Navigating the Australian visa process can be complex, especially when health requirements become a factor. As someone who has guided many through this journey, I understand the concerns that arise when health issues come into play. This guide provides a detailed overview of health waivers, focusing on the Significant Cost Threshold, visa subclasses with waiver provisions, and common questions about health waivers in Australia.
• Do not pose a significant threat to public health.
• Will not incur healthcare and community service costs exceeding the Significant Cost Threshold (currently AUD $86,000).
• Will not prejudice access to healthcare or community services in short supply for Australian citizens and permanent residents.
When a health waiver is available, the Department of Home Affairs assesses whether the applicant’s circumstances justify granting the visa despite their health condition. This process involves considering compassionate and compelling circumstances, the applicant’s ability to mitigate costs, and public interest factors.
Not all visas allow for health waivers. Here is a list of common visa subclasses where a health waiver may be available under PIC 4007:
Partner Visas
• Subclass 820/801 (Onshore Partner Visa).
• Subclass 309/100 (Offshore Partner Visa).
Child Visas
• Subclass 101 (Child Visa).
• Subclass 802 (Child Visa).
Adoption Visa
• Subclass 102 (Adoption Visa).
Employer-Sponsored Visas
• Subclass 186 (Employer Nomination Scheme – Temporary Transition Stream).
• Subclass 482 (Temporary Skill Shortage Visa).
Humanitarian Visas
• Refugee and other humanitarian program subclasses.
Some visa subclasses, such as those assessed under PIC 4005, do not provide for health waivers. These include certain temporary and visitor visas. Always check the specific visa subclass requirements outlined in Schedule 2 of the Migration Regulations 1994.
No, PIC 4005 cannot be waived. It applies to visa subclasses where meeting the health requirement is mandatory without exceptions. If an applicant fails to meet the criteria under PIC 4005, the visa must be refused.
PIC 4005 is strictly non-waivable under the Migration Regulations 1994, Schedule 4. For applicants seeking visas with flexibility in health assessments, it is essential to apply for subclasses that fall under PIC 4007, where waivers can be considered.
The Significant Cost Threshold (SCT) is a key benchmark in assessing whether a health waiver may be needed. As of 1 July 2024, the SCT is set at AUD $86,000.
If a Medical Officer of the Commonwealth (MOC) assesses that your health condition is likely to result in healthcare or community service costs exceeding this threshold, your visa application may not meet the health requirement.
It is important to note that exceeding the SCT does not automatically result in visa refusal for subclasses under PIC 4007. A health waiver may still be granted depending on the circumstances.
Certain health conditions may prevent you from meeting Australia’s health requirements. These include:
• Communicable Diseases: Tuberculosis (TB) is a primary concern and must be treated or managed before visa approval.
• Chronic Illnesses: Conditions such as advanced kidney disease, certain cancers, or HIV may result in high healthcare costs, exceeding the SCT.
• Disabilities: Severe intellectual or physical disabilities requiring substantial community services may fall under the “prejudice to access” criterion.
Applicants are assessed on a case-by-case basis under PIC 4005 or PIC 4007, taking into account their medical condition, expected costs, and the availability of services in Australia.
When deciding whether to exercise a health waiver, the Department of Home Affairs considers several factors:
1. Compassionate and Compelling Circumstances: These include family ties in Australia, such as Australian citizen children, or the humanitarian impact of refusing the visa.
2. Mitigation Potential: Applicants may demonstrate their ability to reduce potential costs, such as through private health insurance or financial capacity to cover medical expenses.
3. Public Interest: Ensuring that granting the visa does not unduly prejudice access to healthcare or community services for Australian citizens and permanent residents.
The health waiver process varies in duration depending on the complexity of the case and the completeness of the information provided. Typically, it may take several months for the Department to assess a health waiver.
To avoid unnecessary delays:
• Provide all requested documents promptly.
• Include detailed medical reports, financial evidence, and compassionate circumstances.
Decisions are made under Section 65 of the Migration Act 1958, alongside the broader visa application process.
A family applies for a Partner Visa (Subclass 820) where one member has a health condition exceeding the SCT. The Department requests additional evidence, such as medical reports and financial documents, to assess whether the visa can be granted under PIC 4007.
The family demonstrates their ability to cover costs through private health insurance and provides evidence of strong family ties to Australia. Despite the initial concern, the visa is granted based on compelling and compassionate circumstances, showcasing the flexibility of the health waiver process.
Children often have unique circumstances in health waiver cases. For example:
• Onshore Children: Children born in Australia may not need extensive medical examinations, especially if they have not traveled to high-risk countries.
• Humanitarian Applicants: Children applying for protection or refugee visas are assessed with a focus on their welfare and best interests.
