In our last article on the NDIS, we talked about some tips and strategies to make sure your application to the NDIS stood the best possible chance of success. Today we examine the circumstances under which a visa holder can be accepted into the scheme.

The public understanding of the NDIS is still evolving. For example, it is not necessarily well known that permanent residents of Australia are eligible to apply to join the NDIS.

As we emphasised in our last article, successfully obtaining the appropriate level of support through the NDIS is often neither easy nor straightforward. Applicants need to work hard to assemble compelling evidence about the support and treatment that is needed. For obvious reasons, these challenges can be magnified for those who are new to Australia, with applicants having to navigate language barriers, and a lack of familiarity with Australia’s medical and welfare systems.

Permanent residents can also apply to join Medicare. Moreover, Medicare can be available if you live in Australia and have applied for (but not yet been granted) certain permanent visas. This can include ‘additional applicants’ (children and other dependents of the main applicant).

For persons with a disability who hold temporary visas (such as the subclass 482 visa), obtaining adequate support can be more difficult. Temporary visa holders are not eligible to join the NDIS or Medicare. With diligent research, however, it is possible to find some concessions and assistance. For example, as of 1 April 2021, there is no longer a maximum age limit for including a dependant with a disability on a private health insurance policy. There are also a variety of disability service providers who operate partly on a fee-for-service basis.

Snedden Hall & Gallop is one of the very few law firms that have expertise in both migration and the NDIS. This includes:

  • Preparing applications to the Department of Home Affairs for health waivers for visa applicants with a disability
  • Administrative Appeals Tribunal appeals for visa applicants with a disability
  • Assistance with NDIS applications and internal reviews
  • Preparing and reviewing disability discrimination policies.

How We Can Help

Snedden Hall & Gallop has experience and expertise in this area and is available to assist you. Please do not hesitate to contact our team on 02 6285 8000 or by email.