# Multiple Sclerosis = visa refusal?



## DDZ (Jun 2, 2010)

Hi there! We are a family starting the emigratation process to Australia. We both have professions on the critical skills list, but my husband has Multiple Sclerosis, although it is manageable and he continues to work and will continue to be able to do so.
Can anyone give us some advice on whether the MS will be a huge deterrent to us being awarded visas? We do not want to go through all of the expense if there is a good chance after spending much money, that our application will be declined.
Would love any advice, thanks!


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## Wanderer (Jun 16, 2007)

DDZ said:


> Hi there! We are a family starting the emigratation process to Australia. We both have professions on the critical skills list, but my husband has Multiple Sclerosis, although it is manageable and he continues to work and will continue to be able to do so.
> Can anyone give us some advice on whether the MS will be a huge deterrent to us being awarded visas? We do not want to go through all of the expense if there is a good chance after spending much money, that our application will be declined.
> Would love any advice, thanks!


Hi DDZ _[ and I'll move this to the Visas&Immigration thread too ]_

Before talking of medical implications, you had better beware that the CSL has been revoked and a new SOL is to shortly be implemented along with a new prioritisation regime, in effect State Migration Plans _[ when announced ]_ possibly containing most of what were on the CSL and possibly more, with variation state by state.

So from that aspect, have a look at http://www.immi.gov.au/skilled/general-skilled-migration/pdf/new-list-of-occupations.pdf and http://www.immi.gov.au/skilled/general-skilled-migration/pdf/priority-processing.pdf , there being other announcements dated 08February and 17 May in association that you can use What's New? Recent Changes in General Skilled Migration to view.

With meeting health requirements, it does seem quite an imposition that it is not possible to find out about how one will fare until an application has been made, including a hefty fee paid.
There is currently an Australian Government parliamentary committee looking into health matters associated with immigration and I would hope that some recognition is given to the situation so people do have the option of at least getting a medical assessment up front by paying the relevant fee.

That is in fact already done by some immigration visa applicants in what is called front loading of their applications, or getting a medical examination done at the time they have their application ready to submit, _though they are still not going to be informed of the MOC recommendations unless you found one whose arm you could twist a bit and that's most unlikely I'd suspect! _.
The immediate problem I can see that immigration will have with getting an early medical decision is that they consider them valid for only 12 months and processing of many visas can take considerably longer.

Perhaps if they could put something in place like a pre-medical on the basis of there being a later medical to be the determining one to cover any changes in time, that may be workable for some but I also suspect once you had something like that in place it would become an even bigger can of worms than what already exists.

Meanwhile the approach is outlined on http://www.immi.gov.au/allforms/pdf/1071i.pdf
I also found the following post by an Immigration Agent which outlines some associated data.


> if any one family member fails the health requirement all family members will be refused the visa (unless the visa being applied for is one which has access to a health waiver)?
> no condition, with the exception of tuberculosis, automatically precludes the grant of a visa?
> all other conditions are investigated individually for estimated costs and resource use impact on the Australian community regardless of whether the visa applicant accesses these services or not once in Australia?
> where potential health costs for a condition are determined to reach 50% or more of the average per capita health care and community services cost for an Australian over a five-year period, these costs are considered significant and likely to result in visa refusal?
> ...


the end para is something of what I mean of a can of worms for there is already a thriving industry based on challenges to many immigration rulings and not just medical situations.

Perhaps the existing costs you know of will allow you to make some sort of a judgement for yourselves based on comparing to some of the figures mentioned in the above post.

Best wishes for the future wherever it is.


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## DDZ (Jun 2, 2010)

Thanks for your detailed response, Wanderer - much appreciated!! He is currently on Interferon treatment, which is listed in your quotation... guess we will just have to have a good look into it. It's a financial risk we may be willing to take, regarding expensive visa applications etc - what will be will be!


