# Permanent Residence Visa Application and Hepatitis B



## Daniel1980 (Sep 20, 2010)

Hi there,

I'm new this forum and having a problem with Hepatitis B for our Permanent Residence application( Visa type 176- General Skill ).

I'm a secondary applicant to my spouse whose Skill Occupation is in Critical Skilled Lists. I was found out to be positive and the department sent back that I didn't meet the health requirement. They( Immigration department) sent me an email to give comments on their judgement which was made by Medical Officer Commonwealth. They said that my health condition is concerned with the interest of Australian community costs and health costs according their 4005(c)(ii)(A) session (new in Schedule 4 of the Migration Regulations 1994)

I don't know what to do now. Will they reject our application?

Although they said that "In most cases you will be asked to give an undertaking to report to the Health Undertaking Service for referral to state or territory health authorities on arrival in Australia."...

I am really worried about that!!!


Kindly advise.

Regards,

Daniel


----------



## Wanderer (Jun 16, 2007)

The MOC is a reference to an approved examining Doctor of wherever you had your examination and then the report with an assessment is forwarded to the Immi medical people in Australia with assessments being somewhat independent and representing an individual doctors findings.
http://www.australiaforum.com/visas-immigration/4812-medical-assessments.html has some information and links to the process and I suppose their email is giving you a chance to submit anything that could see a review of the overall finding.
It may be that you would want to get an independant specialist report to support a review.


----------



## Daniel1980 (Sep 20, 2010)

Thanks,
I went to another specialist and done some investigation...the results shows seroconversion and my antibody level has increased which means my conditions were under controlled and reduced infectivity. The specialist recommended me to continue another 6 months of medication and do the tests again.

I sent those information to the department yesterday...

Is that possible to accept my application because of my changes in Health conditions

Regards,
Daniel


----------



## Wanderer (Jun 16, 2007)

Daniel1980 said:


> Thanks,
> I went to another specialist and done some investigation...the results shows seroconversion and my antibody level has increased which means my conditions were under controlled and reduced infectivity. The specialist recommended me to continue another 6 months of medication and do the tests again.
> 
> I sent those information to the department yesterday...
> ...


It is really something that is going to be totally decided by the medical people Daniel.
If from the additional report you have supplied they make a judgement that your health will not be of a level of concern for Australia then that is what they will advise the people doing the actual visa processing.

You should get some further advice on the visa before too long hopefully.


----------



## Daniel1980 (Sep 20, 2010)

thx and i'm crossing my fingers.....

< sighed>


----------



## alice20 (Aug 11, 2010)

good day daniel1980! 

I am also a hep b carrier and applying for australia. So how was your application? Is there any feedback yet from the immigration? Hope to hear from you.

Alice


----------



## Daniel1980 (Sep 20, 2010)

alice20 said:


> good day daniel1980!
> 
> I am also a hep b carrier and applying for australia. So how was your application? Is there any feedback yet from the immigration? Hope to hear from you.
> 
> Alice


Poor Me,

Our application was rejected....but I can submit my appeal to Migration Review Tribunal and it will cost me another 1400AUD.... I am not sure whether to submit it to MRT or should I stop trying!

and I wonder there might be some unknown HepB Carrier without being tested positive...for those cases what will they do?
I declared that I have HepB and it is under medical treatment but they rejected.....

Good Luck and God Bless You!
daniel

"4005(c)(ii)(A) -
the applicant is not a person who has a disease or condition to which the following subparagraphs
apply: (ii) provision of the health care or community services relating to the disease or condition
would be likely to: (A) result in a significant cost to the Australian community in the areas of
health care and community services; regardless of whether the health care or community services
will actually be used in connection with the applicant;"


----------



## alice20 (Aug 11, 2010)

*hep b*

oh really? so what are the grounds for rejecting your application? i have emailed the aus immigration and they actually told me my being hep b carrier doesnt disable me from applying the visa. how come they actually did that to you? did they provide you the reasons why they denied it? what article or law that applies?


