Spouse visa refusal - MRT process?

[AlburyAhoy]

Hi. I am so sorry for all you have had to go through. I am in a similar boat. I failed the medical as I had a kidney transplant 17 years ago. They estimate my costs at $479k! Ludicrous. We have been asked to submit further information for the health waiver. But looking at your posts that doesn't look to optimistic. Devestated. Any advice would be really appreciated xx

[Guest]

Hi. I am so sorry for all you have had to go through. I am in a similar boat. I failed the medical as I had a kidney transplant 17 years ago. They estimate my costs at $479k! Ludicrous. We have been asked to submit further information for the health waiver. But looking at your posts that doesn't look to optimistic. Devestated. Any advice would be really appreciated xx

 

Hi AlburyAhoy,

 

I'm really sorry to hear you are faced with a similar situation, it's so unfair - and that seems like an extraordinary costing, giving that you had the transplant 17 years ago. Are you still in the process of submitting further information, or have you already submitted it?

 

From our experience, in hindsight, I wish we had sought legal advice before submitting our waiver application. I would definitely suggest doing that ASAP. I know, you've probably heard that before, but I definitely think a good immigration lawyer can advise the best way forward in your situation as they would've seen similar cases before. It really helped us, I just wish we'd sought advice before submitting our waiver rather than after, as we may have avoided having to apply to the MRT. (We found out after making an FOI request for our DIAC file that our case was "borderline" - that is what one of the DIAC staff had written in an email but, nonetheless, the waiver was still refused).

 

Apart from that, in case it helps, these are the things that I know worked against us:

 

- We applied offshore

- We still lived in the US, and I have US permanent residency so there was nothing preventing me (Australian citizen) from living in my husband's (US citizen) country

- We have no children so the refusal wouldn't impact an Australian child

- We had relatively modest assets when we applied, and owned no property in Australia

- We weren't employed in Australia (only in the US), so a refusal would not have impacted an Australian employer

 

The things that were in our favour:

 

- The hypothetical cost of $100,000 was relatively modest

- My parents and sisters live in Australia so I could show close family ties

- My job is listed in the Skilled Occupations list so it's a skill valuable to Australia

- My husband has a good employment record so it was clear he was able-bodied and wouldn't require any special care other than his medication and check-ups

 

If you are already working in Australia in a skilled occupation, and you have assets that exceed the hypothetical cost, then that is definitely a good thing as, from what I gleaned during our ordeal, it's ALL about money or having a skill that is highly in demand.

 

Have you looked at the MRT decisions database? http://www.austlii.edu.au/au/cases/cth/MRTA/ That really helped me get an idea of the kind of information that helped people successfully appeal (you have to search a bit to find the cases that relate to the health requirement but there are a few in there).

 

I would most definitely seek legal advice, though.

 

I really wish you all the best and hope so much that you get the waiver - feel free to PM me if you have any more questions.

[Loopylu]

I agree, and the really frustrating thing for us is that the Australian Parliament looked into this issue and came out with a report two years ago recommending sweeping changes to the health requirement ( http://www.aph.gov.au/Parliamentary_Business/Committees/House_of_Representatives_Committees?url=mig/disability/report.htm ). It had support from all political parties but absolutely NOTHING has been done about it!

 

Yes - I read that report too when I was researching the health requirements before submitting my partner visa application. I'm a lawyer by profession so I find things like that interesting in any event. What I have found in Oz is that things move slowly when it comes to human cost issues (eg measures to stop the tragedy of drowned asylum seekers) but when we have a flood it takes a few weeks to put in place a new tax to pay for the damage....

 

I have a health issue (depression) which I was worried might go against me, even though it costs me only $300 a year to control with anti-depressants and I am absolutely fine so long as I keep balancing my serotonin levels with the happy pills! My health report was sent by the examining doctor to a board for a couple of weeks after my health check but (unlike a colleague of mine with similar issues who had to see a psychiatrist) my sealed health report came back to me and I just sent it off with the rest of the visa application. My colleague who had to see a psych had no problems with getting his PR and I am assuming that this will be the same for me.

