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Australian Government Has New Conditions And Thresholds For Issuing Visas

As per the new rules of the Australian Government that were brought forward on 1st July 2019, applicants having a disability or a permanent medical condition will not be assessed in for their lifetime care cost.

This is a major shift in policy welcomed by human rights officials and Australian Immigration lawyers and will reduce discriminatory practices in the immigration system.

The health norms in Australian Immigration prevent a migrant having a disease, illness, or intellectual/physical disability from obtaining the visa when it appears that the condition will have an adverse impact on the local taxpayer or puts at risk the general public.

Features Of Assessment Period

Before 1 July 2019, the policy supported the requirement of the threshold for significant cost to be $40,000. After the new changes, it was increased to $49,000.

The cost calculation method of people having a permanent disability or a medical condition keen to seek Australian Permanent Residency was updated on 1st July 2019.

In the past such people were rejected if their cost of care was in excess of the cost threshold in their lifetime. Presently the cost will be calculated for just ten years as an alternative of the lifetime.

Significant Costs

The Medical Officer of the Commonwealth has to give an opinion whether condition or disease of an applicant will result in major health care and cost in community service if the authorities give a visa. The Australian Immigration defines a Community service is providing social security benefit, pension or allowance in Australia.

Also, the policy threshold for the significant costs presently is $49,000.

The assessment of significant costs, of an applicant happens against the health requirement when:

  • The period for which the Minister intends to give the visa in case a visa applicant applies for a temporary visa

  • There is a permanent stay commencing with the date when the application is created in Australia in case a visa applicant applies for a permanent/provisional visa.

  • The estimated cost for temporary visa applicants is assessed for the period of stay for which the visa officer gives the visa.

Positive Trends

There is exclusion for health care and community service from the cost assessment with reference to legislative instrument 4005, and 4007(1B).

For applicants of the permanent/provisional visa, the time to estimate community service and significant health care costs is calculated as below:

  • When the age of the applicant is less than 75 years it will be for five years; or

  • When the age of the applicant is 75 years or above it will be for three years;

Unless:

The applicant suffers from the permanent condition and the disease is inevitable or has 65% likelihood to go beyond five years period then the applicant will be assessed for 10 years.

The applicant suffers from the inevitable/reasonably predictable 65% likelihood that reduces life expectancy owing to a health condition; the applicant will be assessed for 10 years. This signals a major and attitudinal shift.

We deal with all issues relating to the medical conditions and disabilities for applicants and their families. Please contact us for details and guidance in Australian Immigration.

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