When applying for a Carer visa in Australia, the BUPA medical assessment is a critical component. But what happens if the initial assessment doesn’t meet the required impairment rating? Can you change the family member being assessed after the application has been lodged?
The Question
At the time a Carer visa application was lodged, the BUPA letter was in the name of the sponsor, but the sponsor did not pass the BUPA assessment impairment rating. Can the application be updated using Form 1023 to include a BUPA assessment for the child of the sponsor (grandchild of the visa applicant) who does meet the impairment rating?
The Answer
This is a challenging situation that requires careful consideration of the legislative framework.
The Potential Barrier: Item 1123B(3)(d)
Item 1123B(3)(d) may be the determining factor in this scenario. This provision relates to the requirements that must be satisfied at the time of application versus time of decision.
However, there’s no harm in trying to update the application with the new BUPA assessment.
A Potential Workaround
One potential workaround exists: If the medical assessment for the child was booked before the original application lodgement, it could potentially help overcome this issue.
The key distinction to understand is:
Schedule 1 requires an appointment for the assessment to have been made at the time of application. Schedule 2 requires the actual assessment to be completed by the time of decision.
Recommendation
It would be worth attempting to update the application with the new BUPA assessment for the grandchild, while noting the risks involved. Migration practitioners should:
Document the timeline of when assessments were booked versus when the application was lodged.
Submit Form 1023 with a clear explanation of the circumstances.
Include supporting evidence showing when the child’s medical assessment appointment was originally scheduled.
Be prepared for the possibility of refusal based on Item 1123B(3)(d).
Key Takeaways
While changing the BUPA assessment to a different family member after lodgement is challenging, it may not be impossible. The critical factor is whether the medical assessment appointment was booked before the original application lodgement. Understanding the distinction between Schedule 1 and Schedule 2 requirements is essential for navigating this complex situation.
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Disclaimer: This is general advice only and may not apply to your specific circumstances. For personalised guidance on your visa application, please book a consultation with one of our registered migration agents.
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Reviewed by VisaTasker Migration Services
MARA Registered Migration Agent · MARN 2318017
This article is written and reviewed by VisaTasker Migration Services, a MARA-registered migration agency based in Australia. As registered agents, we are bound by the Migration Agents Code of Conduct and required to provide accurate, up-to-date advice based on Australian migration legislation. Information is reviewed against the latest Department of Home Affairs policy.
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