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## semel321 (Feb 3, 2011)

Hi DDZ,
As it seems to me, we are on the similar situation as you have been in half a year before: thinking to start the immigration process to Australia, but wondering whether we will get a visa, as I am have MS and get a treatment with Interferon. I am on Interferon for 5 years already, doing well, work and so on. Both of us (my wife and me) have professions on the critical skills list. 
I will really appreciate and thank you for your time and consideration, if you could answer whether you get a visa and may be to share some information about the theme.
Thanks a lot,
semel321


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## Hunny (May 2, 2012)

*hunny*



semel321 said:


> Hi DDZ,
> As it seems to me, we are on the similar situation as you have been in half a year before: thinking to start the immigration process to Australia, but wondering whether we will get a visa, as I am have MS and get a treatment with Interferon. I am on Interferon for 5 years already, doing well, work and so on. Both of us (my wife and me) have professions on the critical skills list.
> I will really appreciate and thank you for your time and consideration, if you could answer whether you get a visa and may be to share some information about the theme.
> Thanks a lot,
> semel321


Dear Wanderer
thanks for the great information, i had a look into your information regarding the calculation of health costs before i applied for my 175 visa on 28th June 2012.
my wife is a paitent of MS since 2009, the MS progressed to numbness in her left leg but situation was controlled by using TYSABRI since novemeber 2010 after her pregancy period finished. she is still taking TYSABRI and will finish her 2 year qouta in NOV 2012 as dr suggested TYSABRI shouldnt be taken more than 2 years. 2 years on she will go for interferons as per doctor which is cheaper than tysabri. i refered to msaustralia.org.au for prices of interferons.
i sincerely hope they will allow her for 175 visa as a secondary applicant, since by the time medical is conducted by DIAC she will already be finishing her TYSABRI qouta and as per my calculation for interforne costs on msaustralia.org.au MS Australia[/url] it will cost around 12000-15000 AUS $ to ausi government per year for her after TYSABRI treatment finishes. which should be fine incase of grant of 175 visa.
please suggest one thing should we disclose her medical history during the health assessment as MS is not detectable by blood test?
also let me know, if she and all our family migrating on 175 will immediately eligible for medicare and PBS on arriving australia as she would require interferons every second day (classical treatment of MS).

awaiting your reply anxiously


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## russellie (May 16, 2012)

Hi Hunny,

If working for the government has taught me anything, it is that always be honest. While it might be tempting to withhold information regarding your wife's MS for the medical, when you get to Australia and access a public hospital for the treatment the information will be shared with other government agencies (ie medicare initially) and when it comes to government, there is no such thing as confidentiality. Withholding information will unfortuantly come back to bite you. Immigration can revoke visas should they find information that may change the outcome of the visa was withheld.

Each case is assessed individually and you might find that the Australian government considers it a reasonable cost. But IMHO you wouldn't want to give immigration any reason to ever refuse a visa...

Good luck whatever you choose to do.


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## Hunny (May 2, 2012)

Dear russille

Do I need to write in the application about a little background on medical history let us say MS or it let it be explained during the medicals check ups requested by the case officer?

Thanks if you clarify hidden information if any in this regard


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## rufa (Apr 16, 2012)

You have ti get a report from your GP and hand it in when the medicals are being dne fir the doctor to see.
my hubby also has an illness and we read form 26 and there was a reference to that. 
Luckly we had read it beacuse the doctor would be able to clear the medicals until this was handed in.

Hope this helps.


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## Boboa (Mar 24, 2009)

Hunny said:


> Dear russille
> 
> Do I need to write in the application about a little background on medical history let us say MS or it let it be explained during the medicals check ups requested by the case officer?
> 
> Thanks if you clarify hidden information if any in this regard


I would rather write my own version explaining how this affects or doesn't affect you. You can always use this to explain and convey your point of you. 
While doctors report will be a doctors review...


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## Hunny (May 2, 2012)

Hi all
I hv applied for 175 visa and I'm expecting CO allocation very soon.
My wife has MS with severity of grade 2 as per GP.
Can anybody let me know successful visa grant with primary or secondary applicant under MS ongoing medicine/doses? I need to know how should we deal with her case when CO asks for medicals?


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## Hunny (May 2, 2012)

Anybody any comments ?


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## strandnixe (Dec 7, 2012)

*Help!*

Hey guys,
I just wanted to ask, did you get any answers in your cases yet?

I have kind of a similar problem, though different. My mum is suffering from MS and wants to come visit me in Australia for 2 weeks for a holiday.
Immigration requested a medical to be undertaken and now it takes 3 months to process a TOURIST visa.

Is it really possible that she could be denied a 2 week holiday? 
Anyone out there with experiences???

Any help would be very much appreciated!

