# Disabled Migrant Changes



## Guest (Nov 1, 2012)

IMMIGRATION laws that prevented people with disabilities from migrating to Australia have been changed.

Under a new "net benefit" approach, Immigration Minister Chris Bowen said the benefits disabled migrants and their families brought to Australia would be considered against the cost of their healthcare.

“This will mean an individual's health costs can be offset by the benefit their family will bring to Australian society," Mr Bowen said.


The threshold for healthcare costs to be considered significant is increasing from $21,000 to $35,000.

Immigration Ministers Announcement

Sydney Morning Herald -win-for-disabled-migrants


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## response (Nov 6, 2012)

The decision comes nearly a year after Mr Bowen intervened to stop a blind social worker being denied permanent residency. Simran Kaur, 32, was granted residency following a two-year battle.


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## Guest (Nov 8, 2012)

And after a doctor set himself on fire after his son with downs syndrome was denied a visa. And a long public consultation that I submitted evidence to that investigated the process of migration for disabled applicants.


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## aptuck2010 (Nov 12, 2012)

quite interesting...


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## lovelyaus (Oct 29, 2012)

It's a good change....


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## Oz_ravi (Apr 18, 2013)

Hi 

I am a physically disabled with just 20% disability and looking for a PR in Oz. Currently I am preparing all my documents ready before I go for applying.

I just go around just like any normal person and never depend on any one. I am a mainframe application programmer and have good track of job record.

My question is- will my disability will make any extra process when applying for a PR?

Thanks
ravi


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## Guest (Apr 18, 2013)

Oz_ravi said:


> Hi
> 
> I am a physically disabled with just 20% disability and looking for a PR in Oz. Currently I am preparing all my documents ready before I go for applying.
> 
> ...


 It really depends on what your disability is and how much care, health care and support you would be entitled to in Australia with such.


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## Oz_ravi (Apr 18, 2013)

Thanks for you reply shel. I had a Polio attack when I was 2 years. Actually I don't need any medical assistant or any special care. Will it still be a barrier in applying for PR

:fingerscrossed:

Thanks
Ravi



_shel said:


> It really depends on what your disability is and how much care, health care and support you would be entitled to in Australia with such.


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## Guest (Apr 18, 2013)

No i dont think it will, they are concerned with conditions that require treatment that will cost Australia money and people who may end up unable to work and then be entitled to welfare for disability. 

You should be fine.


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## Oz_ravi (Apr 18, 2013)

Thank you.


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## Odala (May 29, 2013)

Oz_ravi said:


> Thanks for you reply shel. I had a Polio attack when I was 2 years. Actually I don't need any medical assistant or any special care. Will it still be a barrier in applying for PR
> 
> :fingerscrossed:
> 
> ...


Hi Ravi,
My case also same like you, but I have lodged my visa application and medicals done, 
i have some 10 percent disability right leg lower limb, but I got 457 visa two times once in 2008 & 2010 Oct both the time my medicals were cleared without any question.

yesterday my medicals link disappeared, does this mean my medicals cleared?
I'm so exited to know my medicals status... When can I expect the outcome of medicals or should I email to CO for the status

Please suggest


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## lion.heart (Jun 1, 2013)

Hello Guyz !! I have one Question... Is there any possibility to get permanent residency visa with a down syndrome child under new disability Law?? please suggest if someone have any idea about this.. Many thanks in advance!!


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## Guest (Jun 5, 2013)

With great difficulty. downs syndrom will mean eligibility for significant welfare, ongoing and extensive medical intervention, extra support and costs with schooling. 

I would consult a registered migration agent before applying, peter bollard would be a good choice.


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## lion.heart (Jun 1, 2013)

Thanks a lot Shel for your advice.. actually I have consulted one of the offshore migration agent in India about our case and she is very confident and hopeful in this regard, moreover she is saying that we can submit the written statement to diac for undertaking the extra medical cost responsibility, by parents. 
so what do you think will it work??


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## utsc (Mar 27, 2010)

*Child with autism spectrum disorder*

My friend has been working for an Australian Government Agency for the last two years in Australia. He and his family was sponsored/ by his employer for Australian permanent residency. However his application was refused because his four year old son has autism spectrum disorder. 

1) What are the options available to appeal the decision? 
2) Should he write a letter to Immigration Minister Chris Bowen explaining his situation?
3) What are the legal avenues available?
4) Are there any not-for-profit human rights advocacy groups that help victims fight this kind of inconsiderate policies 

Thank you very much for your time.


