Dependent Has Character Or Health Issues, Does it Affect Primary’s SID Visa?
You now have the opportunity to migrate to Australia with a work-sponsored visa, such as a Skills in Demand (SID) (Subclass 482) Visa and you plan to add your family members to your visa application. Visa applicants will require to meet the mandatory visa requirements including health and character requirements. If your spouse, de facto partner or dependent children has character or health issues, will you as a primary visa applicant be affected?
How Secondary Applicants May Affect Primary Applicants for Skills in Demand Visa (Subclass 482)?
It is possible to add your members of family unit (MoFU) to your Skills in Demand Visa (SC482) application as a secondary applicant(s). If you are the primary applicant of a visa, typically, the visa decision for the secondary applicant(s) will directly follow the primary visa decision. However, for Skills in Demand (SID) Visa, there is a possibility that the primary applicant may not be impacted if the secondary applicant does not meet the visa requirements. The secondary applicant must satisfy certain public interest criteria (PICs) independently, including:
How Does the Secondary Applicant’s Health Issues (PIC 4007) Affect the Primary Applicant’s SID (SC 482) Visa?
The Department of Home Affairs assesses visa applicant and their secondary applicants’ health to ensure they are free from certain diseases or conditions that would result in significant cost to the Australian healthcare. If the secondary applicant has certain health issues and do not meet the criteria, the primary applicant may not receive an automatic refusal, as the Department assesses them individually.
Some factors that may be included as a concern of not meeting health criteria PIC 4007 include:
Chronic illness or disabilities that may require long-term medical treatment or government support.
Infectious diseases such as tuberculosis (TB) may lead to visa refusals.
The secondary applicant(s) may be eligible to waive the health criteria for Skills in Demand Visa (SC 482) if they can demonstrate that their illness or condition will not be a risk to the health services or community. Speak with an Accredited Specialist in Immigration Lawyer for a tailored advice for the affected dependent who does not meet the PIC 4007 health criteria as each matter is assessed individually.
How Does the Secondary Applicant’s Character Issues Affect the Primary Applicant’s SID (SC 482) Visa?
Similarly to the health criteria, character requirements are designed to ensure the nation’s safety. Secondary applicant(s) included in the Skills in Demand (SID) visa (Subclass 482) application may be subject to character assessment.
Primary applicants of SID visa may be granted a visa. However, the secondary applicant who does not meet character requirement (PIC 4001) may be excluded from a visa grant, as the secondary applicant's eligibility is assessed separately from the primary applicant.
If the secondary applicant(s) has past criminal convictions or provided false and misleading information may lead to a visa refusal, or the application may be referred to the Visa Applicant Character Consideration Unit (VACCU), which may cause significant delays and potential visa refusals. Schedule for a consultation with an immigration professional advice and assistance to build strong evidence for your visa application to have a better chance on your visa application.
Related:
What Can I Do to add my Family Member as Secondary Applicants of SID Visa to be Granted?
There is no guarantee for a visa grant if the applicant does not meet all the visa criteria. We suggest that you plan ahead with one of our Accredited Specialist in Immigration Law on the best strategy that suits your circumstances on how to overcome these issues that may occur. Additionally, it is important to be honest and declare all health and character requirements to avoid further complications later.
How Can Agape Henry Crux Help
While health and character can impact your Skills in Demand Visa (Subclass 482) application, in many cases they are assessed on individual circumstances. There may be ways for you to find a solution for it. Reach out to one of our immigration lawyers at Agape Henry Crux for a tailored strategy session. Our team works with 2 of our Accredited Specialists Immigration Lawyers (s) who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.
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