----------



## Wanderer (Jun 16, 2007)

alice20 said:


> oh really? so what are the grounds for rejecting your application? i have emailed the aus immigration and they actually told me my being hep b carrier doesnt disable me from applying the visa. how come they actually did that to you? did they provide you the reasons why they denied it? what article or law that applies?


Immigration Officers can only advise you Alice of what the immigration regulations may allow and they have no medical background.
So whilst it is true that diseases do not automatically stop a person from applying for a visa it will be medical opinion that determines the success of a visa or not.
There are in fact tens of thousands of all types of applications that get rejected every year,
Daniel has posted there a clause in relation to medical conditions and you will find more informations in various links from the thread linked above.


----------



## Daniel1980 (Sep 20, 2010)

Wanderer said:


> Immigration Officers can only advise you Alice of what the immigration regulations may allow and they have no medical background.
> So whilst it is true that diseases do not automatically stop a person from applying for a visa it will be medical opinion that determines the success of a visa or not.
> There are in fact tens of thousands of all types of applications that get rejected every year,
> Daniel has posted there a clause in relation to medical conditions and you will find more informations in various links from the thread linked above.


Thx Wanderer,

I am now rejected for Hepatitis B and i am wondering if i have chances to resubmit again with the following conditions.

My previous conditions were,

My spouse was cleared for everything ( eg. skill assessments, english, skill, medical assessment) and she was the primary applicant.She didn't have to test for hepatitis B because her skill was IT related.
I applied as a skill migrant ( not dependent) too with the skill of "medical administrator" which has the mandatory requirement for Hepatitis B testing clearance.(I applied as skill migrant because it might add another 5 marks for the point test). My skill " medical administrator" made them thought about risks of spreading the infection to the public.

My new application will be,

My spouse as a primary applicant but I will be the dependent which means that I might not need for Hepatitis B clearance. And I am not going to work in the health related field if am granted the visa. I can change my study probably like IT once I got there which will prevent the spread.

But I wonder whether they will reject again because of the treatment costs.

Please help me!

Daniel


----------



## Wanderer (Jun 16, 2007)

To be honest Daniel I am not completely sure but I would not be surprised if they now know you have Hep B, you could be rejected no matter what visa you apply for.


----------



## joemu (May 6, 2011)

Daniel1980 said:


> Thx Wanderer,
> 
> I am now rejected for Hepatitis B and i am wondering if i have chances to resubmit again with the following conditions.
> 
> ...


On paper it might seem you have a got a chance and also because you already know your condition you may feel you have got nothing to lose anymore but I think you'll still run into the same problem again.

I am primary and they found i had a condition which made me fail the requirements. All I can say is I lost money in the process through retests. Each time they advised me to have new tests, I was hoping against hope that they would grant the visa but No! In my case they tested everyone in my application including some not even included. So my definite loses: $, privacy, hope, dignity, time and no visa at the end after all!

I would dummy it and consider other destinations


----------



## table8282 (May 8, 2011)

Hi All,

I also have hepatitis B. I wonder if I can get Australia PR. Based on my medical record, the hepatitis B in my blood is very low and the doctor did not suggest me to any medical treatment. Could you share with me what is the level of your Hepatitis B such as ALT, AST, hbeag, hbvdna so I have my own expectation level whether I can be granted or not.
Many thanks for you sharing and wishing you the best in the future.


----------



## greatchoice2002 (Jan 13, 2012)

Hi table...did you apply for PR? I also have negligiable level of Hepatitis B viral load...wanted to check if its a risk for the PR application?


----------



## sergiowhv (Feb 10, 2012)

Daniel1980 said:


> Hi there,
> 
> I'm new this forum and having a problem with Hepatitis B for our Permanent Residence application( Visa type 176- General Skill ).
> 
> ...


Hi Daniel, I am not in your case because I have MS and I applied for a 1 year visa. Please I wonder how many week you needed to have a response from MOC. Thanks in advance and I wish you the best of luck with everything. Ciao!


