Anyone with a PHYSICAL disability who has applied for PR?

[NicoletteJ]

Hi everyone! I've slowly been posting questions here regarding a PR application (189) and I'm finding the forums very helpful and interesting. I've contacted a recommended agent who to my surprise, suggested that my congenital physical disability (something I was born with) may result in a rejection at the end of this process (and I'll lose a lot of money).

 

I never thought it was a factor as I don't have any medical/chronic conditions (I'm healthier than most) and my only medical expenses are physio (not a necessity - I have it as medical aid pays for it) and a prosthesis that is replaced every 5-6 years at the most (last one cost R50 000). The agent suggested that I contact Dr Baz for a medical evaluation. This will cost $!200 (!) and while I understand that the agent is being cautious (and helping me avoid unnecessary costs in the end) I don't feel that the evaluation will tell me anything that I don't already know - she says that it's to assess the long-term costs of my disability to the government.

 

MY QUESTION: Is there anyone on this forum who has applied successfully for a PR with a PHYSICAL disability?

One of the main attractions of living in Australia is the fact that not is so disabled-friendly!

 

P.S. I'll add in that I'm financially independent, have a Master's degree and 11 years of work experience.

[Mara]

@NicoletteJ I am of the assumption that the agent was not suggesting you do the medical evaluation for your own benefit, but possibly to see what the report would offer with regard to what the Australian Government will or will not allow. Somewhere I seem to remember that there is a cap that has been put on the funds they will allow Medicare to spend on this situation. So just to make it simpler... and please this is just an example, it does not mean anything:

 

Say the cap is a lifetime cost of $30,000, and the report shows that your condition may cost them $$50,000, then the chances of you getting in will probably be zero.

however!

If the report shows that your condition may only cost them $20,000, then you may well get in.

 

Perhaps check with the agent you mentioned, if my assumption is correct, and that this is why he/she suggested you contact Dr Baz for the medical evaluation. If I am correct, then honestly, if you are that keen to come to Australia, I would say this is where you start, have the evaluation done to see what your chances are.

[NicoletteJ]

Thanks @Mara - your input is always very helpful! I do understand what you are saying regarding the Medicare cap. I also trust that the agent has suggested this evaluation for my best interests (so I don't go forward if the cost is high).

 

I wish that I can speak to a successful PR applicant with a physical disability to know that it is possible to get it. There have been a few discussions on here regarding chronic conditions like diabetes, which has far more medical costs (and vulnerability to disabilities if it is not under control) in the long-term compared to my situation. While each case will differ, if you or anyone hears of someone with a physical disability that has been successful, I'd be very grateful for their contact details via the forum. I seem to recall someone asking about importing their husband's adapted car (he is paraplegic) but have not been able to get a response from her.

 

Thanks!

[RichardH]

1 hour ago, NicoletteJ said:

While each case will differ, if you or anyone hears of someone with a physical disability that has been successful, I'd be very grateful for their contact details via the forum. I seem to recall someone asking about importing their husband's adapted car (he is paraplegic) but have not been able to get a response from her.

 

Thanks!

 

I would look in the PomsinOz forum.

There are a massive amount of migration posts in there, you might find something?

 

[NicoletteJ]

Thanks @RichardH - I have posted the question there too. No replies as yet.

[NicoletteJ]

I found this on PomsInOz:

 

Australian Immigration Deporting People with a Disability

Advocates say they're seeing nearly a dozen cases a year of disabled people, and sometime their whole families, being denied permanent residency. The government believes their disability will be a burden on the health care system.

Biswajit Banik and Sarmin Sayeed's son Arko was diagnosed with autism as a toddler.

"It wasn't nice when the doctor told you that your son would be different for the rest of his life … he will never be independent," said Sarmin.

The Baniks are both qualified doctors. They moved to Melbourne from Bangladesh in 2007 on an AusAID scholarship.

Nine years later and Sarmin is juggling a PhD in women’s health while working as a General Practitioner in suburban Melbourne.

Her husband Biswajit is a university lecturer at Monash University. Arko is 12 years old.

"Arko has a mild spectrum of autism," Biswajit said. "We cannot change autism but we can minimise its progression"

Autism 1
With the help of special schooling and private tutoring, Arko has made progress. He reads at a year two level and is learning to cook. The Baniks believe he will one day be able to work and live independently.

"It doesn't matter whether he becomes a doctor or an engineer or a chef or a plumber, I don't mind," said Biswajit.

"You work hard, you have your good life, you know end of the day, you know you are a contributing citizen."

Two years ago the Baniks decided to make Australia their home and applied for permanent residency. After a tense eight month wait, their application was rejected for one reason: Arko.

