Net Benefit Approach - For Migrants with Family member with medical condition/s

lock_code2004 · February 2013

Let's share information for those with the same case... or even those with knowledge on this issue:

From DIAC's website:
‘A ‘net benefit’ approach will allow decision makers to consider the social and economic benefits an applicant and their family bring to Australia compared to the cost of their health care.

'This will mean an individual's health costs can be offset by the benefit their family will bring to Australian society.'

From 1 July 2013, the government proposes to increase the Significant Cost Threshold - the level at which an applicant's health costs are considered to result in significant health care and community service costs - from $21 000 to $35 000.

lock_code2004 · February 2013

From @examiner30
Anyway, oo nga ang bilis pero sobrang kabado ako sa health requirement.

Pag ba nag expire yung invitation to apply ng visa di naman makakaapekto pag nag apply ka ulit ng EOI? Sobrang worried lang ako kasi April 5, 2013 yung deadline ng application for visa eh nabasa ko sa media releases ni Mr. Chris Bowens dated Oct 31, 2012 eh starting July pa tataas yung allowance for medical costing computation nila para sa health requirement (na napakalaki ng impact sa case ko dahil may down syndrome ang anak ko). Naiisip ko magpa expire na lang ng invitation or kung mag apply man ako yung malapit na deadline then kung hihingi ng additional documents and medical exam delay delay ko na lang... Hayyy naiiyak ako sa kaba talaga.

For sure you have been doing your research about your case..
Have you read someone with the same as your kid? You may be able to estimate the cost based on their case..

According to the "net benefit approach" kailangan makita nila na mas malaki ang total benefit ng family nyo versus the cost of care for your kid.. Other things na makakatulong kung may skills din ang partner and additional members of the family

Here are some successful cases;
http://www.downsyndromensw.org.au/pages/immigration-advocacy-advice.html

Goodluck po.. don't lose hope..

examiner30 · February 2013

Ayan pwede na.

Yap i did my researches din for a long time. Ang bagong problemang nakikita ko yung timing kasi ang bilis pala ng invite. So estimate ko na mag lodge ng visa ng last week ng March, mga 7 weeks if God will permit magka CO, then medicals so aabot na kaya sya ng July para dun sa effectivity ng increase? Ang laki din kasi nung difference ng 21,000 to 35,000 AUD. Re benefits, may mga relatives naman kami dun sa Sydney and Perth. Yung sa Sydney 20 years na sila dun and sa Perth 3 years pa lang. Pero pinagdarasal ko na sana di umabot sa point na mag papareview pa sa Tribunal kasi gastos na naman plus the emotional stress. Ayokong maging negative pero may suntok sa bwan na part talaga yung case namin. Dasal lang ng dasal.

Wala pa din kasi ako nakakausap na kagaya ng case namin (down Syndrome). Pero may nakausap na ako nameet ko din dati dito sa forum. He was so accommodating in answering my queries din kasi he is a doctor and his wife had a cancer. Nadeny yung application for PR for his wife and was advised by DIAC yata yun na either divorce nya wife nya or umuwi sila buong family sa Pinas. So he battled his case, went to governors, senators, media, Filipino communities and other organizations. In the end na grant sila after years (not sure na how long). But the bottom line is he went to Review Tribunal and the stresses caused by the situation. And his application was lodged on-shore kasi his initial visa was a temporary regional visa. Butas ng karayom din pinagdaanan nya.

Question lang, when do they decide to compute for the cost? And will I know how they did their computation? Or sa review tribunal na ako pwede mag question kung mangyari yun?

Thanks in advance po.

lock_code2004 · February 2013

Dun sa website na binigay ko.. May mga successful cases nga daw pero after appeal pa.. But hopefully with the recent changes nga mas magiging clear na ang guidelines nila on how to treat these cases...

Maybe you can ask opinion on the website.. Specify the casw of your kid..then they can roughly compute kung anu ang cost of care nya..

Also, I'm not sure if they will consider ung relatives, baka ung direct family lng ang kasali sa 'net benefit' computation.. Malaking factor kung both skilled kyo ni mr.. Ksi positive income yun diba..

Aftr mo maginquire dun sa website, and u think na malaking effect yung increase sa threshold.. Then u can decide to continue or just let the invitation expire,suspend your eoi para hndi ka mainvite ulit.. Tpos activste mo n lng sa july.. Mataas nmn ang points mo kaya mabilis ka mainvite..

lock_code2004 · February 2013

Normally, ang rulw ng diac is applied at the time of your visa application.. So kung mag apply ka ng june 30, kahit na magka CO ka ng jul 1, ung applicable rules ng june 30 pa rin ang gagamitin syo..

Since sinasabi mo nga na malaki ang impact nung jul 1 change.. You need to think carefully about ur visa application date..

examiner30 · February 2013

Ah ganun ba, with "skilled" you mean properly assessed din yung qualifications nya? Kasi di na kami nagclaim ng points for him since ok naman na yung sakin. although he is an ECE graduate and working in a related field din naman. Iwas gastos din kasi kaya di na kami nagclaim ng points para sa kanya. Wala kaya bad impact kung mag expire yung una kong invitation?

