Partner (309) Visa and Health Waiver

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Partner (309) Visa and Health Waiver


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Old 01-26-2015, 01:59 AM
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Partner (309) Visa and Health Waiver

Hello,

My partner and I are looking for some advice/information in regards to the 309 Partner Visa and Health Waivers. We both know of the two agents that deal with visas and health waivers but we want to know if it is possible to do this our selves and what we will have to do (especially for the waiver). We are wondering if we have a chance. Any help will be greatly appreciated and if more information is need about us we will be happy to provide it. Thank you!

I'll give some background on our situation and us.
-We have been married as of October 2014 and were dating long distance for three years before that
- We are in our 20s
-We do not have children
-He is an Australian citizen and I am Canadian.
-He is an engineer, I currently do not have a degree in anything important/useful but I am doing some courses to improve this
-We both work
-I do not have a criminal record (not even a speeding ticket! )

I was diagnosed in October 2014 with Relapsing Remitting Multiple Sclerosis. I do not require assistance of any type, be it homecare or money from the government. I do take medication, however I've looked into it and it is on the PBS.


Last edited by MissVesper; 01-27-2015 at 09:09 AM.

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Old 01-26-2015, 04:47 AM
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Hi MissVesper - unfortunately it's not just about what you might need now, but what you might need in the future. With a condition like MS, you really, really do need to get a professional involved (George Lombard, as you've read). I know that's not what you wanted to hear, but it's the truth. The reasons why:

1) If your condition would completely preclude you from getting a visa no matter what, George will tell you why. Spending a few hundred dollars on a consultation to find this out is MUCH less expensive than applying for the visa and being outright denied.
2) He will give you suggestions for what type of information should be included on the letter you get from your specialist to take to your panel doctor appointment in order to maximize your chances of not going through the Health Waiver process.
3) If you do end up having to go through the health waiver process, it is CRITICAL to have a good agent involved who specializes in medical issues. He shared with me some of the criteria that DIBP take into account for health waivers, and it's insanely complex and just a START to what they think about when they look at individual cases. It's not something they publish on their website or something easily available to the public, unfortunately. You would not really know what criteria they were looking for or how to best build your case without professional assistance. I'll try to find the document he shared with me so I can share it with you and you can get some idea of what they look at.

A denied visa is heartbreaking and costly... don't put yourself through that just because you think you can save yourselves a few thousand dollars in agent fees. It's definitely not worth it.

Dinkum likes this.
__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-26-2015, 05:00 AM
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I found the document - here's the most relevant part:

Quote:
Factors afforded weight under policy
Under policy, s65 delegates should put substantial weight on the fact that a failure to exercise the PIC 4007(2) waiver would:
• negatively impact on Australian citizen children (particularly those children of the relationship if a Partner visa has been applied for or those children who are already residing in Australia) or
• result in immediate family members living apart.
Significant weight should also be given to the following factors:
• if an Australian citizen sponsor were forced to relocate it would negatively impact on their health
• the applicant and/or other working family members have occupational skills in high demand
• the applicant and/or other family members have substantial assets or an ability to mitigate the costs/prejudice to access involved (for example, due to private care arrangements and/or support being available*)
• an Australia citizen sponsor would not be able to migrate to the applicant’s home country (for example, because same sex migration is not available) or
• the applicant has significant family links in Australia.
* Any available private care cannot, however, be at a level that the Australian community would find unacceptable. No person requiring care in Australia should be expected to accept a lesser standard of food, accommodation, work environment or social interaction than that which would be expected to be available to Australian residents.
Other factors to be taken into account
Section 65 delegates must consider all relevant circumstances. In the case of waivers for non-humanitarian visas, such circumstances are likely to vary widely and may include:
• significant support from family or community groups
• the potential contribution of the visa applicant and their family to Australia including skills, qualifications, English language capacity and employment prospects that may assist the applicant and any dependants once in Australia
• any other compelling or compassionate factors including the location and circumstances of the applicant and/or sponsor’s family members
• the immigration history of the applicant (and sponsor/proposer where applicable), including, for example, compliance to date with immigration requirements and any undertakings and
• any other relevant factors.
In the alternative, factors that would add weight to a waiver not being exercised include:
• the applicant, sponsor and their immediate family can reside in a 3rd country with no particular hardship (for example, they have another citizenship or they have been residing in another country for a significant period)
• a lack of family links to Australia or
• a lack of ties to Australia more generally (for example, if the applicant and sponsor have been absent from Australia for a significant period of time/majority of their life, and there is no reason why they cannot continue to reside in their current location).
(Keep in mind this is something I got from him some time ago and things could have changed a little somewhere as migration regulations change frequently. Also this is me interpreting this for you and not him... obviously if you want his advice you need to consult him. )

__________________
Original Nationality: US
Visa #1: PMV (300) through Washington, D.C
Applied: April 2013.
Visa Granted: January 2014.
Visa #2: Subclass 820 (From PMV).
Applied: End of April 2014.
Visa Granted: Early July 2014.
Visa #3: 801 (PR)
Eligibility Date: End of April 2016 (Applied a month prior).
PR Granted: Early April 2017.

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Old 01-26-2015, 06:22 AM
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Thank you very much very for the information and I'll show my partner your post. We don't mind getting an agent, but we wanted to get all the info we can before we dish out the money for the consultation. Thank you again though!


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Old 03-20-2016, 02:54 AM
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Hi MissVesper!

I am currently in a very similar situation to yours and I was wondering what the status of your situation is. Were you able to obtain a health waiver?

Thank you!


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Old 03-20-2016, 04:41 AM
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Hi guys,
My cousin has had a similar situation.
She was diagnosed with MS at a very young age, and has had a lot of health problems already. She is now 40.
She has lived in Australia for 6 years now, as her husband is on a work visa.
They applied for a PR in 2014 and were declined due to her MS.
They used a very bad agent who didn't help them through the process and didn't inform them of the correct way to do this.

Next year they can apply again, only this time they have had her husbands employer sign to confirm that they are paying any costs for her medical needs, she is insured and they will pay any other costs that arise basically.

Immigration have basically told her this is the only way due to her deteriorating health, though they have confirmed that they do accept applications from people with MS so it is worth a try.

Only major tip: USE A VERY GOOD AGENT!

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Old 03-20-2016, 05:20 AM
J&F J&F is offline
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Hopefully immigration will have some idea of the nature of RRMS and the new treatments available. I have been taking Aubagio for a while now, and although the lesions are still just humming along, I am stronger at 53 than I was 10 or 15 years ago. MS Australia or Canada may be able to provide evidence that what was MS 20 years ago is no longer the case, and particularly the Vitamin D connection is stronger in Australia than it is in Canada.

Good luck.


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