further from the truth. Anybody for whom this new provision is a realistic possibility really does need very careful advice from genuine experts in this field who genuinely know what they are doing and talking about with this legislation. Best wishes Gill Well said Gill, you are bang on the money about agents once again .It was our naievety that got us in the predicament that we were in in the first place ,and ,unfortunately we put our trust in people who had set themselves up as what we thought two years ago were 'experts'. I am sure this is the same scenario that many many people have experienced, and quickly rush to empty their pockets to shysters and opportunists because they have given what we assume to be the right answer ,when we have asked the question. Link to comment Share on other sites More sharing options...
hogand Posted May 26, 2009 Share Posted May 26, 2009 taffordbank - well done. great story and happy ending to it. I have posted a reply to another thread which you were contributing your story on (child with disabilities - can we still move to oz?), and stated I am going through the nervous wait on hearing if our 457 app will be approved as we have a son with Down Syndrome. I just hope we provided enough information to the panel doctor. Is there anyway of getting a copy of the report the PD would have sent? also, it would be great if I can call on you for some advice or information about your process of getting the visa as I can see the challenge it is and seeing someone get sucess is great. I hope i get to the point of feeling how you are today and have the visa accepted. Congrates again Link to comment Share on other sites More sharing options...
taffordbark Posted May 26, 2009 Author Share Posted May 26, 2009 Only too happy to help,will pm you tomorrow with my tel no,,don't forget,,its all in your hands,,never give up! Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 27, 2009 Share Posted May 27, 2009 Bumping this back up to the top for the sake of others in similar situations. Link to comment Share on other sites More sharing options...
Guest Johns Posted May 27, 2009 Share Posted May 27, 2009 You have given us some food for thought as our 7 year old has a diagnosis of Austisim ! Wishing you all the very best of luck as you start your new & exciting life in Adelaide. Link to comment Share on other sites More sharing options...
Guest Gollywobbler Posted May 27, 2009 Share Posted May 27, 2009 Hi Johns Welcome to Poms in Oz. This thread is also relevant to you: http://www.pomsinoz.com/forum/migration-issues/57798-disabilities-children-can-we-still-get-into-oz.html So is this one: http://www.pomsinoz.com/forum/migration-issues/22087-special-educational-needs-medicals.html Absolutely everything depends on the degree and severity of the condition. This bit cannot be altered or influenced. What can be influenced is ensuring that the MOC gets a full, rounded picture of the child - focussing on what the child can do, not solely on what he can't do. Which is where the whole thing comes into a head on clash with obtaining a Statement of Special Education needs. Getting a Statement depends on making like the child is a gibbering wreck, even though everyone who knows the child knows that in order to get the Statement it is necessary to focus only on what he can't do and to ignore everything that he can do. In effect, when preparing the material for the visa meds you have to undo the Statement of SEN as much as possible so that the MOC does not get only one side of the story, especially when the Statement is some years old and the child has come on by leaps & bounds since the Statement was obtained. What so nearly de-railed Taffordbark (apart from a lousy and incompetent migration agent) was a careless Panel Doctor as well. The PD told Taffordbark to produce his son's Statement. He did not ask for anything else. The way it should have been handled by the Panel Doctor was the way that Dr Goodall has recently handled the situation for Hogand's son: I used Doctor Goodall in Southampton for the medicals for our son, as he was the closest to where I live. He is excellent, very thorough and helpful. He knew the process inside out, spent alot of time with Jake assessing him and answered all our questions. He asked for all the information (i.e. statement of special needs, health reports etc) to be sent to him before he completed the medical form to return to the MOC. We were unaware all this information would be needed and im so glad he asked for it as we probably wouldnt have provided it. Im so glad he is the doctor we used after reading gollywobblers last message, as when we were doing the medical I have to say I was unaware of how important it is as we thought that as he was in good health then all would be ok. we still havent had a response as yet to whether it is successful or not, but good to know we used a good doctor. What makes matters worse is that the Instructions to Panel Doctors make it 100% clear that it is the Panel Doctor's responsibility to see to it that any additional reports etc are obtained and sent to Sydney so that the MOC is given a "decision ready" file. Historically it was possible to send next to nothing to the MOC and to leave it to the MOC to produce a shopping list of which specialists the MOC wanted to hear from and what questions the MOC wanted the various specialists to address. DIAC are under immense pressure to cut costs. Paying doctors to write shopping lists and paying other people to post them around within DIAC and then out to the visa applicant, followed by the whole rigmarole again in reverse order when the applicant sends the stuff to his CO, the CO sends it to the HOC, the HOC send it to the MOC etc is all just an incredible waste of both time and money. Solution: Shift the burden onto the Panel Doctors. Give them the job of getting all the right information together so that the MOC can do a one stop shop of making a decision on the evidence which has been produced. If no information is produced the MOC will assume that the visa applicant has been invited to produce it by the Panel Doctor but has declined to do so. The applicant can't be forced to produce information if he doesn't want to so the end result is Tafforbark's situation - almost a medical refusal and it was going to be a refusal in their case. Taffordbark had to do some very fancy footwork in order to head DIAC off at the pass and get them to issue a Natural Justice letter instead of a visa refusal letter. It went to the wire - no two ways about it. That need not have happened and would not have happened had the agent been less incompetent and the Panel Doctor less indolent. Dr Goodall and a couple of the other Panel Doctors have taken the trouble to read the current Instructions and they realise that DIAC mean what they say in them. Other Panel Doctors need to read them as well. Best wishes Gill Link to comment Share on other sites More sharing options...
