# Spouse medical not met due to Hepatitis B



## ashgup (Feb 10, 2016)

Dear Friends,

I just received a mail yesterday from my case officer that, my wife medical is not met as she is having chronic Hepatitis B. We were aware of this as she has Prenatally transmitted HBV Infection (passed on to her at birth from mother) and is advised by doctors to keep monitoring the Lever status once every 6 months. 

We discovered this medical condition in her only during one similar medical requirement for Kuwait residency in beginning of 2013 and until then we were unaware of her being a Hep B carrier. She was not having any problems or medical issues and infact after we got to know this until now also she doesn't have any problems. 

Once we came to know about her Hep B infection in March 2013, we started consulting a very competent Lever Institute (ILBS) in New Delhi, India and my wife was advised to have a medicine named Reviro which was primarily to be taken to prevent this infection to be passed on to our child while we were planning to have a baby. She continued having this medicine and with god's blessings our son was born in 2014 free from Hep B. So apart from this, she is normal and require no medicine or treatment as the virus is silent/inactive state in her body.

I started my Australian PR application in 2015 and went through all the steps. During the medical declarations, we mentioned about her Hep B condition and gave all the historical reports. Post medical she was advised to go further detailed tests and we submitted all the results well within time to the MOC. The specialist also provided a summary stating that my wife has Prenatally Transmitted HBV Infection which is currently in the inactive HBeAg negative phase with anti-HBe antibody positive. She has no infectivity and is fit for any kind of work.

I have applied for Sub Class 189 and really working hard since more that a year for this.

I seek advice from people who have had such condition and managed to get the VISA grant.

Kind regards


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## Maggie-May24 (May 19, 2015)

Has your CO asked you to provide other information? Or have they simply advised you that your wife hasn't met the health requirement? Typically if someone doesn't meet the health requirement, the visa is refused. So I'm not clear what the status of your application is.


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## krish4aus (Jun 22, 2015)

I'm not sure of your first statement, has your Visa been rejected? I have read in the forum that people have managed to get the visa grant with similar condition. 

Also my understanding was 'that applicant with Hep B cannot be part of occupation related to medicine i.e nurse,etc' 

So it looks strange that after all the due consideration provided by the doctor that your CO has not accepted it. Has he/she asked you to submit any other details. If they have just asked you for health undertaking forum then it should be fine and there is no need to panic.


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## ashgup (Feb 10, 2016)

Hi Maggie,

Thanks for your reply. Given below is the extract from the letter received :-

" Invitation to comment on information for a Skilled - Independent (subclass 189) visa"
Adverse information received The department has conducted checks to confirm the information that you provided in your application. During this process we have received unfavourable information which does not support your application.
The results of the medical examination for XXXXXXXX XXXXXXX
has been evaluated by a Medical Officer of the Commonwealth (MOC) and has been
assessed as not meeting the health requirement for the grant of Skilled Independent
(Permanent) (class SI) Skilled - Independent (subclass 189) visa.
A copy of the report by the Medical Officer of the Commonwealth (MOC) which explains the reason for the finding is attached. You are entitled to comment on the report by the MOC, and you may provide supporting evidence for a claim that the report is incorrect. Any comments or evidence you provide will be considered in making a decision on your application. Please note that only evidence of a medical nature such as specialist's reports will be sent to the MOC for consideration.
Time-frame for response You must respond to this invitation to comment within 28 days after you are taken to have received this letter. You should provide your response in writing.

Given below is the opinion of the medical officer :-

The applicant has been assessed against Public Interest Criterion (PIC) 4005 [see attached extract] for the period of a permanent stay in Australia. The applicant does not satisfy sub-subparagraph PIC 4005(1)(c)(ii)(A) in Schedule 4 to the Migration
Regulations. 
The applicant is a 31 year old person with:
- Asymptomatic chronic viral Hepatitis B.
Form and severity of the applicant's condition: the applicant has antiviral controlled, asymptomatic Hepatitis B viral infection as indicated by normal liver function tests. Provision of services to a hypothetical person in Australia with the same condition as the applicant and at the same severity:
a hypothetical person in Australia with the same condition as the applicant, of the same severity, would likely require long term specialist health care services, including but not limited to antiviral pharmaceuticals, regular medical review and diagnostics. This condition is likely to be Permanent.

