If your visa application has been refused — or is at risk of refusal — because you do not meet Australia's health requirements, a health waiver may be your best option. This guide explains when a health waiver is available, how to apply, and what you need to demonstrate.
What Is a Health Waiver?
Australia's health requirement (Public Interest Criterion 4005 and 4007) requires visa applicants to be free from conditions that could:
- Be a threat to public health
- Result in significant costs to the Australian health care system
- Prejudice access to health care for Australian citizens and residents
If you do not meet this requirement, some visa subclasses allow you to request a health waiver under PIC 4007.
When Is a Health Waiver Available?
A health waiver is available for most permanent visa subclasses, including:
- Partner visas (subclass 820/801, 309/100)
- Parent visas
- Skilled visas (some subclasses)
- Protection visas
Note: Health waivers are generally not available for temporary visas such as visitor visas and student visas.
What You Need to Demonstrate
To obtain a health waiver, you must show that:
1. The Condition Would Not Be Undue
The costs and impact of your health condition on the Australian community would not be "undue" — considering the overall circumstances of your case.
2. Compelling Circumstances
There are compelling circumstances that justify granting the waiver — such as:
- Strong family ties in Australia
- The best interests of any children involved
- Humanitarian considerations
- The availability of treatment in your home country
How Costs Are Assessed
The Department uses a "significant cost threshold" to assess whether your condition would result in significant costs. For 2026, this threshold is approximately $51,000 over the relevant period (usually 5 years for permanent visas).
| Cost Category | Examples |
|---|---|
| Medical treatment | Surgery, ongoing medication, specialist consultations |
| Hospital care | Inpatient stays, emergency care |
| Community services | Disability support, aged care, special education |
| Allied health | Physiotherapy, occupational therapy, speech therapy |
Tips for a Strong Health Waiver Application
How I Can Help
Health waiver applications require careful preparation and a thorough understanding of the criteria. I will review your medical situation, assess your eligibility for a waiver, and prepare a comprehensive submission. Many health waiver applications succeed with the right approach.
Book a consultation today from $97.
Need Expert Help with Your Visa Matter?
Nilesh Nandan has helped thousands of clients navigate complex immigration issues. Book a consultation to discuss your specific situation with one of Australia's most experienced immigration lawyers.
Questions & Answers
My child has a disability and our partner visa was refused on health grounds. Can we get a waiver?
Yes, partner visa subclasses are eligible for a health waiver. Cases involving children with disabilities often have strong compassionate grounds. The key is to demonstrate the impact on the family if the waiver is not granted, and to address the cost concerns with evidence of private health insurance or self-funding capacity.
Ask a Question
Your question will be answered personally by Nilesh. Thoughts only — not legal advice.
Discussion
No comments yet. Be the first to share your thoughts.
Leave a Comment
Your comment will be reviewed before being published. This is a space for general discussion — not legal advice.