# Autism and Visa's



## MrsB84 (Jun 25, 2014)

Hello all,
My husband has a job opportunity in Sydney but we've been informed we may be declined for visa's because our 5 year old has Autism. Apparently this has happened in the past! 
Does anyone have any first hand experience of this?
Does anyone know of a UK based lawyer/solicitor who has experience of this and could advise us?
My son has no medical needs, no more than any other child anyway. We have two other children and my husband would be earning in the higher paying tax bracket, if that helps at all!

Thank you


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## andreyx108b (Mar 15, 2015)

MrsB84 said:


> Hello all, My husband has a job opportunity in Sydney but we've been informed we may be declined for visa's because our 5 year old has Autism. Apparently this has happened in the past!  Does anyone have any first hand experience of this? Does anyone know of a UK based lawyer/solicitor who has experience of this and could advise us? My son has no medical needs, no more than any other child anyway. We have two other children and my husband would be earning in the higher paying tax bracket, if that helps at all! Thank you


I would suggest you to talk to a mara registered agent - i can recommend one from Melbourne, he works mostly with clients from the UK and he has over 15 years experience.

I cant see problems in your case to be honest, but it is better to have a consultation with an agent.


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## ozbound12 (Mar 23, 2012)

Depends on the severity of his autism. It can be an issue. If you are applying directly for a permanent visa like a 189 or 190, the chances of acceptance are slim. However, if you are applying for a 457 and his medical costs fall within the threshold (higher than for PR visas), there is a chance of acceptance. But getting PR down the road (if that is your intent) may be difficult unless your husband's company is willing to sponsor for PR and you get a health waiver.

I don't see how a UK lawyer would have any experience with Australian visas unless they are a registered migration agent for Australia as well. George Lombard is a migration agent based in Sydney (I think) who handles a lot of these types of cases, you may wish to get in touch with him for an assessment of your chances.


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## MrsB84 (Jun 25, 2014)

Thank you. 

His Autism is moderate, he doesn't have any other health issues commonly associated with Autism, he doesn't need medication, he attends a mainstream (government) school in the UK. He is in the receipt of disability benefit but we would not expect this in Aus. He would need more support in school, that's all. 

Thanks for those details.


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## Scattley (Jul 30, 2012)

MrsB84 said:


> Thank you.
> 
> His Autism is moderate, he doesn't have any other health issues commonly associated with Autism, he doesn't need medication, he attends a mainstream (government) school in the UK. He is in the receipt of disability benefit but we would not expect this in Aus. *He would need more support in school*, that's all.
> 
> Thanks for those details.


That is the issue. If that support is going to cost more than a set amount (I think It is 30k) over 5 years the visa will be denied. School support in Australia is nothing like what you get in the UK...much less than you are expected and costs more. If he needs one on one support than that would cost over 50k a year so no visa.


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## Maggie-May24 (May 19, 2015)

I know of someone whose visa was refused due to his child's Aspergers, so yes Autism can definitely be an issue. As posted above, George Lombard is the agent most frequently recommended when there's a medical condition to be addressed.


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## MrsB84 (Jun 25, 2014)

Thank you.
It's not looking good then. I don't think my husbands company would want to wait or pay for us to get these issues sorted, they wanted someone over there as soon as possible. Massively disappointing for us all but I'm preparing for the worst. 
We will seek advice this week but I won't get my hopes up.


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## kaju (Oct 31, 2011)

MrsB84 said:


> Thank you.
> 
> His Autism is moderate, he doesn't have any other health issues commonly associated with Autism, he doesn't need medication, he attends a mainstream (government) school in the UK. He is in the receipt of disability benefit but we would not expect this in Aus. He would need more support in school, that's all.
> 
> Thanks for those details.


Speaking as a parent of an extremely autistic child, it's not just school. Whether you applied for it or not, as a Permanent Resident, if your child requires constant care, you'd be eligible for Carer Allowance, Carer Supplement, and the Child Disability payment. (These are not means-tested, and you would be deemed to be eligible for them.).

Aides for primary school are provided on a needs basis, whether full or part-time, but can be hard to get sometimes in reality.

The threshold for costs is $35.000 over the first five years of permanent residency.

cheers
kaju


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## ozbound12 (Mar 23, 2012)

kaju said:


> Speaking as a parent of an extremely autistic child, it's not just school. Whether you applied for it or not, as a Permanent Resident, if your child requires constant care, you'd be eligible for Carer Allowance, Carer Supplement, and the Child Disability payment. (These are not means-tested, and you would be deemed to be eligible for them.).
> 
> Aides for primary school are provided on a needs basis, whether full or part-time, but can be hard to get sometimes in reality.
> 
> ...


Unless they apply via ENS and get a health waiver, in which case the threshold does not apply.


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## kaju (Oct 31, 2011)

ozbound12 said:


> Unless they apply via ENS and get a health waiver, in which case the threshold does not apply.


Indeed - even then, getting a health waiver would not be a given - the only way to know the result would be to apply and test your eligibility.


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