Thanks


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## thebigmove (Mar 20, 2013)

Hi everyone, I dont normally respond on threads, but unfortunately there are sooo few of us with MS, who are on Meds, and who dream of working and living in Australia, I feel its important to share my story. I was diagnosed 11 years ago, was on everything but have been on tysabri for 4 years and it is a wonder drug. No symptoms and havent been hospitalised for 3 years. 
I work for a Large Multinational IT company in Ireland and actually managed to get myself a promotion and relocation to Melbourne. Flights, visa, accomodation... the whole lot! Dream come true eh?
Then I went on with the 457 visa Application. My husband has an IT background but more recently had his own Business so would like to get a very good positiion in Oz for approx $100k pa and my OTE Salary was $180k. Lot of money eh? As I say, Dream stuff. The 2 children 9 and 15 said goodby to the friends and finished school, and we were all set to go! 

My medical was referred on the 21st December 2012 and I received a response from Deloitte ( MARA Agent assigned to me) to say the Visa was being refused due to the cost of my medication ( which they costed at $97k over the 4 year Visa term) unless I received a Health Undertaking from my Employer within 28 days. 
So i thought to myself, Major IT Multinational, no worries.. They said No. So for 3 weeks I worked my backside off to try and change their minds. I offered to pay for the drugs myself ($2k per month to come out of my salary), I contacted Biogen to see if they could sponsor me, but unfortunately these options were not allowed as they would contravene the Immigration laws.
As part of my package I was also going to be receiving BUPA Overseas Visitor Platinum cover, which I discovered about 5 days before the expiration of the 28days WOULD cover ALL the cost of my medication and administration in Royal Melbourne Hospital. 
I thought, this is perfect, but my Employer still said No. They felt it was an unreasonable request from the Australia Immigration to ask them to give a Pro-forma for $97k but it wasnt capped. Therefore they saw that it could be up to any value. My visa application was withdrawn on the 26th Feb 2013. 
I can see the point my Employer made. I am back at work now in Ireland, the children are back at school, and my husband is now looking for work here. 

I am not trying to put anyone off, I am aware that the Local Governments in Australia DO offer Waivers to highly skilled employees, however, you should be aware that although we are all well, living our lives, daring to dream - sometimes the World is just not ready for us...


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## CollegeGirl (Nov 10, 2012)

thebigmove said:


> Hi everyone, I dont normally respond on threads, but unfortunately there are sooo few of us with MS, who are on Meds, and who dream of working and living in Australia, I feel its important to share my story. I was diagnosed 11 years ago, was on everything but have been on tysabri for 4 years and it is a wonder drug. No symptoms and havent been hospitalised for 3 years.
> I work for a Large Multinational IT company in Ireland and actually managed to get myself a promotion and relocation to Melbourne. Flights, visa, accomodation... the whole lot! Dream come true eh?
> Then I went on with the 457 visa Application. My husband has an IT background but more recently had his own Business so would like to get a very good positiion in Oz for approx $100k pa and my OTE Salary was $180k. Lot of money eh? As I say, Dream stuff. The 2 children 9 and 15 said goodby to the friends and finished school, and we were all set to go!
> 
> ...


Oh man, what an incredibly disheartening experience, bigmove. Thank you for sharing your story. I have medical issues of my own that will be an issue, so I at least partly know where you're coming from. I'm so sorry it didn't work out for you.


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## Hunny (May 2, 2012)

The big move ,

It looks going to be the same case with my spouse who is a secondary applicant an MS patient , the next step in our application very soon is medicals.

She is on tysabri since less than 3 years and dr says she should continue till it suits her.

I've applied on 175 independent visa June 2012, me, wife n kids, CO assigned and security checks underway.


any suggestions?


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## MarkNortham (Dec 19, 2012)

Hi Hunny -

Wish I had better news - MS of special interest to me as my mother had it for over 50 years. Unfortunately the subclass 175 independent skilled visa does not have a health waiver, which means that if the Medical Officer of the Commonwealth costs the medical expenses at over $35,000 (for the first 5 years of the visa), it is likely the visa will be refused on health grounds. This visa does not have a provision that allows an applicant to argue for a waiver that the medical costs are not "undo" (ie, that the social and other benefits to Australia outweigh the projected medical costs, even if the costs are over $35k). Also, this visa does not have the health provision that the 457 has where an employer can sign an undertaking to cover all medical costs, etc.