I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified above.
These services would be likely to include:
Pharmaceuticals
Medical services
Provision of these health care and/or community services would be likely to result in a significant cost to the Australian community in the areas of health care and/or community services.

I have seen people with similar case in this forum have managed to get through medical. Any advice would be really helpful. 

Best Regards.



Maggie-May24 said:


> Has your CO asked you to provide other information? Or have they simply advised you that your wife hasn't met the health requirement? Typically if someone doesn't meet the health requirement, the visa is refused. So I'm not clear what the status of your application is.


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## ashgup (Feb 10, 2016)

Dear Krish,

Thanks for your reply. No my VISA has not yet been rejected. My wife is not the main applicant but we have provided all her job details and she is surely not in any occupation related to medicine i.e nurse etc. Also my CO has not yet asked for any health undertaking form to be signed. 

Given below is the extract from the letter received :-

" Invitation to comment on information for a Skilled - Independent (subclass 189) visa"
Adverse information received The department has conducted checks to confirm the information that you provided in your application. During this process we have received unfavourable information which does not support your application.
The results of the medical examination for XXXXXXXX XXXXXXX
has been evaluated by a Medical Officer of the Commonwealth (MOC) and has been
assessed as not meeting the health requirement for the grant of Skilled Independent
(Permanent) (class SI) Skilled - Independent (subclass 189) visa.
A copy of the report by the Medical Officer of the Commonwealth (MOC) which explains the reason for the finding is attached. You are entitled to comment on the report by the MOC, and you may provide supporting evidence for a claim that the report is incorrect. Any comments or evidence you provide will be considered in making a decision on your application. Please note that only evidence of a medical nature such as specialist's reports will be sent to the MOC for consideration.
Time-frame for response You must respond to this invitation to comment within 28 days after you are taken to have received this letter. You should provide your response in writing.

Given below is the opinion of the medical officer :-

The applicant has been assessed against Public Interest Criterion (PIC) 4005 [see attached extract] for the period of a permanent stay in Australia. The applicant does not satisfy sub-subparagraph PIC 4005(1)(c)(ii)(A) in Schedule 4 to the Migration
Regulations. 
The applicant is a 31 year old person with:
- Asymptomatic chronic viral Hepatitis B.
Form and severity of the applicant's condition: the applicant has antiviral controlled, asymptomatic Hepatitis B viral infection as indicated by normal liver function tests. Provision of services to a hypothetical person in Australia with the same condition as the applicant and at the same severity:
a hypothetical person in Australia with the same condition as the applicant, of the same severity, would likely require long term specialist health care services, including but not limited to antiviral pharmaceuticals, regular medical review and diagnostics. This condition is likely to be Permanent.

I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified above.
These services would be likely to include:
Pharmaceuticals
Medical services
Provision of these health care and/or community services would be likely to result in a significant cost to the Australian community in the areas of health care and/or community services.

I have seen people with similar case in this forum have managed to get through medical. Any advice would be really helpful. 

Thanks & BR///

Best Regards.




krish4aus said:


> I'm not sure of your first statement, has your Visa been rejected? I have read in the forum that people have managed to get the visa grant with similar condition.
> 
> Also my understanding was 'that applicant with Hep B cannot be part of occupation related to medicine i.e nurse,etc'
> 
> So it looks strange that after all the due consideration provided by the doctor that your CO has not accepted it. Has he/she asked you to submit any other details. If they have just asked you for health undertaking forum then it should be fine and there is no need to panic.


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## krish4aus (Jun 22, 2015)

sorry to hear that but with just this condition I don't see a case for rejection but if you read the forum you will find conditions that are worst than this.

May be try to speak to the specialist to understand if he/she has worked on similar case in the past. Also try connecting to the expat forum folks to better understand how they proceeded with the condition.

I wish this is just an obstacle pertaining you from reaching higher goals. Good luck.


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## Maggie-May24 (May 19, 2015)

They are giving you 28 days to comment before they refuse your application due to your wife failing the health requirement. If I were you, I'd immediately consult with a specialist migration agent - George Lombard and Peter Bollard are the two most frequently recommended for dealing with health-related issues.


