Health requirement for Australian
PR (Migration) Visa!!
Those
wishing to apply for Australian permanent residence visa should
understand following requirement.
Australia enjoys some of the
best health standards in the world. In order to maintain these standards people
who want to migrate permanently, or stay in Australia temporarily, must satisfy
the health requirement specified in the Migration Regulations.
Applicants
for certain visas also need to have adequate health insurance cover
for the duration of their stay in Australia.
Background
The health requirement is
designed to:
·
minimize
public health and safety risks to the Australian community
·
contain
public expenditure on health and community services, including Australian
social security benefits, allowances and pensions
·
maintain
access of Australian residents to health and other community services.
In line with Australia's global
non-discriminatory immigration policy, the health requirement applies equally
to all applicants from all countries, although the types of health examinations
required will vary according to the circumstances of each applicant.
Health
checks required
Permanent
visa applicants
All applicants for permanent
visas, including the main applicant, partner and any dependants, must be
assessed against the health requirement. Even if the applicant's partner and
dependants are not included in the visa application, they must still be
assessed against the health requirement.
Applicants for a permanent visa
will be asked to undergo a medical examination, an x-ray if 11 years of age or
older and an HIV/AIDS test if 15 years of age or older, as well as any
additional tests requested by the Medical Officer of the Commonwealth (MOC).
Temporary
visa applicants
Applicants for temporary visas
may be required to undergo a medical examination, chest x-ray and/or other
tests depending on how long they propose to stay in Australia, their intended
activities in Australia, their country's risk level for tuberculosis and
other factors.
The department will provide
applicants with details of the health checks required.
The
decision process
For those applicants who require
a medical and/or x-ray examination and a significant medical condition is
identified, a MOC will provide the department with an opinion on whether the
health requirement has been met.
In doing so they will take into
account:
·
the
results of the medical examination(s) and x-ray(s)
·
medical
history, age and period of intended stay in Australia
·
other
relevant considerations.
Under the Migration Regulations,
officers deciding visa applications must accept the opinion of the MOC on
whether applicants meet the health requirement.
Only tuberculosisis mentioned in
migration legislation as precluding the grant of a visa, but the applicant is
given the opportunity to undergo treatment in most cases. Other health
conditions are assessed on the potential cost and impact on the Australian
community resulting from the possible use of health and community services.
Some of the visa subclasses
within the family and humanitarian migration schemes, as well as a limited
number of onshore permanent skilled visas, have a waiver component. Visa
applicants must still undertake their required health examinations and be
assessed against the health requirement. The waiver allows the visa
decision-maker to waive the health requirement after the visa applicant has
been assessed by a MOC if they are satisfied that granting a visa would not result
in 'undue' health care or community services costs, or 'undue' prejudice to
Australians' access to such services. Where a waiver is available, the
decision-maker will take into account the applicant's personal circumstances,
including their ability to mitigate potential costs and care requirements, and
any compassionate and compelling circumstances.
The waiver cannot be exercised
where the visa applicant is assessed by a MOC as representing a risk to public
health or safety in Australia.
If the applicant does not meet
the health requirement and the waiver is unavailable or not exercised, then
under the Migration Regulations the application must be refused.
Specific
diseases or tests
Tuberculosis
Tuberculosis is a serious disease
which has been declared an epidemic and a global emergency.
Visa applicants aged 11 years or
older must undergo a chest x-ray. Applicants under 11 may be required to have
an x-ray if there are indications they have tuberculosis or have a history of
contact with a person with tuberculosis. The purpose of the x-ray is to
determine whether there is any evidence of either active or previous
tuberculosis.
Evidence of active or
previous tuberculosis will not, in itself, adversely impact on the outcome
of the visa application.
Where x-rays show possible
evidence of tuberculosis, the applicant will be asked to undergo more specific
tests to establish whether or not active tuberculosis is present.
If active tuberculosis is found,
Australian migration law does not allow a visa to be granted until the person
has undergone treatment and been declared free of active tuberculosis. A course
of treatment usually lasting between six to nine months is required, plus
further testing to show that the treatment has been successful.
If the x-ray shows evidence of
previous but now inactive tuberculosis the applicant may be asked to sign an
undertaking at the time of visa grant.
By signing the undertaking, the
applicant agrees to contact the Health Undertaking Service on a free call
number on arrival in Australia. The applicant also agrees to report for
follow-up monitoring to a state or territory health authority, as directed by
the Health Undertaking Service. The visa is not at risk, once in Australia, no
matter what status of tuberculosis is diagnosed as a result of the monitoring.
Hepatitis
Although health authorities
consider the risk of hepatitis transmission from newly arrived migrants to be
low, screening for hepatitis is mandatory where the applicant is any of the
following:
·
pregnant
·
a
child for adoption
·
an
unaccompanied refugee minor child
·
a
temporary visa applicant intending to work as, or to study to be, a doctor,
nurse, dentist or paramedic in Australia.
Examining doctors or MOCs may
also ask an applicant to undergo tests for hepatitis where they consider it
necessary. If the applicant is assessed as having hepatitis a decision on
whether the applicant meets the health requirement will be made on the same
grounds as any other pre-existing medical condition. The main factor to be
taken into account is the cost of the condition to the Australian community for
health care and community services.
The applicant may also be asked
to give an undertaking to report to the Health Undertaking Service for referral
to state or territory health authorities on arrival in Australia.
HIV/AIDS
Permanent visa applicants aged 15
years or older must take an HIV/AIDS test. Permanent applicants less than 15
years old must also take this test if being adopted or there is a history of
blood transfusions or other clinical indications.
Temporary visa applicants who
intend to work as, or study to become, a doctor, nurse, dentist or paramedic in
Australia are required to take an HIV/AIDS test.
If the applicant is found to be
HIV positive, a decision on whether the applicant meets the health requirement
will be made on the same grounds as with any other pre-existing medical
condition. The main factor to be taken into account is the cost of the
condition to the Australian community for health care and community services.
Standard pre and post-test counselling must be provided by the doctor who
examined the applicant.
Other
tests
Any other tests may be requested
at any time by a MOC.
Mr
Manoj Palwe is a member of the Immigration Consultants of Canada Regulatory
Council (ICCRC ID R422575) and Australian migration department has given him
offshore agent id 3000526.He has also passed the migration institute of
Australia's (MIA) examination about migration law. Mr. Manoj Palwe is also a
registered member of Canadian Association of Professional Immigration
Consultants with a member id-R11592.Please visit www.dreamisas.com
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