Frenchie Posted February 16, 2007 Report Share Posted February 16, 2007 Dear all After coming in the office this morning, I got a very disturbing email. The LCU has requested another xray but it must be taken after the 12 April 2007. I just feel like giving up as we went to a specialist who then wrote a full report stating that my hubby does not have TB. Can I ask the case officer to decide the outcome of the visa application without going for this test? As I am worried that the employer is going to terminate hubby's contract as he is taking to long to arrive in OZ? They have been waiting since December already!!!!!! Also can an employer pull out if my husband is taking too long to get the visa?Anybodys comments or advice will really be appreciated ThanksFrenchie Quote Link to comment Share on other sites More sharing options...
Guest ptlabs Posted February 16, 2007 Report Share Posted February 16, 2007 Can I ask the case officer to decide the outcome of the visa application without going for this test?FrenchieThis is an interesting question of law.By practical definition, where a medical check is required, everyone does not meet the health criteria unless the prescribed medical check proves otherwise. Your case officer cannot decide in your favour if you refuse to submit to the LCU's request for further tests.Peter Quote Link to comment Share on other sites More sharing options...
Frenchie Posted February 16, 2007 Author Report Share Posted February 16, 2007 Thanks for your reply!!! Just wish I could get a miracle!!FrenchieThis is an interesting question of law.By practical definition, where a medical check is required, everyone does not meet the health criteria unless the prescribed medical check proves otherwise. Your case officer cannot decide in your favour if you refuse to submit to the LCU's request for further tests.Peter Quote Link to comment Share on other sites More sharing options...
Ajay Posted February 17, 2007 Report Share Posted February 17, 2007 HI Frenchie,I treid to PM you but lost the message in transmission! So I decided to just post here instead. There is very little doubt that the case officer will simply decline your visa if you refuse to submit the further tests. It looks like they suspect that your hubby has TB or similar and it is their job to make sure that this isn;'t the case. If you look at it from their point of view, they are really just protecting the residents and citizens of Australia, so try not to feel that you are being targeted.Check the wording in hubby;s employment doc and see if mention is made of a start date and an expiry of offer or anything along those lines. Speak to them as well and explain that the medicals are taking longer than anticipated but that you are following DIMA's instructions and getting everything that need sent. Good luck and keep us informed!LoveAjay Quote Link to comment Share on other sites More sharing options...
Polyanna Posted February 18, 2007 Report Share Posted February 18, 2007 There is such a skill shortage in Oz right now.I don't think the employer would terminate the contract because of someting that is out of your hands and besides if he did he would have to start the process all over again. If it was that easy finding someone with the skills your hubby has, he would have employed someone in Oz already.Keep the faith...Things have a way of working out in the end... and I agree, keep communicating with them. Quote Link to comment Share on other sites More sharing options...
Frenchie Posted February 19, 2007 Author Report Share Posted February 19, 2007 I would just like to say thank you to you all for the comments and advice. I am feeling a bit more positive! We did send the employer an email but still waiting for them to reply. Regards Frenchie There is such a skill shortage in Oz right now.I don't think the employer would terminate the contract because of someting that is out of your hands and besides if he did he would have to start the process all over again. If it was that easy finding someone with the skills your hubby has, he would have employed someone in Oz already.Keep the faith...Things have a way of working out in the end... and I agree, keep communicating with them. Quote Link to comment Share on other sites More sharing options...
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