Subclass 856 Visa Granted for Applicant Over 45 With Exceptional Circumstances and Ill Dependent
Case Summary
A Subclass 856 Employer Nomination Scheme application involved two challenges: the primary applicant was over 45 and needed an exceptional circumstances submission, and a secondary applicant had a medical condition requiring frequent attention. Both issues were addressed and the visa was granted.
Background
Our client approached us for assistance with a Subclass 856 Employer Nomination Scheme Permanent Residency application. The primary applicant was over 45 years of age, which meant he did not meet the standard age threshold and required a separate submission establishing exceptional circumstances. A secondary applicant in the family unit had also been diagnosed with a medical condition that required frequent medical treatment and could cause severe reactions in certain situations. Both issues needed to be addressed in the application.
Challenges
- Primary applicant was over 45, requiring an exceptional circumstances argument for the age requirement
- A secondary applicant had a significant medical condition requiring frequent attention
- Concerns that the secondary applicant's medical condition might affect the family's inclusion in the application
- Both issues needed to be addressed clearly and simultaneously
Outcome
The Department found the primary applicant satisfied the Employer Nomination Scheme requirements with exceptional circumstances established, and determined the secondary applicant's medical condition was not sufficient to impede their inclusion. The visa was granted to both the primary and secondary applicants.
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