Guest Jacky L Posted May 28, 2009 Share Posted May 28, 2009 Hear hear Gill!! Thank you for taking the time to explain this! Best Wishes Jacky L Link to comment Share on other sites More sharing options...
taffordbark Posted May 28, 2009 Author Share Posted May 28, 2009 Once again well put Gill , and once again for anyone who needs any advice just contact me Link to comment Share on other sites More sharing options...
Guest Johns Posted June 2, 2009 Share Posted June 2, 2009 Many thanks Gill, your advice & info is greatly appreciated especially as we feel we are stumbling about a bit !!! kind regards Allison Link to comment Share on other sites More sharing options...
taffordbark Posted June 4, 2009 Author Share Posted June 4, 2009 Many thanks Gill, your advice & info is greatly appreciated especially as we feel we are stumbling about a bit !!! kind regards Allison You dont have to feel like you are stumbling about because there are those of us who have been through the process,and people such as Gollywobler who is a wealth of information, that are only too happy to offer our FREE advice,experiences and knowledge. Good luck and remember we are here to saupport each other. Link to comment Share on other sites More sharing options...
taffordbark Posted July 28, 2009 Author Share Posted July 28, 2009 sorry it has taken so long to reply...........we are now in adelaide love it to bits andare only too happy to help wherever it is needed..we probably wont be back in full swing until the end of august as we are borrowing andlending computer access as and when we can Link to comment Share on other sites More sharing options...
Diane Posted July 28, 2009 Share Posted July 28, 2009 Just stumbled across this post before heading to bed, and it has left me in tears! Well done and I am so glad you have chosen to come to Adelaide, as you and your family sound like the type of people that enrich a place by your presence. Huge congratulations and all the very best for your life here in sunny SA (well, not so sunny today, but soon.... I promise...soon!) Diane Link to comment Share on other sites More sharing options...
Guest threespire Posted July 28, 2009 Share Posted July 28, 2009 What a truly inspirational story and a wonderfully happy ending. Thankyou for sharing it with us and I wish you and your family every happiness in your new life in Adelaide - enjoy every second , you really are deserving of it !!! Lots of love, Kirsty and family xxx Link to comment Share on other sites More sharing options...
ozzbound Posted July 28, 2009 Share Posted July 28, 2009 sorry it has taken so long to reply...........we are now in adelaide love it to bits andare only too happy to help wherever it is needed..we probably wont be back in full swing until the end of august as we are borrowing andlending computer access as and when we can God, what an inspiration!!!:wubclub: If you want something nothing can stop you. We too had immigration agents telling us that i would not get a visa and we overcame quite a few hurdles ourselves. Thanks for sharing your story xxxx Link to comment Share on other sites More sharing options...
Guest Johns Posted July 29, 2009 Share Posted July 29, 2009 BIG CONGRATULATIONS TO YOU ALL !!!! Bet you can't believe you are actually there !! We have just been granted state sponsorship for Adelaide, we have submitted our visa application and are waiting to hear back. I have just re read the thread and have got all our son's paper work together. (He's on the autistic spectrum, attends mainstream with 18 hrs support as per his statement) He was originally diagnosed at 4 & discharged by the Dr at 5 after she had done his yearly check. He gets a visit from the speech therapist who is going to discharge him next term & a yearly visit for the visiting Autistic Teacher Specialist who comes to the school to check his progress & advise the teacher. He is doing well and academically he is average/ above. Do you think it is it worth getting an update Doctors assessment done ? Henry has not had to be seen by a Dr or an Ed Psychologist since starting nursery. Just wanted to get prepared & once we get the go ahead to get medical done, send off all info to Panel Dr before our medical appointment so that get the full picture before. Once again a thank you for thread, your family has been an inspiration wishing you all great happiness & also thanks to Gollywobbler who is also a great wealth of info !! Allison Link to comment Share on other sites More sharing options...