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## dave85 (Sep 8, 2015)

Contact a registered migration agent that deals with these type of cases ASAP. If you comment/reply to the CO on your own (without any new medical specialist report), it is likely a visa refusal.


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## itsme16may (Sep 2, 2016)

HI All
I applied for PR under subclass 189 and got 70 point.
My son is 6 yrs old and has mild development issues, he still is unable to speak and is hyperactive. He has been diagnosed on spectrum.
He was analysed in Max by a psycholigist and she asked us a lot of question regarding his day to day activities, that we answered truthfully.

Now I recd a message from Immigration that says:

Invitation to comment on information for a Skilled - Independent (subclass 189) visa

Adverse information received 

The letter confirms that "my son has been has been evaluated by a Medical Officer of the Commonwealth (MOC) and has been assessed as not meeting the health requirement for the grant of Skilled Independent (Permanent) (class SI) Skilled - Independent (subclass 189) visa."

The Medical Person Report says:
'The applicant has been assessed against Public Interest Criterion (PIC) 4005 [see attached extract] for the period of a permanent stay in Australia.

The applicant does not satisfy sub-subparagraph PIC 4005(1)(c)(ii)(A) in Schedule 4 to the Migration Regulations.

The applicant is a 6 year old person with:

- Mild developmental delay.

..Form and Severity of the applicant's condition: The applicant is a child with mild developmental delay, from an unknown cause, and requires services to improve communication, cognition and social skills. Provision of services to a hypothetical person with the applicant's condition: A hypothetical person with this condition at the same severity as the applicant, would be likely to be to require community services, in the form of special education and disability support. This condition is likely to be Stable..

I consider that a hypothetical person with this disease or condition, at the same severity as the applicant, would be likely to require health care or community services during the period specified above.

These services would be likely to include:

Special education services

Commonwealth disability services

State disability services

Provision of these health care and/or community services would be likely to result in a significant cost to the Australian community in the areas of health care and/or community services."

I am getting my son treated from an Institute in US and he is improving considerably, he has started to develop speech, behaves properly in social situations, is able to do most of hist daily chores himself. He understand english vocabulary and indicates to us through facilitated communication all his needs. He follows commands.

The doc who evaluated him has suggested that I should submit a reply to immigration official and attach a copy of the assessment report which has is given to us by the US institute and alongwith that attach a undertaking saying that I will be bearing all the medical expenses of my son.
Now my question is:
1. What are th chances that our PR will be processed?
2. WIll my undertaking prove detrimental in future , if the PR is granted?

Please also suggest how can I get on touch with George Lombard and Peter Bollard, do they charge even before assessing the case, what are th charges etc.?

All help apreciated


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## scb10 (Feb 6, 2017)

Dear ashgup,

Greetings! I have been researching about Australia PR visa applications with Hepatitis B cases and I came upon your post here in Expat Forum. I know this post is from last year, but I would just like to inquire regarding the outcome of your spouse's visa? Did you guys submit a sort of appeal and was she given a PR visa in the end? 

I am inquiring because I have the same health condition as your spouse... I have chronic Hepatitis B but I have normal liver function tests (normal ultrasound, no sign of liver damage). I am in the immune-tolerant phase, as my hepatologist would say. My husband and I are planning to apply for Australian PR visa and I am quite worried that my visa may be rejected due to my health condition.

I hope you can share the outcome of your spouse's visa application, if it's alright. Thank you so much in advance!


Regards,
Sar






ashgup said:


> Dear Krish,
> 
> Thanks for your reply. No my VISA has not yet been rejected. My wife is not the main applicant but we have provided all her job details and she is surely not in any occupation related to medicine i.e nurse etc. Also my CO has not yet asked for any health undertaking form to be signed.
> 
> ...


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## Nav chahal (Feb 3, 2017)

How much time they take after hepatitis test ?


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## Nav chahal (Feb 3, 2017)

*Hepatitis test result*



ashgup said:


> Dear Friends,
> 
> I just received a mail yesterday from my case officer that, my wife medical is not met as she is having chronic Hepatitis B. We were aware of this as she has Prenatally transmitted HBV Infection (passed on to her at birth from mother) and is advised by doctors to keep monitoring the Lever status once every 6 months.
> 
> ...