[AlburyAhoy]

Hi,

 

Thank you so much for replying. I have had a look at that database but I don't even know where to start looking on it! My Husband is on the skilled list and I am working also. Our son is in school here and we are under contract to buy our house. So we are really settled. Have you any recommendations on any documents to get for them other than medical. I have got a reference from my job and my Hubbie is getting one for his. I am getting another character ref also. Trying to get letters from my doc in Ireland is hard. But I am trying. Our case officer is on 2 weeks holidays now so I want to get it all together and into her in the next week or so. So nervous!

 

Thanks again for taking the time

xxx

[Guest]

Hi,

 

Thank you so much for replying. I have had a look at that database but I don't even know where to start looking on it! My Husband is on the skilled list and I am working also. Our son is in school here and we are under contract to buy our house. So we are really settled. Have you any recommendations on any documents to get for them other than medical. I have got a reference from my job and my Hubbie is getting one for his. I am getting another character ref also. Trying to get letters from my doc in Ireland is hard. But I am trying. Our case officer is on 2 weeks holidays now so I want to get it all together and into her in the next week or so. So nervous!

 

Thanks again for taking the time

xxx

 

Hi,

 

Thank you so much for replying. I have had a look at that database but I don't even know where to start looking on it! My Husband is on the skilled list and I am working also. Our son is in school here and we are under contract to buy our house. So we are really settled. Have you any recommendations on any documents to get for them other than medical. I have got a reference from my job and my Hubbie is getting one for his. I am getting another character ref also. Trying to get letters from my doc in Ireland is hard. But I am trying. Our case officer is on 2 weeks holidays now so I want to get it all together and into her in the next week or so. So nervous!

 

Thanks again for taking the time

xxx

 

Sorry for taking so long to reply, AlburyAhoy ... I can tell you what we submitted for our waiver but bear in mind that we were not successful getting the waiver, we had to go to the MRT so I don't know how helpful it'll be for you! I'd still strongly suggest getting legal advice before submitting the waiver ...

 

The documents we submitted were:

 

- All financial information, i.e. current bank statements, superannuation and US retirement account statements, share dividend statements, house valuation, mortgage statements, tax returns for last couple of years, pay statements

- Proof of employment, i.e. pay statements and letters from employers

- Six statutory declarations from family members and friends in Australia stating they would offer care and support (including financial) if needed, if my husband should have a flare up of his condition

- A personal statement I wrote stating that I would unequivocally support and take care of my husband in Australia if he needed it

- Information about volunteer work I had done in Australia prior to leaving and a statement to say that we intended to continue with this work

- A copy of our resumes and qualifications (i.e. copy of my degree and husband's trade qualifications)

- A copy of research we had done re obtaining private health insurance (i.e. letters from insurance companies saying they would insure my husband)

- A letter addressing each of the waiver criteria specifically

 

I don't know if the criteria for the skilled visa health waiver is the same as for the Australia spouse visa, but we had to address these specific points:

- The English language skills of all applicants;

- Qualifications and work history of you, your sponsoring spouse and any other relevant

adults;

- Current employment or employment prospects for all relevant adults (including the

sponsor/proposer). Any claims should be supported by documents such as most recent

annual income advice or payslips where possible;

- Assets and other income of all relevant adults (including home ownership; other property,

investments, social security payments from overseas government, private

superannuation etc);

- Any skills or contributions you may contribute to the community.

- Whether there are Australian children who would be adversely affected by a decision not

to waive the need to meet the health requirement;

- The location and circumstance of your family members and your sponsor’s family

members;

- The willingness and ability of a sponsor, family member or other person or body to

provide care and support

- What care arrangements are in place or what are the proposed care arrangements

- Information regarding non-migrating applicants, including what arrangements have been

put in place for their care, and what is the likelihood of them ultimately applying to migrate

to Australia.