Guest marcus34 Posted July 31, 2009 Share Posted July 31, 2009 I hv lived in Sydney now since the time I arrived in 1974, I think that this city is the finest in the world. I hv travelled and worked all the major cities and hv been round the ' island" one and3 quartr times. Being retired now, I live at the foot of the wonderful Blue mtns, on a large modern estate called Glenmore Park, where the houses range range from single story to dual level, 3 car garage, large pools and entertainment areas etc. The prices now ranging from $350,- $750.000, due to the recent economic s etc., but will increase by some $75,,000 wihin the next 12 months. When we arrived here with my family, wife and 2 daughters, life was hard, but we battled thru. Because of my work, I chose the Western suburbs, there is good and bad in every community. But here there are more olympic sized swimming pools, sporting areas, large sized public parks, etc. per head of population than the 'upper class' areas of the city. OK it gets hot in summer, we are on average 5C degrees warmer here than in the city and 5C degrees colder in winter, but it doesnt take long to acclimatise. If we want to avoid the heat, the mtns are only 30 minutes drive away, if we want the beaches the Illawara region is only 80 minutes away. Maybe a long time by English standards but here the motoring is far more enjoyable. So if any new "Poms", yes I am still a Pom, want any info, advice, settling in problems etc., be prepared my response will be forthright, I call a spade a spade, dont hesitate to give me a call on gentleman__jim34@yahoo.com.au Link to comment Share on other sites More sharing options...
Guest marzoom Posted August 31, 2009 Share Posted August 31, 2009 Thanks so much for your very inspiring story- I'm so glad it has allworked out for you after that uphill struggle! My son is aged 6 and we have decided to try to join family in Adelaide - I have 12 family members who have already emigrated. We are about to start the application process for general skilled migration so have not had any medicals as yet. He has been assessed last year and they have called his condition “Motor Coordination Disorder and Social Communication Disorder - possible Asperger's Syndrome.” He is about to be reassessed by the team here to see if they feel this is AS but we are reluctant for them to definitively call it this as we have heard of children being refused visas due to AS. Should we lay low and keep the diagnosis as it is for now do you think – but I think even with this vague diagnosis we would have to mention it ? some people have said if there is no definite diagnosis then don't disclose it at the medical and you'll be OK or should we disclose and hope for the best? Obviously if he has a diagnosis he'll be more entitled to help once there but by the sounds of it we may not actually get there in the first place. He is quite bright, goes to mainstream school, has a special educational needs co-ordinator who works with the teachers to give him sessions in the school twice a week discussing social issues and he needs help with writing aswell. Really puzzled by it all and grateful for your advice :wacko: Best wishes x Link to comment Share on other sites More sharing options...
taffordbark Posted September 12, 2009 Author Share Posted September 12, 2009 Just for the record,and for everyone who has read and posted in response to our story,we arrived in Adelaide onthe 26th of June after nearly 3 years fighting our cause. It has taken us a couple of months to settle down and feel 'normal ' again and am sure that things will get better and better the further into this journey we go. The kids have settled well into school and do not miss much about their previous life in the Uk ,neither do we to be honest. We feel like we can make this place our home,granted there are many things that we find alien and different but overall there are very few negatives to report (THEY DONT SELL VIMTO) and the long battle we have had for the last three years at this early stage seems to have been well worth the hardships we have endured. My advice to any one reading this is if you are sure that coming here is what you realy want,then go for it and follow your dream,dont take no for an answer and be careful of people asking for cash for ill informed advice. Link to comment Share on other sites More sharing options...