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## Guest (Jun 7, 2013)

lion.heart said:


> Thanks a lot Shel for your advice.. actually I have consulted one of the offshore migration agent in India about our case and she is very confident and hopeful in this regard, moreover she is saying that we can submit the written statement to diac for undertaking the extra medical cost responsibility, by parents.
> so what do you think will it work??


 No because there is nothing in law to enforce you to meet those costs if you make such a statement. Once you have PR you are entitled to things by the state statewhich is why they are reluctant to grant visas to the most disabled people who will need life long care.

Was the agent registered? I would get advice from a registered agent who specializes in medical issues. 

You may be ok but it depends on your child and her needs. Gather medical information and letters from consultants, the school, physio etc to include with your application. But do seek real advice first.


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## Guest (Jun 7, 2013)

utsc said:


> My friend has been working for an Australian Government Agency for the last two years in Australia. He and his family was sponsored/ by his employer for Australian permanent residency. However his application was refused because his four year old son has autism spectrum disorder.
> 
> 1) What are the options available to appeal the decision?
> 2) Should he write a letter to Immigration Minister Chris Bowen explaining his situation?
> ...


 What visa did they apply for? There would usually be the right of appeal. He needs to get a registered migration agent to appeal on his behalf and again gathering as much medical evidence as possible that can show the child needs minimal care if that is true. If it is not and the child is severely autistic with learning disabilities then they may well lose. 

There are no free services to carry out such work. You either do it yourself or pay an agent. Any free serbices support refugees and domestic violence victims only. 

There would be no point writing to the minuster as they are not citizens so he wont really help them.


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## utsc (Mar 27, 2010)

_shel said:


> What visa did they apply for? There would usually be the right of appeal. He needs to get a registered migration agent to appeal on his behalf and again gathering as much medical evidence as possible that can show the child needs minimal care if that is true. If it is not and the child is severely autistic with learning disabilities then they may well lose.
> 
> There are no free services to carry out such work. You either do it yourself or pay an agent. Any free serbices support refugees and domestic violence victims only.
> 
> There would be no point writing to the minuster as they are not citizens so he wont really help them.


Thank you for the info. I will check the visa type with my friend. I thought the minister intervened in the case of the blind social worker.


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## Guest (Jun 7, 2013)

Possibly but if he did it is likely he was approached by a friend or relative of theirs who is a citizen or PR holder.


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## utsc (Mar 27, 2010)

*Health Wavier*

Has anyone applied for Health Waiver ?

.immi.gov.au/allforms/health-requirements/health-waivers.htm

.immi.gov.au/allforms/health-requirements/skilled-hwaiver.pdf


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## Guest (Jun 8, 2013)

People apply for health waivers all the time. You can only apply if and when you fail the medical and are invited to do so by your case officer.
They are limited to those who are partners & families of citizens and those who will bring benefit to Australian people or business.

To add, if your friend is being sponsored by a company then that is helpful as they can support the application if invited as an Australian business.


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## prashanthvnath (Jan 18, 2013)

Hi,

I am an Auditor working in UAE, planning to apply for PR in Australia for me, my wife and my daughter. My daughter aged three and half, is having developmental delays, due to Seizure. Will I have any problem in getting PR? Also, can you provide some info on the special need schools in Australia and fees affordability. Will there be any grant/ subsidy be provided for kids education, once I get my PR

Regards
VPR


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## Guest (Oct 15, 2013)

Sorry to say but it will be very tough getting a visa for a child with developmental delays. As you wont know the full effect for many years Australia work on the assumption she may never be independent. That she will cost the country money in health care, specialist education, home care and welfare payments. 

As for grants that is one of the reasobs they do not like giving those with disabilities visas, because they need money from the state. 

I would consult a reputable and registered agent to help you.


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## raheel78 (Feb 28, 2011)

Hello All,

I know that none of us is an expert in such things to answer correctly. But, out of curiosity, I am spitting out a question and I hope someone (specially _shel) would answer this based on past experience.

Is delay and disorder considered to be same things with two different names in the eyes of DIAC? For example, if someone is diagnosed with some developmental disorder which has very mild spectrum and is expected to be recovered in couple of years thru normal therapy sessions. How they will treat this assessment?


Thanks.


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## Guest (Oct 22, 2013)

As a life-long condition. You do realise people do not 'recover' from and spectrum disorder? It is a life long condition that they will learn to cope with as they get older but will still always have the condition.

