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dyslexia, Dispraxia, Autism and visas

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Hi,

My eldest daughter has some issies, she was born prematurely and whilst in most ways she is absolutely fine we have some behavioural isses and the school think that its a bit unusual that despite being about 3 1/2 years ahead intellectually she cannot write properly yet can spell and read fine. She is being looked at for Dyslexia and dyspraxia and our Educational psychologist has said she has autistic traits. However she is not keen to get a diagnosis as she says it will label her unnecessarily as it is very low level.

 

My concern is that I have read about a number of visas being turned down with conditions such as these. I don't know whether its worth delaying any intervention so we can et a visa but then am I stiffling her needs, also would this be picked up ina medical anyway, particuarly with the involvement of the educational psychologist already? (I am guessing schools may nee dto do reports????)

 

Also, and this is me clutching at straws, I am married to an Australian citizen by descent, my eldest daughter is from a previous marriage and I have 2 children with my husband. We are applying for a spouses visa for me and the children, my ex has given permission for my eldest to go. What I am wondering is if the medical situation varies sligtly from visa to visa. For eg I can understand why they may refuse a whole family under a gsm catergory etc for a condition such as these? But would they maybe look more favourable on the fact its an Australian returning to oz with his family (even tho he has never been lol) Said I was clutching at straws!!!!!!! Just worried they'll say no becasue she isn't his daughter.


 


Kate (34), Lewis (37), Eve (11), Rhys (7), Phoebe (5)

DH granted Citizenship by descent 30/10/09 sub class 100 visa granted 4/12, Arrived 5th Sept 13.:biggrin:

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Ah thanks its a relief to know that if we were to apply now it probably wouldn't be picked up.

 

Does anyone know what would happen if its already being picked up? We may not apply for another 18 months at least and in which case I don't want her to struggle where she may have got help had she been diagnosed.:confused:


 


Kate (34), Lewis (37), Eve (11), Rhys (7), Phoebe (5)

DH granted Citizenship by descent 30/10/09 sub class 100 visa granted 4/12, Arrived 5th Sept 13.:biggrin:

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Hi,

My eldest daughter has some issies, she was born prematurely and whilst in most ways she is absolutely fine we have some behavioural isses and the school think that its a bit unusual that despite being about 3 1/2 years ahead intellectually she cannot write properly yet can spell and read fine. She is being looked at for Dyslexia and dyspraxia and our Educational psychologist has said she has autistic traits. However she is not keen to get a diagnosis as she says it will label her unnecessarily as it is very low level.

 

My concern is that I have read about a number of visas being turned down with conditions such as these. I don't know whether its worth delaying any intervention so we can et a visa but then am I stiffling her needs, also would this be picked up ina medical anyway, particuarly with the involvement of the educational psychologist already? (I am guessing schools may nee dto do reports????)

 

Also, and this is me clutching at straws, I am married to an Australian citizen by descent, my eldest daughter is from a previous marriage and I have 2 children with my husband. We are applying for a spouses visa for me and the children, my ex has given permission for my eldest to go. What I am wondering is if the medical situation varies sligtly from visa to visa. For eg I can understand why they may refuse a whole family under a gsm catergory etc for a condition such as these? But would they maybe look more favourable on the fact its an Australian returning to oz with his family (even tho he has never been lol) Said I was clutching at straws!!!!!!! Just worried they'll say no becasue she isn't his daughter.

 

http://www.iarc.asn.au/publications/pdfs/health.pdf

 

is worth reading.

 

Have you taken advice about applying for citizenship be descent for your children?

 

In summary:

 

If the parent was an Australian citizen by descent at the time of the birth, the parent must have been present in Australia for a total of two years before the application, unless the applicant is not a citizen of another country and has never been such a national or citizen of another country.

 

Do not be tempted to conceal any medical or educational issue. Even if a developmental issue is not 'picked up' during a medical examination it will be picked up at a school and could put you in a difficult situation if you knew about it, but did not declare it.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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http://www.iarc.asn.au/publications/pdfs/health.pdf

 

is worth reading.

 

Have you taken advice about applying for citizenship be descent for your children?

 

In summary:

 

If the parent was an Australian citizen by descent at the time of the birth, the parent must have been present in Australia for a total of two years before the application, unless the applicant is not a citizen of another country and has never been such a national or citizen of another country.

 

Do not be tempted to conceal any medical or educational issue. Even if a developmental issue is not 'picked up' during a medical examination it will be picked up at a school and could put you in a difficult situation if you knew about it, but did not declare it.

 

I will read that link ina bit thanks. My children aren't eligible for citizenship by descent as my husband has only just been granted it himself and never lived in Oz. Plus my eldest (the one with the concerns) is not his biological child so could only become a citizen once she has been permanant resident like me.

I wouldn't want to conceal anything but equally if there is no diagnosis or pressure for one I wouldn't be jumping to tell them either.


 


Kate (34), Lewis (37), Eve (11), Rhys (7), Phoebe (5)

DH granted Citizenship by descent 30/10/09 sub class 100 visa granted 4/12, Arrived 5th Sept 13.:biggrin:

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http://www.iarc.asn.au/publications/pdfs/health.pdf

 

is worth reading.

 

Have you taken advice about applying for citizenship be descent for your children?

 

In summary:

 

If the parent was an Australian citizen by descent at the time of the birth, the parent must have been present in Australia for a total of two years before the application, unless the applicant is not a citizen of another country and has never been such a national or citizen of another country.

 

Do not be tempted to conceal any medical or educational issue. Even if a developmental issue is not 'picked up' during a medical examination it will be picked up at a school and could put you in a difficult situation if you knew about it, but did not declare it.

 

 

I think reading that my instinct was right, that as we are going on a spouses visa and she is a dependant child of my husband who is a citizen then there is an option for them to grant it under the health waiver option as longa s we can show she wouldn't be a drain, and as she doesn't hav any medical help, just some extra help at school and her boggest problem is her handwriting which can be combatted by learning to type, then even if she were diagnosed we would still be ok. Thats how I've read it I hope I am right


 


Kate (34), Lewis (37), Eve (11), Rhys (7), Phoebe (5)

DH granted Citizenship by descent 30/10/09 sub class 100 visa granted 4/12, Arrived 5th Sept 13.:biggrin:

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The public interest health criteria are one of the most complex areas of migration law. School support will be counted as a 'medical cost'. The level of support currently in place is not what is assessed. It could be that for financial reasons, or availability, or some other reason that a visa applicant is not receiving the level of support that the Australian medicos view as necessary. They are not interested and know nothing about children with a particular learning style having inappropriate teaching methods imposed on them. They assess how much the 'support' is likely to cost the Australian government.

 

You should bear in mind that the rule is - one fails, all fail - and a medical waiver is not a given.

 

I most strongly advise you to take professional advice about the issue and at least prepare the case for a health waiver discretion to be exercised.


Westly Russell Registered Migration Agent 0316072 www.pinoyau.com

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Perhaps take some advice from a local panel doctor? The unfortunate thing is that if it is a problem or is "picked up" at medical you won't know that until it happens. Best to be prepared with reports etc if she has them by that stage.

 

Because it is family migration, you would be eligible to be considered for the waiver but it is discretionary not guaranteed.

 

Good luck!


applied for 309/100 19/1/10, 309 VISA GRANTED 28/4 - arrived Sydney 4/2/11, second stage visa app lodged Jan 2012, PR visa (100) GRANTED 7/6/12, now waiting for babywellie to come join us!:biggrin:

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