Sana dina lang muna ako nag submit ng EOI. hayyy

lock_code2004 · February 2013

i dont think it's required to have it assessed.. just make sure to include his documents in your application.. (diploma/TOR/Coe).. para makita nila na both of you are skilled workers.

Wla naman po bad impact kung mag expire ang first invite mo.. madami din po dito ang ganyan, nagkamali sila sa EOI, so nung naginvite, hinayaan lang nila.. after mag-expire, in-edit nil ang EOI, then they got their second invitation..

lock_code2004 · February 2013

Im posting these cases, so you can read and compare if your kid's condition is the same in this SUCCESSFUL case of migration with Down Syndrome:

Source: http://www.austlii.edu.au/au/cases/cth/IRTA/1998/13053.html

Julius benefits from dedicated and intelligent parenting. With regard to all the above behaviours, his parents convey to him expectations, that are both reasonable and socially normative. He is included meaningfully in all family events and activities. He is encouraged and assisted to develop socially integrative habits and behaviours. He will "tidy up". He readily accepts instruction to e.g. prepare for bedtime or mealtimes, to be quiet, gentle and so on. He has been initiating his own toilet for a considerable time. He initiates social contact: he shows one his toys and playspaces etc. Julius is happily involved, accepted and integrated in his community playgroup where he engages in all of the normal activities along with the other children.

A critical factor in any assessment as to the likely costs to the community of a person with Down's Syndrome is the extent of family support which that person is likely to receive. Both the Applicant and Mr Rode presented not only as parents who were wholeheartedly committed to Julius' well-being, they also had the time and finances to implement this. They are people of independent means who have substantial assets and private health cover. They have joined two local support groups, the Disability Services Commission and the Down-Syndrome Association of WA Inc. In addition Julius has three adult step-siblings in Australia who are financially independent and who are willing to render support and assistance in Julius' upbringing. These observations were supported by the comments of JEB Frost in the report of 29 May 1998 where it was said 'Mr and Mrs Rode are clearly intelligent, socially and culturally well adapted people. They have a community of social networks, ties and connections. They are doyens of a close and supportive extended family. Julius is cherished and included in these networks and by his extended family';

lock_code2004 · February 2013

Another successful case:

Source: http://www.austlii.edu.au/au/cases/cth/MRTA/1999/731.html

10. In the resulting conclusion submitted by Professor Buckley after completing her assessment, she states inter alia, as follows: "Cailan's development at present is within the low normal range of all children. She would be in the top 5% of the ability range for a child with Down Syndrome and individuals in this ability range are able to gain this level of independence and autonomy in most 'developed' countries. . . . . I would confidently predict that Cailan will continue to function within the low normal ability range and that she will be an independent adult, capable of contributing economically in the work force."

11. In view of the new medical evidence provided by Professor Buckley and the re-assessment based on that evidence by Dr Pincus, the Tribunal is satisfied that Cailan Ford Weinberg meets the necessary health requirements as set out in 4005 of Schedule 4 of the Migration Regulations. Furthermore, the Tribunal is cognitive of the fact that the primary applicant and the `spouse' have already demonstrated excellent parenting skills which must be recognised as a positive factor in the exceptional progress Cailan has made to date. It is not considered likely that Cailan's condition would be likely to result in a significant cost to the Australian community in the areas of health care or community services.

lock_code2004 · February 2013

Some major information required by MOC during review:

The MOC requires updated reports from a clinical psychologist and a speech therapist.
In particular:
- IQ
- adaptive behaviour
- capacity for independent living
- speech and communication skills.

examiner30 · February 2013

Thanks lock_code2004 sobrang dami mong naitutulong. Ang nasa isip ko ngayon kung kakayanin ba namin yung stress of going through a review tribunal. But I'm still hoping for the best. I sent my query sa mga organizations yesterday regarding cost of benefit computation. Baka sakaling may magreply. I guess I have to delay our lodging muna. I plan to do mock medical exam for my son din kaso di ko pa alam saan pwede kasi better kung yung accredited migration doctor sana para mas malapit sa result and maybe get a better advise sa mga specialistang doctor na pupuntahan. My son is having occupational and speech therapies, he's done and cleared with his physical therapy already. He goes through constant medical examinations (semi-annual) including Developmental Pedia, Pedia Cardio, Pedia Optha, and Thyroid exams and everything is well naman. He doesn't need to undergo heart surgery, no eyeglasses required yet, cleared din sa thyroid and as I mentioned earlier sa PT kasi he responded well for the past 3 years.

Thank you very much sir and may God bless you and your family always.

lock_code2004 · February 2013

@examiner30 - well these cases were from 2004... so mukhang since then, may concrete guidelines na sila... yan nga kasi ang pinu-push nung mga organizations diba.. para hindi naman mahirapan or humaba pa ang process...

and who knows, baka hindi nyo na kailangan ng review tribunal.. medyo tatagal lang konti sa medical review ng MOH, dahil kailangan nilang i-review mabuti ang case ng anak nyo...and then after that.. visa decision na agad....

God bless you din po.. Goodluck!!

babbykidd20 · December 2013

hi forum mates newbie here..ask ko lang po kng possible po ba ko makapasa sa medical dito sa pina?my RHD po ako..my apply po kasi ako sa australia woried ako kasi baka hindi ako mabigyan ng clearance dito sa pinas..salamat po