# HIV positive chance of applying to 189



## NomadWinterRaven (Jul 28, 2013)

Hello,

In the 1st of july 2013 i was exposed to hiv, i tested today and i'm positive.
I also received an invite to lodge a visa application (189 skilled) as a 
Software Engineer 261313

if i apply,i know that DIAC will not reject right away, they will check my status and estimate the cost of me burdening their health system.


should i try my luck and apply anyway? i think its a very slim chance, and im betting 3060 AUS dollars which is a lot.

if i do roll the dice and-most likely-get my visa refused, can i get the visa fees back?

thank you for your time and god bless


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## ozbound12 (Mar 23, 2012)

NomadWinterRaven said:


> Hello,
> 
> In the 1st of july 2013 i was exposed to hiv, i tested today and i'm positive.
> I also received an invite to lodge a visa application (189 skilled) as a
> ...


Unfortunately, most applicants that test positive for HIV automatically fail the health requirement because of the cost to the public health card system but you may be able to apply for a waiver in some circumstances. You might want to get in touch with a migration agent who specializes in these sorts of cases. If it can be proven that your condition will not impose an undue burden on the health care system, you may qualify for a waiver of the requirement but you would likely need the guidance of a professional who is familiar with the process to guide you appropriately. Good luck.


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## tenten (Aug 12, 2012)

NomadWinterRaven said:


> Hello,
> 
> In the 1st of july 2013 i was exposed to hiv, i tested today and i'm positive.
> I also received an invite to lodge a visa application (189 skilled) as a
> ...


I would also say get in touch with a migration agent who has experience in such cases. In theory, HIV infection is not grounds for *automatic* visa refusal. In practice it may seem that is so. I personally do not have statistics to back me up. It is the calculated cost of healthcare that you will require over a 5 year period which may break the camel's back. Success may hinge of convincing the HOC that the management of your condition will not be costly, and that needs advice of someone who has successfully done that.

It will be helpful is there a forum members who know of recent cases of successful visa applicants with HIV.

All the Best.

Regards,


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## espresso (Nov 2, 2012)

Hi NomadWinterRaven,

according to this article "59 HIV positive people [were] granted waiver last year [2009]". It's a pretty good article, by the way, if slightly outdated. I also found an article by a law firm titled "Can HIV Positive Applicants Apply for Permanent Residency in Australia?". 

The _Australian Federation of AIDS Organizations_ (AFAO) also published a fact sheet about "Applying for permanent residence in Australia" (from September 2011), which explains the health waiver conditions in detail. At the end you find a list of organizations that can provide advice and/or put you in contact with an immigration agent/lawyer with experience in this field. You should definitely get legal advice from a migration agent or lawyer before you proceed. It seems that most health waivers are granted to foreign partners of Australian citizens.

All the best, 
Monika


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## Amrit_Singh (Feb 21, 2019)

Hi forum members, I am also going through similar kind of situation. I had got my invitation for 189 visa but recently I got to know that I have health complications due to which I may fail health check. But I do not want to go back . What should I do? Which immigration lawyer will be helpful in this case. I am based in Sydney. Thanks


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## Deepti.Sinha (Nov 18, 2018)

Amrit_Singh said:


> Hi forum members, I am also going through similar kind of situation. I had got my invitation for 189 visa but recently I got to know that I have health complications due to which I may fail health check. But I do not want to go back . What should I do? Which immigration lawyer will be helpful in this case. I am based in Sydney. Thanks


Amrit Singh, you need to provide more details about the health complication before we can provide any inputs / suggestions. 

You may contact George Lombard based out of Sydney

Australian Immigration Agency - George Lombard Consultancy


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## Amrit_Singh (Feb 21, 2019)

I am also diagnosed with same problem just now , but had got my invitation for 189 before my diagnosis, I had not acted on it yet . But now I am very stressed about it. I worked very hard to get my points completed and I don’t want to move back. I am very depressed . What should I do?


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## Deepti.Sinha (Nov 18, 2018)

Amrit_Singh said:


> I am also diagnosed with same problem just now , but had got my invitation for 189 before my diagnosis, I had not acted on it yet . But now I am very stressed about it. I worked very hard to get my points completed and I don’t want to move back. I am very depressed . What should I do?


As advised above, please book an appointment with George Lombard. He is based out of Sydney and is the best Immigration consultant to handle cases with Medical Complications !


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