So in your case it will all come down to how the Medical Officer of the Commonwealth determines the projected costs. Please advise if I can assist any further -

Best,

Mark Northam


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## Hunny (May 2, 2012)

Hi Marc 

I have some options about my career plan so should I rule out Australian immigration from this ? Any remote chances to be accepted by department ?

As if I keep on waiting for it I might lose other opportunities I have today.


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## F&J (May 23, 2013)

Think that MS is a much misunderstood problem. I am an Australian and have had MS for coming up to it's 25th year and other than fatigue and the occasional fall there are no other symptoms. I don't work full time, manage the MS through diet and exercise and believe that people from particularly countries like the UK benefit from living here in Australia, sunshine etc. But still medical practitioners, and people who don't understand MS all think that it leads to permanent wheelchairs etc.

Also interferon is a major treatment of hepatitis and the 'interferon' for MS is betaferon, so doesn't that exclude MS treatments from the list?

Good luck everyone, I think that Australia would be good for you.


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## MarkNortham (Dec 19, 2012)

Hi Hunny -

If the costing by the Medical Officer of the Commonwealth is below 35k for a 5yr period, then you're OK - this is the key to everything. Also, for employer nominated PR visas (subclass 186, 187) there are currently health waivers available, which essentially means you can argue that the overall benefits of your presence in Australia outweights the significant cost if the cost is above the significant cost figure.

Hope this helps -

Best,

Mark Northam


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## Hunny (May 2, 2012)

Dear Marc 

1 tysabri costs 2000 aus $ a month so imagine for 5 y

It's a definite refusal in this case isn't it


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## MarkNortham (Dec 19, 2012)

Hi Hunny -

I hate to comment on cases where I have not seen the documentation or circumstances, but based on the information you've provided here, it sounds like the case would fail the health criteria, so the only way through would be to apply for a visa with a health waiver and then make the argument for the health waiver as described before. If there was no health waiver available, the visa and MRT would almost surely be refused, then the only option left (assuming you had MRT review option in the first place) would be Ministerial Intervention which is a long shot at best.

Sorry I don't have better news! FYI you can see a list of visas where a health waiver is available at:

Visas that have a Health Waiver Provision

Best,

Mark Northam


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## Hunny (May 2, 2012)

Hi college girl


Who was the principle applicant you or your hubby?

How about if the secondary applicant is a ms patient?

I have applied on skill level 1 and spouse the secondary applicant is suffering from ms, so I'm expected to earn 100k plus a year and pay heavy taxes.

I think it's on discretion of visa officer.


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## MarkNortham (Dec 19, 2012)

Hi Hunny -

With permanent visas, it's a "one fails, all fails" in relation to the health criteria - if any of the applicants fail (partner or any dependents), all of the applicants are refused. It's unfair, but unfortunately it's the way the regulations are written currently.

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

Hi Hunny - Mark is much more knowledgeable on this topic specifically than I am.

I'm the primary (and only) applicant in my case, but I don't have MS. I have other health issues.

I really would listen to Mark - your only option here is applying for a visa type that has a health waiver provision. It's not really at the discretion of the case officer - if your estimated costs are over $35,000 over five years ($7,000 per year) they can't just approve you anyway.

I highly recommend Mark for most people who need a migration agent, but if you want a second opinion, George Lombard is the person to contact. He is considered the foremost expert in immigration with health concerns. He has a medical expert on staff who is very knowledgeable, and he can tell you beyond a shadow of a doubt whether or not you would qualify. This is not just my opinion, by the way - he's highly commended by many people on multiple immigration boards, and by other migration agents as well. He will tell you truthfully if you have no chance of obtaining a visa. If he tells you that, you really need to believe him. He doesn't say that lightly - he will fight for a case that he feels has any chance at all.

This is his website: Welcome to Austimmigration | George Lombard Consultancy Pty. Ltd.

For the record, though, I imagine he's going to end up telling you exactly what Mark has.


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## Hunny (May 2, 2012)

Btw is it true that regardless of the type of visa, anyone inside Australia even on visit visa is provided subsidized medical treatment


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## Hunny (May 2, 2012)

Hi Marc 

Please refer me the link about one fail all fail thanks


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## MarkNortham (Dec 19, 2012)

Hi Hunny -

Re: subsidized medical treatment in Australia, generally only people who hold a permanent residence visa or have applied for one are entitled to Medicare.