Providing comprehensive medical records and highlighting compassionate circumstances is critical to securing a favourable outcome for children.
If you fail to meet the health requirement for a visa with a health waiver provision (PIC 4007), the Department may invite you to provide additional information to assess whether a waiver can be granted.
You cannot apply for a health waiver directly. If your visa subclass allows for a health waiver, the Department will automatically assess your case and request further information if necessary.
Yes, private health insurance can demonstrate your ability to mitigate potential healthcare costs, which is a factor considered in health waiver decisions.
Health waivers are assessed on a case-by-case basis. While not guaranteed, waivers are more likely to be granted when compelling and compassionate circumstances exist.
The process typically takes several months, depending on the complexity of the case and the completeness of the information provided.
Understanding Australia’s health waiver process is vital for visa applicants facing health-related challenges.
For more information, contact us for guidance specific to your case.
Please share your comments with me.
I’d love to know more about your experience with health waivers!
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Hi sir how do I book a consultation?
Hi Kenji,
You can book a consultation with me by visiting [myvisa.com.au/appointment](http://myvisa.com.au/appointment).
For complex matters, please schedule a formal consultation. For simpler queries, you're welcome to use my 10-minute service.
Looking forward to helping you further! 😊
Regards,
Nilesh Nandan
Immigration Lawyer & Special Counsel
MyVisa® Immigration Law Advisory
http://myvisa.com.au/
How do I book a consult.
Hello sir,
My brother and her wife having hiv.They are reside in Canberra from last 3 yrs.Can they get PR
I have got s57 invitation to comment for health waiver consideration as I have failed my medical under PIC 4007(1)(c)(ii)(A)..
I have been asked lot of documents but among the I am unable to understand few,
Can you please explain and do I must have to provide it?;
Information summarizing any existing care arrangements for the waiver applicant, current use of community services and the impact (if applicable) that the condition has on the waiver applicant’s day to day tasks.
Information concerning any Australian children who may be adversely effected by a decision not to waive the need to meet the health requirement (please provide evidence of Child Support commitments, shared care/living arrangements etc, and evidence of what adverse effects the children would suffer);
Any other documentation concerning your ability to mitigate the potential costs, care (or prejudice to access) identified.
Evidence of any other compassionate and compelling circumstances which you consider relevant (such as evidence of any factors preventing your sponsor from joining you in your own country, or in another country, or evidence of caring responsibilities for elderly parents/relatives);
Information regarding non-migrating family members, including what arrangements have been put in place for their care, how long those arrangements have been in place, what alternative arrangements are in place should the current ones become unavailable, and what the likelihood of them is ultimately applying to migrate to Australia.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
Is health waiver eligible for 186 visa?
Hi
What is the health waiver processing time? How many day it's take after applying for health waiver?
Thank you very much for your post. Here are the first three (3) things that come to my mind. There may also be other important issues that arise from your particular circumstances. Please seek specific immigration law advice before taking any further steps. It could be that I have misunderstood you :).
1. There is no processing time published for this.
2. It will depend on the complexity associated with assessing whether the way that is available and whether it should to be exercised in the applicant's favour. Sometimes it takes a lot of time for medical conditions to be properly assessed.
3. Another factor which might come into play is the type of visa applied for. You should expect labour applications in respect of temporary visas to be finalised sooner than waiver applications in respect of permanent resident Visa applications.
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
*In the interest of speed, my communications are transcribed and transmitted using voice-to-text software – please ignore any unintended typographical or interpretation errors. Please also see the standard Notes and Disclosures which apply to my communications. These are located at the footer of my work emails.
Dear sir,
What can be likely or proper reply for the following,
Information concerning any Australian children who may be adversely effected by a decision not to waive the need to meet the health requirement (please provide evidence of Child Support commitments, shared care/living arrangements etc, and evidence of what adverse effects the children would suffer);
Any other documentation concerning your ability to mitigate the potential costs, care (or prejudice to access) identified.
Evidence of any other compassionate and compelling circumstances which you consider relevant (such as evidence of any factors preventing your sponsor from joining you in your own country, or in another country, or evidence of caring responsibilities for elderly parents/relatives);
Information regarding non-migrating family members, including what arrangements have been put in place for their care, how long those arrangements have been in place, what alternative arrangements are in place should the current ones become unavailable, and what the likelihood of them is ultimately applying to migrate to Australia.
For greater clarity about your immigration issue you can book in a quick 10-minute-chat with me here: https://myvisa.com.au/10-Minute
Regards Nilesh Nandan Immigration Lawyer & Special Counsel MyVisa® Immigration Law Advisory http://myvisa.com.au/