Hey...can you pls tell me after how many days you get to k ow the result of hepatitis ..I'm done with this test 3 week ago n haven't heard anything yet.have you got any idea ??


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## Beatrice27 (Jul 7, 2017)

ashgup said:


> Dear Friends,
> 
> I just received a mail yesterday from my case officer that, my wife medical is not met as she is having chronic Hepatitis B. We were aware of this as she has Prenatally transmitted HBV Infection (passed on to her at birth from mother) and is advised by doctors to keep monitoring the Lever status once every 6 months.
> 
> ...


Hello! My husband is in the same position and we just received an e-mail from the australian goverment that he does not meet the health requirements and they invited us to comment on this or to bring arguments, but we really don't know what to say. We already gave them all the test results and medical letter that says he doesn't need treatment. We already paid the visa and we didn't expect to receive this response, expecially because he will not work in the medical field, he applied for the skilled visa as a System Administrator. What was the outcome for you? Can you please give us some advice?

Thank you,
Gina


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## tonhudung (Nov 6, 2017)

Hi, do you have any outcome yet? My spouse is Hep B positive too and the medical status is currently "Examinations assessed but further information required"

Likely we will also receive the similar email from CO as above in the future? Can you let me know the outcome of your visa application please?


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## krishvk (Apr 29, 2018)

tonhudung said:


> Hi, do you have any outcome yet? My spouse is Hep B positive too and the medical status is currently "Examinations assessed but further information required"
> 
> Likely we will also receive the similar email from CO as above in the future? Can you let me know the outcome of your visa application please?


Hi, Did you got your visa granted? Could you kindly give an update? My wife has also asymptomatic hepatitis B and we are about to submit our application.

Thanks
Krish.


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## sunnysky999 (Sep 25, 2018)

tonhudung said:


> Hi, do you have any outcome yet? My spouse is Hep B positive too and the medical status is currently "Examinations assessed but further information required"
> 
> Likely we will also receive the similar email from CO as above in the future? Can you let me know the outcome of your visa application please?


May I know how did you get the situation cleared and get the visa granted? Thanks!


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## sunnysky999 (Sep 25, 2018)

Beatrice27 said:


> Hello! My husband is in the same position and we just received an e-mail from the australian goverment that he does not meet the health requirements and they invited us to comment on this or to bring arguments, but we really don't know what to say. We already gave them all the test results and medical letter that says he doesn't need treatment. We already paid the visa and we didn't expect to receive this response, expecially because he will not work in the medical field, he applied for the skilled visa as a System Administrator. What was the outcome for you? Can you please give us some advice?
> 
> Thank you,
> Gina


Hi Gina, what is the progress? Have you got your visa granted?


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## tonhudung (Nov 6, 2017)

Sorry, I didn't check this forum lately. For the people who asked above, some asked even back in April so I guess it is a bit late now.

In my case, DIBP asked my wife to take an additional test for "DNA Viral Load". The test indicates viral load below 200 IU/ml which is undetectable level so medical was cleared. 

We were granted PR a couple of days later on 21/Apr


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## sunnysky999 (Sep 25, 2018)

tonhudung said:


> Sorry, I didn't check this forum lately. For the people who asked above, some asked even back in April so I guess it is a bit late now.
> 
> In my case, DIBP asked my wife to take an additional test for "DNA Viral Load". The test indicates viral load below 200 IU/ml which is undetectable level so medical was cleared.
> 
> We were granted PR a couple of days later on 21/Apr


Thanks a lot for your reply tonhudung，did you declare the HBV before the medical examination? How long you got the requirement to check the HBV DNA after the medical examination?


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## tonhudung (Nov 6, 2017)

sunnysky999 said:


> Thanks a lot for your reply tonhudung，did you declare the HBV before the medical examination? How long you got the requirement to check the HBV DNA after the medical examination?


Yup, I declared my wife HBV positive. I think we got the request to check HBV DNA just 2-3 days after the normal medical appointment, because the normal medical exam will confirm that the client is HBV positive but without DNA viral load check.
One thing to note is that because I declared my wife HBV positive, that's why the request to check for HBV is included in the first place. If I didn't declare, maybe my wife wouldn't have to check for HBV. I didn't want to take any risk for my application so I still declared anyway.


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