- Any factors preventing your sponsor from joining you in your own country, or in another

country;

- Any other compassionate and compelling circumstances which you consider relevant;

 

If I were to do it again I would submit way more information. As much as possible and anything you can possibly think of, such as statements from your son's school explaining the impact it would have if he had to be removed and settle somewhere else, any statements of support you can get from community groups you are a part of, stat. decs from friends in Australia, as many statements as you can get from employers saying what impact it would have if you had to leave, maybe a statement from a psychologist or doctor stating what the emotional impact would be on you and your husband if you had to leave the country. You do need to address whatever your criteria is very specifically but I reckon it is better to go with as much supporting information as you possibly can get together. But, seriously, a lawyer would know what would be right for your specific case. (I know I keep saying it but that is definitely what I would have done differently if we had to re-do the waiver - get a lawyer straight away!)

 

Also, take as much time as you can to get the information - ask for a time extension from your case officer if you can't get all the information you think you need in two weeks. It's really important to get every bit of information you need rather than rushing it - we were given 28 days and it took us that long to get everything together.

 

Re the MRT decisions database, I'd definitely have a look at some of the cases if you can - try this search link: http://www.austlii.edu.au/cgi-bin/sinosrch.cgi?method=all&query=pic+4007+waiver&meta=%2Fau&mask_path=au%2Fcases%2Fcth%2FMRTA

 

Those are cases relating to people who failed the health requirement and, if you read through a few, they'll usually state the amount that the MOC estimated so you can get an idea of the outcomes of people in a similar range to yours.

 

Wishing you all the best - I hope this helps at least a bit!

[AlburyAhoy]

Hi there,

 

You are so good to go to all of this trouble. We have submitted everything. All 77 pages of documents. I suppose it is just a waiting game now. I am afraid to ask them what our options will be if we are unsuccessful. Does this mean at the end of our 457 that we will have to leave? It is all very confusing and very upsetting. I just hope we hear soon and are at least put out of our misery. My nephrologist here said in a letter to them that they have overestimated my costs at 479k and he said that at most they would be 200k and that would be if my kidney failed which it is showing no sign of doing.

 

So it is all a waiting game now. Thank you again.

 

Sian x

[RockDr]

I am afraid to ask them what our options will be if we are unsuccessful. Does this mean at the end of our 457 that we will have to leave? Sian x

 

You would always have the option of applying for another 457 if your employment is still going fine. You just wouldn't be able to get a PR visa unless they change the medical requirements (which could happen, never say never...). So this would probably mean eventually having to retire in the UK.

[AlburyAhoy]

Thank you RockDr. That is a relief. i didn't want to bombard our case officer with questions. At this stage I would nearly take up religion again!!!

[Danni]

@jejuniper I was wondering how this application worked out for you all these years later? My parter is facing a similar battle. 

[VERYSTORMY]

1 hour ago, Danni said:

@jejuniper I was wondering how this application worked out for you all these years later? My parter is facing a similar battle. 

Your best course of action would be to speak to a registered migration agent 

[Danni]

@VERYSTORMY we already are. I was just asking for real life experiences. 

[Guest]

@Danni Sorry for not replying sooner, I just noticed the notification for this in my email spam folder!

Thankfully we did end up winning our MRT appeal and we're now happily living in Australia. We did discover that the drug my husband was being treated with in the US for ulcerative colitis is not even approved for his condition on the Australian Pharmaceutical Benefits Scheme so it's still a mystery to me how the immigration department came up with their cost estimate.

Let me know if you'd like any more information.  I hope everything works out for you.

