Health Waiver and Financial Position

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Health Waiver and Financial Position


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Old 05-26-2014, 01:04 PM
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Health Waiver and Financial Position

Applied for 820/801 back in August 2013, and disclosed that I have HIV, and applied for a health waiver. I was granted one for my student visa, so was reasonably confident it would go through.

Received word today from case officer (holy crap, she actually exists!) asking for updated information on my and my partner's "current financial position in support of your health waiver."

This seems... well, odd, as I know of a court decision that health waivers are assessed regardless of financial position. I also thought they had done away with health undertakings, which required sponsors to guarantee they would pay for their partner's health care for a certain period.

CO has asked for copies of our current CVs; copies of recent payslips or employment contracts; evidence of all assets and liabilities; evidence of any other financial support available to me other than from my partner; and any other information I feel is relevant.

I've just sent everything off, but I'm curious: has anyone else has experienced anything like this? I'd appreciate any info...

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820/801 Partner Visa
Applied: 29 August 2013
Medical/Police Checks: 29 August 2013
CO Assigned: 13 March 2014
Visa Granted: 801 Visa - 11 July 2014!

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Old 05-26-2014, 01:38 PM
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Oh John - You really should have gotten a migration agent involved right away - one who specializes in health issues. The health criteria for a permanent visa are much, much more stringent than for a temporary visa because of your potential cost to the system over time. They can and do deny Health Waivers for people with HIV all the time, and then the visa applications that go along with them. If I were you I'd get an agent involved right this second - I'd suggest George Lombard or Peter Bollard as both are excellent at dealing with difficult health cases.

By the way, for Health Waivers for permanent visas, they absolutely do take all of that kind of thing into account. It's very, very different than a temporary visa. All of the things your CO is asking for (and much more) should have been sent when you applied for the waiver in the first place... enough evidence to build a really solid case for it. You're lucky she's giving you a chance to provide it now.

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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 05-26-2014, 01:42 PM
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Here's a copy-and-paste from DIBP Health Waiver instructions I did a while back. It details all the things they're supposed to take into account for a Health Waiver application. Ideally your application for the waiver would have built a case around as many of these factors as possible. http://www.australiaforum.com/visas-...tml#post214121

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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 05-26-2014, 01:45 PM
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Oh, and because I haven't already dropped enough bad news in your lap... >.< .... you should be aware that Health Waivers, depending on the complexity of the case, can take 6-12 months to be processed, and that's of course in addition to the normal processing time of your visa.

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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 05-26-2014, 01:53 PM
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Thanks for all the information, CollegeGirl. I actually do have a migration agent, Karyn Anderson of Clothier Anderson. She helped me with my Work and Holiday, and Student visas. The correspondence from my CO was actually sent via Karyn.

I actually did an enormous amount of work on the health waiver up front. I study law at Melbourne Uni, and have some pretty good resources available to me. With Karyn's help we were able to craft a waiver request that hit all the points from the DIBP health waiver document and then some. We also provided heaps of evidence in support, including all the documents they're now asking for again. Sorry for not mentioning all this in my original post.

What I find very unusual is the request for more information when less than a year has passed. I can't tell if this bodes well or not.

Also, DIBP seem pretty cool with HIV now. I personally know three people with HIV who applied for the 820/801 visa and were approved without trouble (and in FAR less time).

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From Colorado, USA
820/801 Partner Visa
Applied: 29 August 2013
Medical/Police Checks: 29 August 2013
CO Assigned: 13 March 2014
Visa Granted: 801 Visa - 11 July 2014!

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Old 05-26-2014, 01:59 PM
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Whew, that is a huge relief! I was really worried for you for a second there as it sounded like you had no idea that your financial capability could/would figure into a Health Waiver request. Yes, I understand that DIBP is letting more HIV cases through, but that's with solidly-built cases (at least that's my understanding), and if someone had HIV and had not prepared for the Health Waiver application, it could have been bad news indeed.

I wouldn't count on finding other people who have been through this here - there's been maybe a handful who have had to go through the waiver process over the 18+ months I've been hanging out here. Doesn't happen very often.

__________________
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 05-26-2014, 02:07 PM
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Haha! Sorry! Hope I didn't make you panic. No, I had to go through the health waiver process for my student visa. Initially they rejected my visa (much to my and my migration agent's shock) on that basis, but I was able to change their mind during the comment period. I became VERY well acquainted with the waiver process, and the costings they undertake.

I didn't realise the health waiver was all that rare, though! Makes me feel special that I get to go through it twice.

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Originally Posted by CollegeGirl View Post
Whew, that is a huge relief! I was really worried for you for a second there as it sounded like you had no idea that your financial capability could/would figure into a Health Waiver request. Yes, I understand that DIBP is letting more HIV cases through, but that's with solidly-built cases (at least that's my understanding), and if someone had HIV and had not prepared for the Health Waiver application, it could have been bad news indeed.

I wouldn't count on finding other people who have been through this here - there's been maybe a handful who have had to go through the waiver process over the 18+ months I've been hanging out here. Doesn't happen very often.

__________________
From Colorado, USA
820/801 Partner Visa
Applied: 29 August 2013
Medical/Police Checks: 29 August 2013
CO Assigned: 13 March 2014
Visa Granted: 801 Visa - 11 July 2014!

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Old 05-27-2014, 12:40 AM
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Yeah, you only have to go through the process if they anticipate the cost of your medical care will be $35,000 or more over a five-year period. Generally it's conditions like HIV, cancer, kidney failure, or permanent mental/physical disabilities that have to go through it. I was anticipating having to go through it myself as I have a rare autoimmune disorder and a few other simple chronic issues, but I got George Lombard involved, and got a lot of specialists to write letters for me explaining why the cost of my treatment wouldn't be as high as they might predict, and I got through without going through the waiver process. That's why I'm so hoping they'll grant my 820 soon, so that there's no chance I have to do a medical again and risk going through the waiver process again this time. Not that anything's changed with my health, but I don't have specialists who have treated me a long time here the way I did back in the US.

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__________________
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 05-28-2014, 04:10 AM
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Ugh, I know what you mean! I'm so glad I'll never have to deal with the tedium of a health waiver after this (hopefully). I'm glad to hear the limit is $35000 over five years. I thought it was $20000! I did much the same thing: looked at how they were assessing my condition, and explained that "the hypothetical person in my exact situation" wouldn't cost as much money as they thought. That's how I got through with the student visa, and hoping it'll work for PR as well. Out of curiosity, where does it say $35,000 is the limit?

CollegeGirl likes this.
__________________
From Colorado, USA
820/801 Partner Visa
Applied: 29 August 2013
Medical/Police Checks: 29 August 2013
CO Assigned: 13 March 2014
Visa Granted: 801 Visa - 11 July 2014!

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Old 05-28-2014, 04:49 AM
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You can google it - it was in the news a few years ago when they upped it from 20 to 35. I'd do it for you but I'm out and about on my phone at the moment.

__________________
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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