In their rejection letter it said: “the applicant would be likely to require health care or community services during the period specified above…. provision of these services would be likely to result in a significant cost to the Aus community in the areas of health care and/or community services.”

A significant cost is defined as over $40,000 in government services throughout Arko’s life.

"For the hypothetical person that is true, but not for Arko," Biswajit said. "We have demonstrated that we never accessed any state disability services, commonwealth disability services.

"Every time we see a specialist, speech therapist, psychologist, we paid from our own pocket."

The Baniks tried to appeal the decision, but in December last year a government tribunal knocked them back.

They then appealed directly to the immigration minister, Peter Dutton, who has now been considering their case for nine months.

"If the honorable minister makes the decision not in our favour then we need to leave this country in 28 days," Biswajit said.

"So, it put us into a lot of uncertainties. We work in a pretty demanding job ... this is actually taking toll on my life, I have, I can't take it anymore."

Autism 3
The practice of deporting disabled people is more common that you would think. President of the National Ethnic Disability Alliance Suresh Rajan says he sees two to three new cases every month.

"We have a person who has a PhD in men's health…. and she's a practicing general practitioner. They are two people who are making a massive contribution to the Australian society.

"What we're looking at there is the commoditisation of a person with disability. We are breaking down a person to a number and that is completely inappropriate."

Under Australian law the migration act is exempt from the disability discrimination act. The immigration department says this policy is not discriminatory towards disabled people as all applicants must cost the taxpayer less than $40,000 in health care.

"We've probably dealt with something in the vicinity of about 18 to 20 cases in the last two years and in not one of those cases has it come under the threshold of $40,000," Suresh said.

The Banik family have found themselves at the centre of a growing movement - with hundreds of people joining protests around Melbourne asking the Immigration Minister to let them stay.

More than 37,000 people signed an online petition to help the family, with Sarmin saying shee "actually didn't believe" that so many would get behind it and support them.

While The Feed was filming with the Banik family, they received some live changing news from their lawyer.

"Minister Peter Dutton actually approved our primary residency, it was too good to be true," Bisjawit said, tearful.

Finally we got this to stay in Australia permanently for my son, you know, this huge struggle we had but at the end, Australia listened to us. That is unbelievable."

For the Baniks this was a good outcome. But Suresh Rajan says many more will never experience this moment.

[Mara]

So, from this we can gleen, that any expenditure, deemed by the government that would be necessary over a lifetime for the disability, in excess of $40,000 is a reason to decline a visa application. That was the gist of my previous answer. I have heard of a previous case, dealt with by the following migration agent, you may wish to make contact with them. His name is Dolf van Zyl. https://www.vanzyllaw.com.au/  

 

I know there is also an agent in Sydney that specialises in medical cases, but not sure who he is. Perhaps you can send a PM to @Riekie as she may know.

Edited November 2, 2016 by Mara

[NicoletteJ]

Thanks again @Mara - I will go ahead with the medical evaluation and then I can make a more informed decision from there.

[Mara]

You are most welcome,  I do hope that you find yourself in Australia before long!

[rozellem]

The immigration lawyer in Sydney specialising in tough medical cases is George Lombard. He got my friend (diabetic, with a kidney transplant and a few issues) her PR. 

[Claude Mac]

Nicolette I have sent you a PM/

[NicoletteJ]

I thought I'd update this thread in case anyone else down the line is looking for more information. I've since had 3 (highly respected/recommended) agents tell me much the same story: the nature of my physical disability will likely lead to a decline in any PR application. Despite the fact that my disability is congenital (from birth) and has not caused any medical issues for me (I'm probably healthier than most without a disability at my age!), the immigration department is likely to see it on my application and simply decline.

 

It's been devastating news as I never imagined this would be the case as I don't use any support services in South Africa or have any medical history of note. I am a qualified professional, I have a Master's degree, financially independent and live on my own. In a black and white application, this doesn't seem to count. If I got 10 minutes of their time, perhaps the outcome will be different. No supporting medical reports (at $1200) will guarantee my visa as ultimately, they'll make it about what I "Could" cost the government later in life... Never mind that we all "Could" cost the government a lot of money as no one can guarantee their physical health (and old age is inevitable). Very disappointing  

 

P.S. The only advice was to get a sponsored job on a 457 and hopefully after working for 2 years, the government will see that I'm not a burden.There are no guarantees of course. I've thought this through, consulted with many, and think I'll be in the same position for a PR (and eventually, citizenship) as it's about what "Could" happen years down the line. I'm grateful that the agents have been honest with their feedback. They could've taken my fees and submitted the applications.

