Question of the Week
Is my family eligible for Sc 189 NZ stream?
Category: (...) I am looking for something else
Question asked
Hi, we have been here for 10 years and want to Apply for the 189 nz stream Visa under my Husband as he works full-time and meets all the requirements. My question is I his wife have just recently been diagnosed with mild RRMS which I receive treatment for here in Australia. We also have a 21 year old son (currently not working) who is vision impaired. He has no medical requirements or costs, but before the rules changed he did qualify for employer disability assistance to enter the workforce. Is it worth either of us applying or will we put the rest of my families (husband, 16 and 13 year old kids) application in jeopardy?
I have been told if one of us is declined then the entire family will be so I don't want to risk it if there is little chance of me or my son being successful.
Any advice is gratefully accepted.
Thank you
Answer provided by Migration Agent
Dear VB,
Thank you for contacting us regarding your circumstances. Under reg. 189.234 of the Migration Regulations 1994, each member of the family unit are subject to PIC 4007 which requires your family to undergo Medical Examination, chest x-ray, HIV test and depending on your intended or current occupation might also require Hepatitis B and C tests.
You are correct in saying that if one of you is refused, the rest of the family will be refused as well.
Applicants should be free from a disease or condition that require health care or community services from the period when the application is made if this community services or health care required will result in a significant cost to the Australian community in the areas of health care and community services or prejudice the access of an Australian citizen or permanent resident to health care or community services. Note that this is regardless of whether you intend to use health care and community services.
There is a possibility to apply for a health waiver if all other criteria for the grant of the visa are satisfied and that the Minister (Immigration) is satisfied that granting your family the visa would be unlikely to result in undue cost to the Australian community (as they provide Medicare access to permanent residents) or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.
The MOC (Medical Officer of the Commonwealth) will assess your health conditions as to the cost of services you and your son will eventually need.
To give you an indication, current costing from MOC for asymptomatic multiple sclerosis in a 25-yr old female comes to A$1.27M.
Currently, there had been visa refusals of applicants and are awaiting decisions in the tribunal and courts, particularly with multiple sclerosis condition.
It might be stressful for you and the family to undergo this process with your health condition. I am not in the position to say how this will impact you physically and emotionally.
I will suggest that you seek a 30-minute consultation with a registered agent to see your overall circumstances. If you will meet all other criteria, it might be worth to "gamble" considering that your application charges will only be around $2,255 and you will not be subject to s48 ban as SC444 visa holders.
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