Understanding the validity requirements for a Carer visa application is crucial for a successful visa application. One key question that often arises is what exactly constitutes having “sought” a medical assessment at the time of application lodgement.
The Question
For a Carer visa application, Schedule 1 validity in Item 1123(3)(c) states that an application by a person claiming to be a carer must be accompanied by satisfactory evidence that the relevant medical assessment has been sought. Can lodging with only the medical appointment booking as evidence satisfy validity, even if the actual appointment will be delayed due to a custody dispute?
The Answer
The key distinction to understand is the difference between Schedule 1 and Schedule 2 requirements:
Schedule 1 Requirements (Time of Application)
Schedule 1 requires that an appointment for the assessment has been made at the time of application. This is a validity criterion that must be satisfied when the application is lodged.
Schedule 2 Requirements (Time of Decision)
Schedule 2 requires the actual assessment to be completed. This is a criterion that must be met by the time the Department makes its decision on the application.
What Does “Sought” Mean?
For validity purposes, evidence that the medical assessment has been “sought” may be satisfied by showing that the appointment has been booked. This interpretation suggests that having a confirmed booking with BUPA could be sufficient to meet the Schedule 1 validity requirement.
Important Considerations
There are risks if the appointment is cancelled or rescheduled too many times before the Department picks up the file. Multiple cancellations or significant delays could potentially call into question whether the assessment was genuinely “sought” at the time of application.
The question of whether an email sent to BUPA requesting an appointment, but with missing information, would satisfy the “sought” definition is uncertain and would need careful analysis of the validity requirements. It may be argued that merely sending an enquiry is not the same as having booked an appointment.
Key Takeaways
Understanding the distinction between Schedule 1 and Schedule 2 requirements is essential for Carer visa applications. While having a booked appointment may satisfy the “sought” requirement for validity purposes, applicant should ensure that appointments are maintained and not frequently rescheduled to avoid potential issues when the Department assesses the application.
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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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