[ChrisH]

So sorry to hear @NicoletteJ.  Have you gone to see the panel physician to ask their opinion?  It might be worth a shot because at the end of the day they will determine the estimated cost to Medicare and would be able to tell you what their recommendation to Australia Immigration would be.

[NicoletteJ]

Thanks @ChrisH - I have been in touch with one in Cape Town who said that they'd need to declare the disability, submit and see what other paperwork immigration will request. Others in this forum have had success with physical disabilities, but their's are small in comparison (on paper). I feel that the weight of 3 agent opinions is quite strong. I'm hesitant to pay so much money and lose it all when I was advised not to go ahead.

[ChrisH]

Its a tough one, good luck!

[Husky]

So sorry to hear the outcome @NicoletteJ

Thank you for sharing your story. Trust that you are able to find a way to make a positive move somewhere. Realise how priveleged we are to be in a position to apply. Take care. 

[NicoletteJ]

Thanks @Husky I appreciate that.

It's especially hard after reading on another forum that you can apply as long as any prison sentence you served was less than 12 months?! I'm not sure whether to laugh or cry!

[Husky]

I hear you. Rather laugh, much better for your being!

[Tntaglia]

We are in a somewhat similar boat (but haven't talked to any agents yet) - my husband has a congenital heart defect and has a pacemaker as a result, and we're worried that our PR may not come through as a result. 

[NicoletteJ]

@Tntaglia I really recommend that you use an agent considering your husband's condition. It's likely that they will recommend the medical assessment that I mentioned in my original post. They'd have to make sure he won't have health costs exceeding $40 0000. I've just chatted to an agent for New Zealand who thinks that my case (although it will require careful consideration and research) is positive as I'm self-sufficient and skilled. He thinks the Australian agents are being overly cautious so now I'm back to feeling a bit confused! I'd rather go to Australia as I have close friends there. Good luck and keep me posted.

[Tntaglia]

Thanks! The plan is definitely to use an agent - but my work is paying for the whole thing since I'm going over for work so I'm waiting for their goahead before getting in touch with an agent. I feel fairly confident that we'll be OK since he needs a new pacemaker every 8 years or so and the last one cost R20k in SA, so highly unlikely that it will end up being $40k in Oz in total, but we'll have to see. If all else fails we'll have to go across on 457 and hopefully get work to sponsor us for PR. 

[NicoletteJ]

I've been alerted to these links that show positive news regarding disabilities, taking into account the "Net Benefit" of the person applying for PR. I'm not sure if these changes are still recognized as the articles are 2012/2013 but it does give me hope as I feel I fall into this category. I'm not sure why the agents I contacted were not aware of these cases?

 

http://www.visabureau.com/australia/news/02-11-2012/australian-immigration-law-loosens-criteria-for-disabled-migrants.aspx

 

http://www.telegraph.co.uk/expat/before-you-go/10049348/Disability-neednt-be-a-barrier-to-a-new-life-Down-Under.html

 

http://www.smh.com.au/federal-politics/political-news/a-win-for-disabled-migrants-20121031-28kao.html

 

http://includingallpeople.org.nz/?p=413

[RYLC]

Nicolette the agents you contacted probably didn't mention these cases because they are not relevant to the current migration rules.  These rules are constantly being tweaked.  Every July in fact.  Much has changed within the migration space over four years since the articles you posted.  I would expect that the advice you were given from multiple well respected agents would be the "up to the minute" advice based on the current rules.  On top of that Chris Bowen was Immigration Minister when the Labor party were in power and brought labor philosophies to the position.  Nowadays the Liberal party is in power and their philosophies will apply (which may or not be favourable to you).  Point being that the agents you asked, gave their opinion for 2016 applications.

 

From your previous post it sounds like the only definitive way to know is to have the medical.  Sounds like spending that smaller amount of money to find out for sure may be the only concrete way to know for sure.  Otherwise, have you looked at migration to New Zealand instead.  I don't know what their rules are but it might be worth looking at.

[RedPanda]

I agree, it's better to spend the money on a medical report to find out what's what. Remember that some people write IELTS over three times or more, and they are also just hoping to get the 'right information on paper'. I think rather find out now, and try properly, than turn around and regret it later.

[RedPanda]

I just realised: getting my degree assessed by Engineers Australia also didn't tell me anything that I didn't know in advance, and it still cost me a pretty penny. But it gave me a piece of paper to submit for my visa application that said: It's all good, we checked this one out, she's fine.

 

Good luck!

[NicoletteJ]

@RedPanda thanks, that's a great was of putting it! I guess it's all about taking risks!