Re: link, will need to look it up - it's buried in the thousands of pages of the Migration Regulations 1994.

Best,

Mark Northam


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## CollegeGirl (Nov 10, 2012)

If you Google the exact phrase below:

"one fails all fail" Australia

you'll get many results. Here's an example of one of those results. It's a document from DIAC's website: "Australian Government response to the Joint Standing Committee on Migration report: Enabling Australia | Inquiry into the Migration Treatment of Disability"

Look at Page 6. It says:



> Recommendation 11 - Accepted
> The Committee recommends that the Australian Government review the operation of the
> 'one fails, all fail' criterion under the Migration Regulations 1994 to remove prejudicial
> impacts on people with a disability.
> ...


As you've just read, there was a recommendation to look into doing away with this requirement. Unfortunately, though they are "looking into it," it hasn't happened, and that requirement is still in place.


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## CollegeGirl (Nov 10, 2012)

Also found a reference to it in an Explanatory Statement for the Migration Regulations 1994 that Mark mentioned. From comlaw, which is a government website that publishes Australian laws:



> The "one fails all fails" health criteria requires members of the family unit of a primary applicant to meet specified health criteria. Should a member of the family unit fail to meet the health criteria, the primary applicant will fail the "one fails all fails" health criteria.
> This item substitutes clause 151.224 with new provisions enabling a defence service applicant to satisfy the "one fails all fail" health criteria of Subclass 151 where members of his or her family unit meet public interest criteria (PIC) 4007.
> 
> Prior to this amendment members of the family unit of a primary applicant were required to meet PIC 4005.
> ...


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## MarkNortham (Dec 19, 2012)

Excellent research, CG! One thing that can be helpful - if a visa has PIC4005 in the requirements, no health waiver is available. If it has PIC4007, a health waiver process is available.

Best,

Mark Northam


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## Hunny (May 2, 2012)

Does that means the government going to implement recommendation 11 immediately ??

Does that mean net benefit il be a priority calculation as opposed to one fail all fail criterion? Nevertheless the waiver isn't available for PR visa.

I have applied on skill level 1 category and expected to earn lots of tax for the government so I expect net benefit approach can save me, of course my wife won't probably work as she is secondary applicant.

Any suggestions


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## CollegeGirl (Nov 10, 2012)

Hunny said:


> Does that means the government going to implement recommendation 11 immediately ??


No, it does not. As I've said, there's been no move towards implementing it. As it stands now, "one fails, all fail" is still in effect.



> Does that mean net benefit il be a priority calculation as opposed to one fail all fail criterion? Nevertheless the waiver isn't available for PR visa.


No. The type of visa you're applying for does NOT have a health waiver provision, so the "net benefit" clause will not apply to you. It only applies to visas with the health waiver. If ONE applicant on your application (secondary included) fails the health criteria, your application will be rejected.



> I have applied on skill level 1 category and expected to earn lots of tax for the government so I expect net benefit approach can save me, of course my wife won't probably work as she is secondary applicant.


Unfortunately it can't help you here as it does not apply to your visa type.


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## vesi (Sep 2, 2014)

1234567890


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## Maggie-May24 (Jul 24, 2011)

vesi said:


> As I mentioned before, we have applied for PR (subclass 189) visa and according to above mentioned story we have not informed DIBP about my wife's MS disease. Also we have decided that do not acknowledge them during medical examinations because of above mentioned circumstance.


If you lie on your documentation, you risk having your visa cancelled. You would be better off to be upfront with her diagnosis, and submit specialist reports that detail her particular case, the treatment (if any) she is on, her prognosis, etc.


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## vesi (Sep 2, 2014)

1234567890


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## MarkNortham (Dec 19, 2012)

Hi Vesi -

Thanks for the note. Cannot recommend or endorse you not being truthful on a visa application - now that you've lodged, you'll be asked for health tests and there is a questionnaire that must be completed as part of that process.

The visa application fee not being refunded is only a small part of the bigger picture of this sort of thing - providing false information on a visa application can result in cancellation of the visa years down the road, and even cancellation of citizenship if you used the visa (that had the wrong info on the application) as a basis for the citizenship. It's a lifetime of looking over your shoulder, wondering if DIBP will connect the dots, especially if you make Medicare claims.

