Disabled wife - KOL excemption

[nathan2]

Hi,

My wife, a Canadian, is coming towards the end of her Spouse visa (ends beginning of June). She's disabled by severe, daily (several per day) migraines which are resisting treatment. The severity and frequency of the migraines, and the drugs we're trying to treatment make her groggy and her recall is poor.

Despite studying as much as she can every day for months, she has been unable to pass the KOL test.

Two questions:
1) is she likely to meet the criteria for exemption from KOL?
2) will a PEO be able/willing to process an application claiming exemption from KOL (with appropriate documentation from her doctors)?

Thank you so much in advance for any advice you can offer us.

[geriatrix]

1. Matters subject to caseworker discretion cannot be answered with certainty. It will depend on the reason(s) stated to allow exemption and whether caseworker deems the reasons as sufficient.
2. If the caseworker at the PEO defers a decision (e.g. - unable to apply discretion in favor without further advice from senior staff / medical advisers), you will end up paying higher fees for in-person application but you may then have to wait for weeks for a decision. And this "waiting time" for a decision could be the same as with postal applications.

[nathan2]

Thanks.