Skilled Independent (Subclass 189) NZ Stream Visa Granted After Group Application Refused Due to Son's Health

Visa TypeSubclass 189

CategorySkilled Migration

Case Summary

A group Subclass 189 (NZ stream) application was refused after the applicant's son failed to meet the health requirements under PIC 4007. A fresh individual application was lodged, this time excluding the son and focusing on demonstrating the applicant's residency ties, financial capacity, and the genuine nature of his overseas marriage — resulting in a grant within 6 months.

Background

The applicant had lived in Australia for over 10 years, owned property and a business, and had significant financial capacity. He lodged a Subclass 189 (NZ stream) group application including his wife (who had never been to Australia) and his son from a previous marriage (who was overseas). The application was refused after it emerged that the applicant had not disclosed the son's health condition; the son failed to meet PIC 4007, and the health waiver criteria — requiring the medical costs to be outweighed by mitigating or compassionate factors — were not satisfied. The entire group application was therefore refused. The applicant also wished to reunite with his wife, who had been stranded overseas during COVID-19 lockdowns. A fresh application needed to overcome the history of refusal and also positively establish the genuine and continuing nature of the overseas marriage.

Challenges

Group application refused in part due to non-disclosure of the son's health condition, which failed PIC 4007
Health waiver criteria were not met for the son, meaning he needed to be excluded from the fresh application
Wife had never been to Australia, requiring affirmative evidence of a genuine and continuing marriage
History of refusal needed to be addressed and outweighed in the fresh application

How We Helped

For the fresh application, we advised the applicant to first obtain sufficient evidence for a potential PIC 4007 waiver for the son before including him in any future application. In the new application, we demonstrated the applicant's residency, financial and business ties to Australia, addressing his substantial connection to the country. For the overseas wife, we compiled four categories of evidence covering the nature of the couple's commitment, the financial aspects of their relationship, their shared household arrangements, and the social aspects of their relationship — to satisfy the assessor that the marriage was genuine and not entered into for migration purposes.

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Key Success Factors

Strategic decision to exclude the son from the fresh application pending sufficient PIC 4007 waiver evidence
Four-category evidence package on the overseas marriage addressing all dimensions of relationship genuineness
Comprehensive documentary evidence of the applicant's residency, financial and business ties to Australia
Submissions addressing the prior refusal history and contextualising the non-disclosure circumstances

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Outcome

The Department accepted the documentary evidence. The applicant and his wife were granted Subclass 189 (NZ stream) permanent residency within 6 months of lodging the fresh application.

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