MS is a serious health concern - suggest you get detailed, specific professional advice from a migration agent on this - quick notes on anonymous forums are not the way to go here - you need up to date, detailed information from a professional who you've informed about all the aspects of the disease and treatment/prognosis so far.

Hope this helps -

Best,

Mark Northam



vesi said:


> Dear Mr. Mark,
> I am writing to ask you some more information about above mentioned topic. In advance, I would like to appreciate regarding useful information which has been collected and shared by you.
> I am mechanical engineer which I have applied for PR Visa subclass 189 and now I am waiting for my medical and PCC requirements which maybe will be sent until next 2 months. In addition, I have applied for this visa in attendance with my spouse and 2 years old child.
> What I want to ask you here is that my wife had M.S. disease for about 2 years and had been injecting interferon during those years. She stopped injecting drugs when we were going to have a baby. Fortunately, now she has never used any type of drugs regarding MS disease and she has not had any issues for more than 3.5 years. Please consider that we have a small daughter who is 2.5 year old. Thanks God a lot !
> ...


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## vesi (Sep 2, 2014)

1234567890


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## CollegeGirl (Nov 10, 2012)

Vesi - you can NOT claim that you did not know about this. That is VISA FRAUD and could land you in detention, ESPECIALLY if they can prove you knew about it in advance (and posting about it on a public forum? Probably pretty good evidence, if they find it). A registered migration agent is not going to give you advice about how to break the law. We're happy to give you advice on this forum about to handle your situation in a LEGAL and ETHICAL way, but we're not going to give you advice on how to pull one over on Immi and lie to them. That's not what we do here.


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## GBP (Jun 1, 2013)

It is not difficult to find out about the medical history of an individual. So, you stand no chance at all. I would consult an experienced MA regarding this matter immediately. 

Withdraw your application and re-apply with all the details is probably the only option now.


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## vesi (Sep 2, 2014)

1234567890


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## MarkNortham (Dec 19, 2012)

Hi Vesi -

Permanent residents receive Medicare coverage as soon as they arrive in Australia - those who apply for permanent visas who are onshore also can receive this coverage, but this is not the issue (see other posts re: visa fraud). If you have not yet been asked the health questions and have not provided incorrect answers, then you are still OK. But the health questions will be coming, and that will be the time you'll have to decide what to put on the application.

Re: detailed answers to specific questions, I'm happy to give general info here on the forum - if you'd like specific detailed advice re: your case, I can do that in a consultation - see my website in my signature below for details.

Hope this helps -

Best,

Mark Northam



vesi said:


> Dear Mark,
> Thanks in advance for your prompt advice.
> Is there any chance for us that be under medicare cover in Australia when we arrive there. For instance, please imagine that we will claim that we have not known about this disease before and it is the first time that we are confronted with it when we have stayed at Australia.
> What this means is that we want to claim there that we did not know about it and in that sort of things.
> ...


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## vesi (Sep 2, 2014)

thanks for all your advice and attentions


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## vesi (Sep 2, 2014)

I appreciate all of you


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## Engaus (Nov 7, 2013)

It makes me very angry and sad when I see people doing this - you havnt even got here are you abusing the system! I think you are being incredibly silly thinking you will get away with this - which I sincerly hope you don't.


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## ausdest1 (Sep 11, 2014)

Hi Mark,

Thanks for your contribution to this forum.

Just one question about the medical cost. What if we can provide financial proof and guarantee that we can cover the medical expenses above 35,000. Is that a sufficient argument?

My sister has MS and she is studying Medicine overseas. Given that medical practitioners are in high demand, can we also argue that the benefit to the Australian community outweighs the cost?

I hope to hear form you soon.

Regards,
S



MarkNortham said:


> Hi Hunny -
> 
> Wish I had better news - MS of special interest to me as my mother had it for over 50 years. Unfortunately the subclass 175 independent skilled visa does not have a health waiver, which means that if the Medical Officer of the Commonwealth costs the medical expenses at over $35,000 (for the first 5 years of the visa), it is likely the visa will be refused on health grounds. This visa does not have a provision that allows an applicant to argue for a waiver that the medical costs are not "undo" (ie, that the social and other benefits to Australia outweigh the projected medical costs, even if the costs are over $35k). Also, this visa does not have the health provision that the 457 has where an employer can sign an undertaking to cover all medical costs, etc.
> 
> ...