taffordbark Posted May 24, 2011 Author Share Posted May 24, 2011 Nearly three years ago we decided to see if it was possible to go to Australia. We contacted an agent who assured us that Carpet fitters were on the list and invited us to apply using skill path D.The other issue at the time was that we were long term foster carers of two sisters,who we love very much and were not going without them. We started the visa application gathering information for pathway D and at the same time started the process for adoption,which we were not guaranteed to get as it was fiercly contested by the birth family with whom the girls had very little contact. Our dreams seemed to be fading in October 2007 when we found out that pathway D had been suspended, we were then told that the birth mother was trying to overturn the care order in order to try to get the girls back ( the girls had only lived with her for 2 + 3 years and at this time they were 11 + 12 respectively) We were about to give up hope,we wished we had never started the whole thing,we had paid an agent £3500 and they seemed to be doing nothing. January 2008 saw some light as the birth mother had withdrew her application to overturn the care order as the independaant assesment of her deemed that she was unanble and incapable of caring for them. We then had the question of a visa,no pathway D and at the time seemingly no way of getting there. After sending a considerable amount of e-mails to various people in Adelaide,the gods must have been smiling on us as we were contacted by someone who was looking for someone with my skills. He agreed to sponsor us,we were overjoyed. With this we could now go back to court to show the judge that we had a clear way of entering Australia,he was still unsure about severing any ties with birth family and ordered the legal bods to investigate the possibilities of special guardianship orders. Some months later the news came back from Aus that special guardianship orders would not suffice as it would leave the childrens legal immigration status uncertain when they reached 18. He also pointed out that adoption under the childrens act 1989 could not be used as a device for another purpose . The decision had to be made as to what was in the childrens best interest,he ruled on the 17 th of December 2008 that it was in the best interest of the children to emmigrate and granted the adoption,,,,phew we were over the moon. Meanwhile,because we were certain that the order would be granted,we had the sponsorship in place etc,we decided to go for our medicals. We were absolutely devastated to find in March this year that my son had had his medical refused because he has been Diagnosed with Aspergers syndrome,which is on the autistic spectrum. We realised that we had made a classic mistake of not obtaining up to date reports before the meds were done,the panel doctor barely gave him a look and because he is no trouble to us we didnt even consider him being a problem to the Australian health authorities. Plus at the time of the meds we were totaly distracted by the adoption issues and didnt realise that his statement of special educational needs were out of date. We obtained letters from his school,the medical psychologist ,scout group,uncle Tom Cobley and every one we could.We sent them off to the medical bods in Aus,thinking we had half a chance,but hedging our bets by planning a new life in this county as we were not confident that we would have the visa accepted. Today we got our visa,it has been a trial to say the least,we never gave up and we urge others who are in any sort of predicament such as ours not to give up if it is what you want. What I have wrote here is a brief summary of events just to outline the hurdles we have overcome. I would like to offer Gill Palmer (Gollywobbler) a special thank you. She has been an absolute rock right through this,we have learned so much and without you Gill we would have been all at sea,you are a diamond! 2 years on,,and we are still here in little old Adelaide.the kids are having the time of their lives,granted its not been all sunshine and barbeques but we now know it was worth all the hard work,effort heartache and tears. All of our children have a great future to look forward to and once again,after all of this time,thank you gill palmer,,,or saint gill as you are known as in our house lol.:hug: Link to comment Share on other sites More sharing options...
Guest Posted May 24, 2011 Share Posted May 24, 2011 2 years on,,and we are still here in little old Adelaide.the kids are having the time of their lives,granted its not been all sunshine and barbeques but we now know it was worth all the hard work,effort heartache and tears.All of our children have a great future to look forward to and once again,after all of this time,thank you gill palmer,,,or saint gill as you are known as in our house lol.:hug: So good to hear the kids are happy and settled. Its made it all worthwhile I would think. Long may you all enjoy Adelaide You did brilliantly and your story is an inspiration to those who may be on a similar path. Link to comment Share on other sites More sharing options...
Guest hrimmer3011 Posted May 24, 2011 Share Posted May 24, 2011 That is truely a great thread, so inspriring and you guys, well what can I say? So pleased for you all, it goes to show, never give up your dreams. I will remember you when we are stressing and moaning about all thise visa process, cos if you can get that golden ticket with all the hassles and nightmares you have been through then there is hope for the rest of us. Good luck to you all best wishes for the future The Rimmer's Link to comment Share on other sites More sharing options...
moirclan Posted May 24, 2011 Share Posted May 24, 2011 have a look around they do sell vimto im from the midlands so i buy it fizzy but they do also sell the cordial ] flat] which im sure is an aquired taste lol Link to comment Share on other sites More sharing options...
Cal2 Posted May 24, 2011 Share Posted May 24, 2011 thanks for this, it's really inspirational, I'm keeping it for any low moments. We also have 2 adopted children, not sure how this will impact on our visa application, any advice anyone (never thought of it, as they're our kids aren't they) Link to comment Share on other sites More sharing options...
Guest Posted May 24, 2011 Share Posted May 24, 2011 thanks for this, it's really inspirational, I'm keeping it for any low moments. We also have 2 adopted children, not sure how this will impact on our visa application, any advice anyone (never thought of it, as they're our kids aren't they) As I understand it if you've adopted them then there should not be any issues. I know there are some other threads on this around the forum. The OP adopted after long term foster and they are enjoying their new life in Aus now Link to comment Share on other sites More sharing options...
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