Medical requirement issue

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Medical requirement issue


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Old 21st September 2019, 06:39 PM
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Default Medical requirement issue

Hi all,
My partner is from the USA and we are looking into getting married and doing the partner visa. He ticks all the boxes with the exception of the medical. He has scoliosis. It's also in the servere range. He does not take medication, he is able go walk, to work, the live as normal, but he has been recommended elective surgery. It is also listed as a life long medical condition. Anyone have any cases similar, any info on what are the odds or any stories that might help guide us to what we should expect? I am not confident despite there being no issue that he won't be rejected and it's weighing on me a lot.
Thanks.

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Old 21st September 2019, 10:08 PM
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Originally Posted by Cjroxy View Post
Hi all,
My partner is from the USA and we are looking into getting married and doing the partner visa. He ticks all the boxes with the exception of the medical. He has scoliosis. It's also in the servere range. He does not take medication, he is able go walk, to work, the live as normal, but he has been recommended elective surgery. It is also listed as a life long medical condition. Anyone have any cases similar, any info on what are the odds or any stories that might help guide us to what we should expect? I am not confident despite there being no issue that he won't be rejected and it's weighing on me a lot.
Thanks.
It may be worth consulting with MARA agents with a reputation for helping clients navigate the health requirement - just sharing their names, I haven't had anything to do with them:

George Lombard
http://austimmigration.com.au/

Peter Bollard
https://www.lewisbollardmigration.com.au/

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Last edited by NB; 21st September 2019 at 10:13 PM.
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Old 22nd September 2019, 12:25 AM
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Originally Posted by Cjroxy View Post
Hi all,
My partner is from the USA and we are looking into getting married and doing the partner visa. He ticks all the boxes with the exception of the medical. He has scoliosis. It's also in the servere range. He does not take medication, he is able go walk, to work, the live as normal, but he has been recommended elective surgery. It is also listed as a life long medical condition. Anyone have any cases similar, any info on what are the odds or any stories that might help guide us to what we should expect? I am not confident despite there being no issue that he won't be rejected and it's weighing on me a lot.
Thanks.


Are you a permanent resident or citizen of Australia ?


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Old 22nd September 2019, 01:09 AM
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I am a citizen myself

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Old 22nd September 2019, 01:50 AM
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Mate contact the two MARA agents above (I'd personally recommend My Access Australia as well), also take solace in the news that the health requirement cost thresholds have been changed. This is likely to benefit folks like your partner with a lifetime condition.

Some info here:
https://www.sbs.com.au/news/exclusiv...h-disabilities

Basically they will need a specialist report detailing their condition and reasonable cost of treatment over X years. A MARA agent with experience in this domain will be able to advise how to do so.

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Old 23rd September 2019, 01:43 AM
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I am a citizen myself


His condition is life long and will be falling into most likely burden to the Australian community as per migration act. However, in my personal view the act may not have a condition that a citizen or PR holder should not marry a person with medical condition which would be considered as an act of discrimination. So on that ground despite costing to the community they still have to consider and process his application. You can take the view from the specialistís name mentioned above and process the application on your own.


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Old 23rd September 2019, 04:31 AM
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His condition is life long and will be falling into most likely burden to the Australian community as per migration act. However, in my personal view the act may not have a condition that a citizen or PR holder should not marry a person with medical condition which would be considered as an act of discrimination. So on that ground despite costing to the community they still have to consider and process his application. You can take the view from the specialistís name mentioned above and process the application on your own.


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The good news is now the healthcare cost threshold is $49,000 (previously $40,000) over a period of 10 years (previously lifetime hypothetical cost) - so as long as it is within that threshold you may stand a good chance.

A reputable MARA agent will be able to advise authoritatively regarding the docos required (e.g. from medical specialists).

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Old 23rd September 2019, 06:37 AM
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The good news is now the healthcare cost threshold is $49,000 (previously $40,000) over a period of 10 years (previously lifetime hypothetical cost) - so as long as it is within that threshold you may stand a good chance.

A reputable MARA agent will be able to advise authoritatively regarding the docos required (e.g. from medical specialists).
Hi PI,

Consider a hypothetical case: A single Citizen/PR holder of Australia decided to marry someone from outside Australia and have a medical condition which will be a burden to Australian community(as per Migration Act), do you think DoHA can reject the partner visa? In my view, it should not be. Would appreciate if you CAN, kindly check with the mara agent whome you hired for your visa processing.

Again in my view, this is the reason, even when an applicant apply who have dependents but decided to not apply now for them(for unknown reasons) together with his application, but DoHA still insists medical is mandatory for them, as once his PR is issued later he can change his mind and apply PR for them.

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Old 24th September 2019, 04:38 AM
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Hi PI,

Consider a hypothetical case: A single Citizen/PR holder of Australia decided to marry someone from outside Australia and have a medical condition which will be a burden to Australian community(as per Migration Act), do you think DoHA can reject the partner visa? In my view, it should not be. Would appreciate if you CAN, kindly check with the mara agent whome you hired for your visa processing.

Again in my view, this is the reason, even when an applicant apply who have dependents but decided to not apply now for them(for unknown reasons) together with his application, but DoHA still insists medical is mandatory for them, as once his PR is issued later he can change his mind and apply PR for them.
According to the DHA website the spouse of an Aussie citizen / PR holder still needs to meet the health and character requirements to be granted the partner visa.

If/once rejected though the AAT is an avenue where you can make additional arguments - and there are numerous cases (not all) I have come across where the applicant doesn't meet the character requirement (e.g. due to a prison term of more than 12 months) but the AAT sends the application back to DHA as they feel it is more important that the family unit stays together (especially if there is children involved) or as the applicant is of value to 'the Australian community'.

Where the health requirement is concerned I can't recall at the top of my head any such cases though.

It would really depend on the individual application I would think.
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