Disabled Son

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Disabled Son


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Old 07-11-2016, 11:41 AM
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Disabled Son

Has anybody ever immigrated to Australia with a teenage child with disabilities? I have a son who is 15 and has Down's syndrome and I am thinking of immigrating with my wife and 3 boys but want to know if it is possible. I will hopefully be travelling on Visa 457 sponsored through an employer or skilled migrant working visa. Any information is much appreciated.

Danny


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Old 07-11-2016, 01:06 PM
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For subclass 457, there is no health criteria (4005) for the secondary applicant. But for 189, it does. that means the secondary applicant needs to take health examination and must not be assessed as having a condition that is likely to result in a significant cost to the Australian community in the areas of health care and community services.

Please read this case, I hope it may helps:

Jahani, Soroush [2001] MRTA 439 (5 February 2001)

11. On 07 November 1997, a Medical Officer of the Commonwealth found that the visa applicant did not meet item 4005 (c)(i). The Medical Officer stated that:

This 10 year old male has Down's Syndrome who requires ongoing assisted schooling and speech therapy. He will also be eligible for income support in the future. This will be at a cost to the Australian community.

12. On 30 July 1999 the Review Applicant sought a further medical opinion from a Review Medical Officer of the Commonwealth.

13. On 29 February 2000, a Review Medical Officer of the Commonwealth found that the visa applicant did not meet the prescribed health criteria. The Review Medical Officer stated that:

The applicant is a person who has a disease or condition that during the applicant's proposed period of stay in Australia, would be likely to result in a significant cost to the Australian community in areas of health care or community service.

My reasons are as follows:

Valentino Imani has mild intellectual disability (IQ in the 50-69 range) due to Downs Syndrome with no behavioural problems but difficulties with communication. As a result he would meet the medical eligibility criteria for the Disability Support Pension and be eligible to access Commonwealth government long term income support for all or most of his adult life. In fact persons with Downs Syndrome (between 16 and 65 years of age) are declared manifestly eligible for the Disability Support Pension by Centrelink ie it is automatic without the need for further assessment.

Best wishes


Last edited by yarra; 07-11-2016 at 01:35 PM.

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Old 07-12-2016, 06:17 AM
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As mentioned previously, you need expert advice on this as it is beyond the forum.

I will comment on 457 sponsored visas though.

First, this is a temporary visa and there is no automatic path to permanent and while some do become permanent - I was one - many do not. Also, it has many pitfalls. First, it is tied to the employer, so if you were to lose your job for any reason, you would have 90 days to find another sponsor or leave the country - note, many companies can not sponsor even if they want to.

Next, there can be issues with schooling as a number of states charge temporary visa holders thousands per year for education.

The partners of holders can also have issues finding work.

You would not be entitled to any state assistance or federal assistance.


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