Overcoming Health Barriers for Employer-Sponsored Permanent Residency

We successfully assisted a visa applicant who has pre-existing condition, Crohn’s disease to secure his 186 permanent resident visa.

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Australia’s migration system applies strict health criteria, particularly where a condition may result in significant long-term healthcare costs. In this case, the applicant’s chronic condition created a real risk of failing the health examination, which could lead to visa refusal, despite meeting all other eligibility requirements.

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After carefully assessing the applicant’s circumstances, we provided tailored strategic advice, that is to avoid applying directly through the Subclass 186 Direct Entry stream. Instead, proceed via subclass 482 visa and subclass 186 Employer Nomination Scheme (TRT stream). We further explained that this approach was critical because the 186 TRT stream allows a health waiver whereas the Direct Entry stream does not offer the same flexibility in comparable cases.

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​By choosing the right pathway early, we ensured the applicant had a viable solution even if health issues were raised. During processing of the Subclass 186 TRT application, the Department of Home Affairs issued a notice highlighting concerns about the applicant’s health condition and invited a response. This is a crucial stage where many applications succeed or fail. We prepared a strong, evidence-based health waiver submission, including: detailed response to the Medical Officer’s cost assessment, specialist medical reports confirming the condition was stable and well-managed, evidence of the applicant’s ongoing employment and economic contribution and supporting documents demonstrating capacity to manage healthcare needs.

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Our submission focused on clearly showing that the actual impact on Australia’s healthcare system would be limited, and that the applicant’s overall contribution outweighed any potential cost. The Department accepted our health waiver arguments and approved the application, allowing the client to secure permanent residency in Australia.

 

Contact us for tailored advice if you are in a similar situation.