But how old is the person and where would this therapy be carried out? If in Australia that is the problem. Australia does not want to pay to treat migrants. Though they are more accepting if it has already been treated overseas.


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## raheel78 (Feb 28, 2011)

_shel said:


> As a life-long condition. You do realise people do not 'recover' from and spectrum disorder? It is a life long condition that they will learn to cope with as they get older but will still always have the condition.
> 
> But how old is the person and where would this therapy be carried out? If in Australia that is the problem. Australia does not want to pay to treat migrants. Though they are more accepting if it has already been treated overseas.



That person is too young, a child with 4 years of age and his therapy and normal schooling already in-progress for last one year out of Australia. The same has been mentioned in the report by analyst as well. It is PDD (pervasive dev disorder) but at very mild level and can be recovered in 1-2 years of time thru normal therapy, if conducted continuously and child be more exposed to social world.


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## raheel78 (Feb 28, 2011)

raheel78 said:


> That person is too young, a child with 4 years of age and his therapy and normal schooling already in-progress for last one year out of Australia. The same has been mentioned in the report by analyst as well. It is PDD (pervasive dev disorder) but at very mild level and can be recovered in 1-2 years of time thru normal therapy, if conducted continuously and child be more exposed to social world.



_shel,

I thought you would respond something to fill people's appetite on this chronic thing. Hope you are doing good.

thanks.


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## Guest (Oct 29, 2013)

raheel78 said:


> _shel,
> 
> I thought you would respond something to fill people's appetite on this chronic thing. Hope you are doing good.
> 
> thanks.


 I gave you my answer and what you added changes nothing in terms of migration.


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## rk_coutinho (Apr 4, 2009)

are there any specific agents who have experience in dealing with PR process for folks with disabilities


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## Guest (Nov 7, 2013)

I would recommend George Lombard or Peter Bollard to deal with the health requirement.

Both are based in Australia in registered agencies and I have seen good results from posters with health issues in the past using these agencies.


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## rk_coutinho (Apr 4, 2009)

_shel said:


> I would recommend George Lombard or Peter Bollard to deal with the health requirement.
> 
> Both are based in Australia in registered agencies and I have seen good results from posters with health issues in the past using these agencies.


Thank you Shel for your quick response


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## raheel78 (Feb 28, 2011)

Dear All,

GSM has found the medical condition of my 4 year old son unfit for the visa (due to developmental delay) and I have been invited to provide medical evidence and reports to claim that MOC report is incorrect. 

Can someone who has similar experience in past, tell me what kind of favorable reports they would be looking for? My son is studying in normal school and his therapy sessions for OT and speech are also on-going for last several months. 

Please suggest as what should I provide to make this application turned in to my favor.


Thanks.


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## Guest (Nov 29, 2013)

Does your son have a diagnosed condition other than a developmental delay? Do you have any reports from speech therapy, psychologist or consultant? If so send them also obtain a reprt from his school though that would not hold much weight as he is pre school and attending mainstream at that age is normal.


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## raheel78 (Feb 28, 2011)

_shel said:


> Does your son have a diagnosed condition other than a developmental delay? Do you have any reports from speech therapy, psychologist or consultant? If so send them also obtain a reprt from his school though that would not hold much weight as he is pre school and attending mainstream at that age is normal.


He was diagnosed with mild PDD and nothing else

Thanks _shel.


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## Guest (Nov 29, 2013)

If you do not have such reports you need to approach your childs medical professionals and request them. You can not duplicate reports for other children. DIBP keep files of applications, reports and medical evidence for everyone and would quickly see the attempted deception.


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## raheel78 (Feb 28, 2011)

_shel said:


> If you do not have such reports you need to approach your childs medical professionals and request them. You can not duplicate reports for other children. DIBP keep files of applications, reports and medical evidence for everyone and would quickly see the attempted deception.


_Shel,

I think you misunderstood me here. By any means, I have no intention to reproduce anyone else's report AS IT IS. And I have perfect sense that there is no need to do it. It is just that I am in this situation first time and as I don't want to miss this chance by messing up something with no or little knowledge, so I was asking help from people and parents on this thread including you to share a sample of OT and speech therapy detailed reports. This would help me to compare my incoming reports (due in some days) with the one's who were successfully accepted by DIAC and MOCs.

So, please don't get me wrong here. I am *REQUESTING* everyone and _shel also to consider this seriously and help me out. I eagerly need at least a report on "speech therapy" as I have no clue about that one. For OT, i think i have something which therapists will put more details to make it look better. But if I get a more professional version, at least I would have something to compare with.

