# PR application - Cancer



## Megalou (Jul 18, 2015)

Hi..

Myself, Wife and two young girls (4weeks old and 2 yrs old) came to Sydney on a 457 sponsored visa. Job going well and now 2 1/2 year after arriving need to apply for permanant residency. cmpnay will sponsor. I am sales and marketing exec.

here comes the challange - unfortunately my wife was diagnosed with breast cancer in July 14. She has had both breasts removed and been given the all clear. Very courageous and resilient lady my wife. we have a letter from surgeon stating she is rid of the desease. Op was in aug 14.

we have been advised that we will be refused a visa on health grounds. the cost to apply for family is over$13k.

my question is related to the medical - will we be refused? does anyone have any experiece of how cancer albiet 100% removed effects the application? any advice on how we can acheive residency in this wonderful country.

thanks


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## TheExpatriate (Feb 7, 2014)

First of all congratulations on your wife beating cancer. 

are you applying for ENS 186 TRT stream? If yes, even if you are liable to be refused due to cancer, there are provisions for health waiver. 

Moreover, cancer if already treated and does not require further long term expensive treatment is unlikely to cause refusal.


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## ozbound12 (Mar 23, 2012)

Unfortunately, many applicants that have been given the all clear by doctors are still liable for refusal as cancer can, in some cases, return even after successful treatments and a long period of time without any recurrence of the disease. If the projected cost of treatment is above the threshold (and the assumption is that, from DIBP's end, a recurrence is likely), the visa is likely to be refused on health grounds. You can appeal to the Migration Review Tribunal but it's likely that this would fail as well, so the only other option at that point would be a ministerial intervention where you would make an appeal to the Minister for a grant of the visa.

As someone else mentioned, ENS 186 visa applicants have the option of a health waiver where, even though the projected treatment cost exceeds the threshold, the benefits associated with your presence in Australia far outweigh the cost of treatment. These applications are usually successful but additional paperwork is required, which is why it's usually best to go through a migration agent with some experience in dealing with these matters.


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## mmauk11 (Mar 11, 2015)

Congratulations to your wife for beating cancer
I was almost in same situation while considering a dependent who had breast cancer before. But eventually, she was not included in application as she decided to remain in Singapore after getting married. 

From my research, she needs to have five years all clear in remission for immigration officer to believe that it won't recur. So there is a bit of risk. I am sorry because I know how it feels. But please make more research and see if there is any way around 
...

Good Luck


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## eagereagle (Jul 18, 2015)

Well, when I was filling the Medical forums, there was a question;

Do you have or have you had cancer in the last 5 years? Yes/No

"Last 5 years" could be a trouble in your case, unfortunately.


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## TheExpatriate (Feb 7, 2014)

eagereagle said:


> Well, when I was filling the Medical forums, there was a question;
> 
> Do you have or have you had cancer in the last 5 years? Yes/No
> 
> "Last 5 years" could be a trouble in your case, unfortunately.


a "Yes" is not an instant disqualification. It just triggers more tests/questions


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## Melissa201 (Oct 11, 2015)

Hi Megalou,

Hope all is well and you have worked towards finding a solution to your situation. Congratulations on beating cancer as a family!!

I am in a rather similar boat. My spouse has been diagnosed with CML last week and I am actually in the midst of submitting my sponsorship papers. We have to make a really tough decision this week as to whether to include his name in the application.

I am in a very big dilemma and am hoping for some ray of hope. 
I am hoping to submit my application with his name in it as well but am afraid that it may not be successful and cannot afford to risk it. Anyone have any advise on the best move to make?

Hoping to hear from someone, anyone


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## Maggie-May24 (May 19, 2015)

You must include your spouse in your application either as a migrating or non-migrating dependent, and he will need to pass the medical check in order for your visa to be approved (unless your visa subclass has provision for a health waiver). You should speak with a migration agent for assistance. George Lombard and Peter Bollard are the two agents who are typically recommended for applications that include a medical issue.


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## Melissa201 (Oct 11, 2015)

Thank you so very much Maggie-May24. Yes so I have heard that both migrating and non-migrating dependents will need to be included. I have gotten in touch with an agent and am looking into all possibilities. Thank you for the recommendations I will keep this information at hand.


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## Melodies7788 (Jan 5, 2016)

Melissa201 said:


> Hi Megalou,
> 
> Hope all is well and you have worked towards finding a solution to your situation. Congratulations on beating cancer as a family!!
> 
> ...


Hi Melissa,

Hope this msg find you well.

Can I ask how is your application? did you get your pr approve?

I am in the similar condition, I was diagnosed with Lymphoma but now I'm in recession for 5 months. I was wondering whether it's gonna affect my application.


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## Melodies7788 (Jan 5, 2016)

Hi all, 

As I'm in this thread pretty much having a concern about whether my cancer history will affect my PR application.

My situation is: 

I was diagnosed Lymphoma when I extending my previous. Now I'm remission 5 months and ready to apply PR.

So if anybody previously have the similar problem, could please kindly share the experience how did you gone through the application.

Thank you very much in advance replying me.


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## 1980 (Nov 3, 2017)

My 10 mo child diagnosed with Leukemia (ALL) on 30th August 2017 after submitting my 887 visa application on 02nd August 2017. Now the case officer is requesting for more information and of them is my child health assessment. Could anyone advise what would be the possible outcome? Any chances for Health Waiver when I've applied 887 from 489.


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## Meavin2011 (Mar 10, 2013)

Megalou said:


> Hi..
> 
> Myself, Wife and two young girls (4weeks old and 2 yrs old) came to Sydney on a 457 sponsored visa. Job going well and now 2 1/2 year after arriving need to apply for permanant residency. cmpnay will sponsor. I am sales and marketing exec.
> 
> ...


Hello Megalou

Could you please advise on the course of action you had undertaken? Did you go through any agent and what was the outcome?


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