----------



## Loran (May 5, 2012)

Hi Alice, how's your application? Hope you get the visa..you are in my prayers! Godbless


----------



## jameswong (Aug 20, 2011)

can anyone tell me if i am a hep b carrier , can i still apply citizenship? coz the immigration asked me to determine if i meet the australian health standards for a permanent visa .


----------



## turpsss (Aug 5, 2012)

So after reading all the posts does that mean that if you have Hep B of any sort that the application will be refused ?? or has anyone had any luck and if so how did they do it, 
ex migration agent ?


----------



## Loran (May 5, 2012)

Pls share some info cos i have a cousin wanted to apply for fiance visa but worried about her condition. Thanks


----------



## MrsMwangi (Dec 12, 2012)

I read on the site that they don't consider Hep B a threat to public health..._unless you work in the medical field_. So that could be good or bad news, depending on who you are.


----------



## Daniel1980 (Sep 20, 2010)

Hi all,

Has anyone granted the visa with similar situation like me..if u r granted could you please send me the info like agents, waiver etc

I am thinking if re applying if i have chances

Regards

Daniel


----------



## Arian_marshal (Apr 28, 2014)

*Any Luck?*



Daniel1980 said:


> Hi all,
> 
> Has anyone granted the visa with similar situation like me..if u r granted could you please send me the info like agents, waiver etc
> 
> ...


Hey Daniel and all,
Went through the post, 
was wondering if you had any chance of getting the PR?
Cheers,


----------



## nomzz (May 23, 2014)

*plz help*

hey guys

am from pakistan , going to apply for immigration to australia with spouse and a kid,
am having hep B but viral load is zero,, what would be results in my case


----------



## Daniel1980 (Sep 20, 2010)

nomzz said:


> hey guys
> 
> am from pakistan , going to apply for immigration to australia with spouse and a kid,
> am having hep B but viral load is zero,, what would be results in my case


It depends on other markers like HbeAg whether you need a life long treatment.....but seems like you can try with a well experienced migration agents..... best of luck.... please update when you have started the application.....


----------



## Daniel1980 (Sep 20, 2010)

Arian_marshal said:


> Hey Daniel and all,
> Went through the post,
> was wondering if you had any chance of getting the PR?
> Cheers,


I was rejected....but trying it again very soon...... please try with an experienced migration agent.... still have chances..... good luck....pls update on this post too


----------



## Arian_marshal (Apr 28, 2014)

Daniel1980 said:


> I was rejected....but trying it again very soon...... please try with an experienced migration agent.... still have chances..... good luck....pls update on this post too


Hi Daniel, 
I got my off-shore application rejected, yet I've applied an onshore one, and aiming to utilize the Health Waiver.
Any experience on Health Waiver? Anyone?
Thanks


----------



## CollegeGirl (Nov 10, 2012)

Arian, the health waiver applies to offshore applications, too. Did they not offer you one for your offshore application?


----------



## Arian_marshal (Apr 28, 2014)

no, that was a sub-class 175 GSM- with no health waiver and no right to appeal MRT


----------



## CollegeGirl (Nov 10, 2012)

Ahhh, okay. Health waivers CAN be done by yourself, but you'd really be much better off with professional assistance from a migration agent who specializes in medical conditions. The health waiver process is very complicated and you have to know exactly what kind of case you need to make for yourself. George Lombard and Peter Bollard both come very highly recommended and are experts in dealing with difficult medical cases. I used George myself - his office was great.


----------



## Arian_marshal (Apr 28, 2014)

yes, sure, I've contacted George and I'm going to get him involved, 
It's gonna be a complicated and document-demanding process and few stressful months ahead.


----------



## CollegeGirl (Nov 10, 2012)

Best of luck! You're in great hands.


----------



## Arian_marshal (Apr 28, 2014)

Thanks College Girl, your helpful comments are always great, much appreciated


----------



## Chole (Jul 9, 2015)

Daniel1980 said:


> Hi there,
> 
> I'm new this forum and having a problem with Hepatitis B for our Permanent Residence application( Visa type 176- General Skill ).
> 
> ...


Hi, Daniel, how is your application? Have you receive visa grant yet?


----------