[Darwin]

@Dani..How it went for you? I have UC and currently taking medicine, have done medical..Waiting anxiously  ..thanks

[Darwin]

@DanniHow it went for you? I have UC and currently taking medicine, have done medical..Waiting anxiously  ..thanks

[TartanHamster94]

Has anyone had a positive visa application while being treated with Infliximab recently? My UC is well controlled and I have a job offer for Sydney, working my way through the visa practicalities now and it's just hit me that I have quite a high chance of rejection. It seems crazy that they don't cost the economic benefit I'd bring until any potential waiver (which I'm not even sure my Visa type will have). I'll be paying heaps more in taxes than the cost of my medication per year. 

[Marisawright]

32 minutes ago, TartanHamster94 said:

Has anyone had a positive visa application while being treated with Infliximab recently? My UC is well controlled and I have a job offer for Sydney, working my way through the visa practicalities now and it's just hit me that I have quite a high chance of rejection. It seems crazy that they don't cost the economic benefit I'd bring until any potential waiver (which I'm not even sure my Visa type will have). I'll be paying heaps more in taxes than the cost of my medication per year. 

...however, you will be paying the same taxes as someone else who doesn't have an expensive health condition.

If you were the only person able to do that particular job, then yes, you're bringing an extra economic benefit and that should be taken into account.  However the fact is that in most cases, there are hundreds of migrants eager to move to Oz and they can afford to pick the ones that will cost them the least.  

[TartanHamster94]

2 minutes ago, Marisawright said:

...however, you will be paying the same taxes as someone else who doesn't have an expensive health condition.

If you were the only person able to do that particular job, then yes, you're bringing an extra economic benefit and that should be taken into account.  However the fact is that in most cases, there are hundreds of migrants eager to move to Oz and they can afford to pick the ones that will cost them the least.  

Yeah I can appreciate that, but in my case it's a pretty niche job for which demand outstrips supply. Otherwise the company wouldn't be putting me forward for a Visa. I think on of the stipulations is that they have to demonstrate why they can't hide into the position from the domestic talent pool right? They're under a bit of time pressure and so want to try some different ways of pushing me through but obviously I understand there's a possibility I get rejected so trying to find any case at all to give me some hope and share some experience.

[Marisawright]

39 minutes ago, TartanHamster94 said:

Yeah I can appreciate that, but in my case it's a pretty niche job for which demand outstrips supply. Otherwise the company wouldn't be putting me forward for a Visa. I think on of the stipulations is that they have to demonstrate why they can't hide into the position from the domestic talent pool right? 

Yes,  but at the same time, surely you're not the only person in the whole of the rest of the world available to fill the job?  

[paulhand]

4 hours ago, TartanHamster94 said:

Yeah I can appreciate that, but in my case it's a pretty niche job for which demand outstrips supply. Otherwise the company wouldn't be putting me forward for a Visa. I think on of the stipulations is that they have to demonstrate why they can't hide into the position from the domestic talent pool right? They're under a bit of time pressure and so want to try some different ways of pushing me through but obviously I understand there's a possibility I get rejected so trying to find any case at all to give me some hope and share some experience.

Presumably your potential employer has a Registered Migration Agent involved in this process who can give you some guidance. As you say, health criteria vary by visa type and you haven't specified which visa you are looking at. 

[TartanHamster94]

8 hours ago, paulhand said:

Presumably your potential employer has a Registered Migration Agent involved in this process who can give you some guidance. As you say, health criteria vary by visa type and you haven't specified which visa you are looking at. 

I'd imagine they do, but I won't find out until next week so at the moment it's all been my own research. The rules aren't particularly straightforward so hoping I can speak to someone who will clear some of it up. Like I said, a positive store to provide some hope would settle my nerves over the weekend.

[Nemesis]

32 minutes ago, TartanHamster94 said:

I'd imagine they do, but I won't find out until next week so at the moment it's all been my own research. The rules aren't particularly straightforward so hoping I can speak to someone who will clear some of it up. Like I said, a positive store to provide some hope would settle my nerves over the weekend.

Then speak to Paulhand, who replied to you above. He is a registered migration agent.