Subclass 461 - Health Insurance issue

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Subclass 461 - Health Insurance issue


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Old 08-12-2014, 01:36 AM
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Subclass 461 - Health Insurance issue

Hi,

i missed 1 and half year of health insurance for my subclass 461 visa.

now its time for my visa re-newel.

will there be any problem with the re-newel ?

thank you

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Old 08-12-2014, 03:23 AM
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Hi,

There could be a problem with your renewal if the Department knows that you haven't held health insurance for one and a half years. Your visa is probably subject to condition 8501. This requires you to hold health insurance.

Time of decision Regulation 461.225 states that:

"If the application is made in Australia, the applicant has complied substantially with the conditions that apply or applied to the last of any substantive visas held by the applicant, and to any subsequent bridging visa."

It then gets down to the question of "What does Substantial Compliance" mean. There have been numerous court cases that have discussed this point. I suggest you read some of these cases and see what the outcomes were.

Regards

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Old 08-12-2014, 03:37 AM
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Thank you Hooper.

Whats the way for me to go about this?

i just rechecked my health insurance its actually just 1 year that missed due to miscommunication with my partner

thank you


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Old 08-12-2014, 04:24 AM
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There are a three things you can do.

(1) You can apply from outside Australia, then 461.225 doesn't apply. Problem might be the time it will take to process the visa and you won't have a bridging visa.

(2) Ignore it and hope that you case officer doesn't check. This probably a good chance that they wont as they are under resourced.

(3) Address the issue in your submission with you application, and hope that they consider that you have Substantially Complied with the Condition 8501.

The third action is probably the best. The fact that you have held insurance for 4 out of 5 years would likely be considered as substantial compliance. I am sure a Migration Agent could find some mitigating circumstances as well.

If the visa was refused for that reason then you still have access to the Migration Review Tribunal where you could appeal the decision.

What ever you do, don't lie about it to the Department. One off the visa criteria is that public interest criteria 4020 applies. This means that if you provide false information considered a material particular then you would incur a 3 year bar on being granted another visa in Australia.

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Old 08-12-2014, 04:53 AM
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Hi Hooper,

You been a great help to me. Seriously, i looked around for answers but couldn't get any thing.

Information that you gave is straight to the point. Thank you very much.

One last thing - If i apply for this visa ( renewel ) from overseas, there wont be any issue with the health insurance issue right?

i dont need to worry about this health insurance thing?

Last time i applied for this visa from Auckland, i got it within 2 weeks. So dont mind going back there again and apply for it.

Thank you.

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Old 08-12-2014, 08:14 AM
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You will not need to worry about not holding Health Insurance if you apply in NZ. That regulation only applies if you lodge in Australia. However, you will have to show that you have current health insurance when you apply in NZ

The information I gave you is really only available to Migration Agents as we have to have access to a copy of the Regulations.

Regards

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Old 08-12-2014, 08:19 AM
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Thank you.

yes i do have current health insurance with IMAN.

Or, if i choose to apply within australia, will it make any difference by going through an immigration lawyer?

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Old 08-12-2014, 09:07 AM
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An interesting question. I have reviewed Form 147 (your application form). There is one question asking if you currently hold health insurance, and dates you are covered. If you filled that out and stated the dates you are covered on your current policy you would be fine. There is no question about whether you have held health insurance for the whole time during your current visa.

There is also a document check list, and there is no requirement to include evidence of your health insurance.

So you could fill out and submit that form without any incorrect information. If you were later asked by the case officer for evidence of you previous cover, then you would provide evidence and tell them about the mission year. Then it would get down to substantial compliance.

I would suggest if your case officer were to ask for evidence of your previous health insurance then it would be wise to engage a Registered Migration Agent to assist you with the submission, so that all the issues could be addressed in an appropriate manner.

So I would recommend lodging it by yourself and see what happens. If you need to explain the gap then talk to a Migration Agent. I am in Perth and would be able to handle that for you.

Regards

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http://4australianvisas.com

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Old 08-13-2014, 12:37 AM
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Thank you Hooper. I will lodge it myself and if any issue comes up i'll contact you.

Thank you very much for your help.


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