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## MarkNortham (Dec 19, 2012)

Hi Ausdest1 -

Great questions. Unfortunately there is no provision in the migration law for PR visas where a third party can guarantee support or provide a bond, etc related to costs re: medical conditions. There is a limited provision for an employer to do this related to a 457 visa, but not for PR visas.

Re: high-demand skills, yes that's absolutely a valid argument if you find yourself in a situation with PIC 4007 and are able to make an "undue costs" submission that the overall benefit to Australia of the person being granted the visa outweighs the expected medical costs. Note that some PR visas have the ability to make this type of submission (aka health waiver), but others do not.

Hope this helps -

Best,

Mark Northam



ausdest1 said:


> Hi Mark,
> 
> Thanks for your contribution to this forum.
> 
> ...


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## ZoeDerrick (Sep 27, 2015)

Hi just wondering if we know if this visa application was successful???


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## ZoeDerrick (Sep 27, 2015)

Hi Mark, I'm hoping you may be able to help us. I too have MS but I am not on any treatment I see my neuro once a year and have an MRI once a year I refuse to go on treatment as they made me worse and now I follow an MS diet and healthy lifestyle etc.... holistic therapies. I am a midwife and still work do you know what our chances would be of being granted the visa????? Zoe


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## MarkNortham (Dec 19, 2012)

Hi Zoe -

It's hard to say - the MOC (Medical Officer of the Commonwealth) essentially looks at the current state of the condition and places you in a category ranging from non-severe to severe. The treatment you currently are undergoing is given less weight as they use a standardised system based not on your specific circumstances but on a standardised range of conditions for the disease.

I'd certainly aim for one of the visas that has a health waiver - see the list here: Visas That Have A Health Waiver Provision

Hope this helps -

Best,

Mark Northam



ZoeDerrick said:


> Hi Mark, I'm hoping you may be able to help us. I too have MS but I am not on any treatment I see my neuro once a year and have an MRI once a year I refuse to go on treatment as they made me worse and now I follow an MS diet and healthy lifestyle etc.... holistic therapies. I am a midwife and still work do you know what our chances would be of being granted the visa????? Zoe


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## Victoria1234 (Mar 28, 2016)

Does the health waiver have any bearing? I am being asked to send my caseworker a list, giving reasons on why I should be granted a visa. I failed my med exam as I have a mild case of MS. As I did not think this was even going to be an issue, I wanted to be truthful when at the exam. I have an ongoing partner visa. I am married to my Australian husband. If I provide what they require can I still be denied my visa?


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## Mish (Jan 13, 2013)

It would be best to get some professional help as what is in the health waiver is what they use to determine if they will grant the visa.

I believe that if you fail the health waiver you cannot appeal the decision. Therefore it is best to seek advice.


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## Victoria1234 (Mar 28, 2016)

As in a lawyer or migration agent? I had previously seen a migration agent but that was to ask general questions, nothing MS related. This is not a health waiver that was given to me. They asked me to send them info pertaining to my case, but is that actually a waiver? I'm so confused.


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## Mish (Jan 13, 2013)

I have heard the name George Lombard mentioned, maybe start with him.


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## Homesickaussie (Oct 16, 2014)

Victoria1234 said:


> As in a lawyer or migration agent? I had previously seen a migration agent but that was to ask general questions, nothing MS related. This is not a health waiver that was given to me. They asked me to send them info pertaining to my case, but is that actually a waiver? I'm so confused.


Get professional help ASAP with this matter as Mish suggested otherwise your application may fail on health grounds. 
We went through the stress of wondering if we would have to do a health waiver as hubby has a long term health condition, luckily we didn't have to but the implications are serious if you don't get the health waiver.


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## CollegeGirl (Nov 10, 2012)

It's really, really important that you consult a good migration agent - I've heard both George Lombard and Peter Bollard mentioned as agents who specialize in dealing with medical waivers. I used George myself, and he and his team are great. Get a professional involved ASAP - now that you know you need to go through the waiver process, your time to get together the evidence you need is limited. They can and do refuse visas for medical reasons and they've already determined that, at least at face value, you fail the health requirement. If you don't provide good enough evidence for them to grant you a health waiver, your visa will be refused.


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