Thanks in advance to all of you!


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## raheel78 (Feb 28, 2011)

raheel78 said:


> _Shel,
> 
> I think you misunderstood me here. By any means, I have no intention to reproduce anyone else's report AS IT IS. And I have perfect sense that there is no need to do it. It is just that I am in this situation first time and as I don't want to miss this chance by messing up something with no or little knowledge, so I was asking help from people and parents on this thread including you to share a sample of OT and speech therapy detailed reports. This would help me to compare my incoming reports (due in some days) with the one's who were successfully accepted by DIAC and MOCs.
> 
> ...



_Shel and All,

I have submitted the reports of my son in January to CO and she told me that he has sent the reports to MOC. Its been more than two months since her last email, do you suggest that I should follow up on this? I mean, will this be fine approach or should I wait further.

Thanks.


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## _shel (Mar 2, 2014)

You will just have to wait. They have been particularly busy of late with straight forward referrals so more complicated cases are taking time. 

What additional documents did you provide if any?


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## raheel78 (Feb 28, 2011)

_shel said:


> You will just have to wait. They have been particularly busy of late with straight forward referrals so more complicated cases are taking time.
> 
> What additional documents did you provide if any?


I provide the copies of OT, speech and behavior therapy assessment reports along with school principal report about my son's behavior and his daily routine.


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## Waitin2Exhale (Sep 1, 2012)

i wonder what happens in cases of adults with permanent physical dissabilities but are not on any medical treatments and need no assistance?


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## _shel (Mar 2, 2014)

It depends on lots of factors but mostly cost, including projected cost. Someone with a disability might be ok now but the condition may be progressive so it is known they will later need treatment or be unable to work.

Though many conditions are not, they are simply life-long disabilities or medical conditions with no or minimal cost. 

I got my visa fine having epilepsy. There will always be a cost for medication but it is not an expensive drug and I will always be able to work. 

Special schooling, welfare benefits eligibility and needing social care are things they look for too. 

Developmental disorders, Cancer before 5 years all clear, TB, HIV. Older people with conditions that they are less likely to recover from enough to work given their age and conditions where the medication or treatment is expensive even though the person can work have shown to be most getting rejections.


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## Waitin2Exhale (Sep 1, 2012)

Thank you very much Shel. I guess for 2 years i havent been able to submit my application due to fear of rejection on grounds of dissability. I think now im just gonna go ahead and submit. Will hope for the best...


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## _shel (Mar 2, 2014)

What is the disability? 

There are things you can add to your application to help you from the start.

1, letters from your GP, consultant (ifvyou have one) outlining your health, disability, treatment and future treatment. 

2, statutory declaration from you saying the same plus describing hiw it does not hold you back. That you do not need welfare, care, support etc. 

3, evidence of having been in employment, employer reference & annual tax documents. Relevant because it shows the disability does not stop you working and shouldn't in Australia.


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## Waitin2Exhale (Sep 1, 2012)

_shel said:


> What is the disability?
> 
> There are things you can add to your application to help you from the start.
> 
> ...


i have a bone deformity around the knees and that makes me walk differently. i use a walking stick to help with mobility but i dont use it when im home or i walk very short distances. im not required to take any treatments and i dont need any special care. i work and im able to drive. In short my dissability doesnt stop me from working or taking care of myself. i just walk differently..


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## _shel (Mar 2, 2014)

Waitin2Exhale said:


> i have a bone deformity around the knees and that makes me walk differently. i use a walking stick to help with mobility but i dont use it when im home or i walk very short distances. im not required to take any treatments and i dont need any special care. i work and im able to drive. In short my dissability doesnt stop me from working or taking care of myself. i just walk differently..



I dont think you have a thing to worry about. What you describe doesn't need treatment, would not attract welfare payments and you can work so go for it


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## Waitin2Exhale (Sep 1, 2012)

Thank you so much Shel. lol now i can breath again..


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## raheel78 (Feb 28, 2011)

raheel78 said:


> I provide the copies of OT, speech and behavior therapy assessment reports along with school principal report about my son's behavior and his daily routine.


_Shel,

My application is refused finally! They said that decision can be reviewed but sponsoring state has to request for it. When I ask victoria to request review, they simply refused by saying that victorian government policies are restricting SMP office to get into visa related matters! It seems, all my efforts and wait has gone in vain and it seems I was stupid enough to park some hopes on it...!! 

Not sure what to do now??!


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