Public Interest Criteria 4007 is a health criterion you need to meet when you apply for certain types of visas. This criterion ensures that the Australian people are not unduly affected by health-related costs, issues with access to Australian healthcare services and other medical-related consequences by those migrating to Australia.
Before lodging a visa application, you should be aware that the health criterion is a ‘one fails all fail’ criterion. An example of this is if you have no health issue but another applicant, who is a part of your family, has a medical condition, then your visa application may be refused because this person fails the health requirement.
The good thing about PIC 4007 is that there may be a health waiver that could apply to your situation. This means that if you do not meet the health criteria, because the visa applicant or the member of the family unit of the visa applicant is not healthy, then there is an opportunity for the health requirement in PIC 4007 to be waived.
Both are health criteria. Unlike PIC 4007, the PIC 4005 criterion has no possibility of a waiver. If PIC 4005 is a criterion that needs to be met and you fail a health check, then you’ll need to find another visa that offers an opportunity for a health waiver.
The delegate of the department who will assess your visa application must consider the significance of the cost to the Australian healthcare system over the period of time your visa is to be granted.
This assessment is different for temporary and permanent visas. For temporary visas, it is assessed over the duration of your visa. And for permanent visas, it will depend on your age at the time of lodgment of the application. If the condition is permanent, they may assess it over a maximum period of 10 years.
The department will issue a letter known as a section 57 Natural Justice Letter to get a response from you about the costs relating to the medical issue.
If you have received a section 57 Natural Justice Letter referring to PIC 4007, you should seek professional advice. This is your chance to explain your situation to the case officer and request a waiver.
Using an immigration lawyer like me may help you save a lot of time and can reduce your risk of refusal. Book a consultation now.
The department does not grant a waiver simply because you ask for it. You need to have compelling and compassionate reasons. Let me help you consider what amounts to compelling and compassionate reasons and what evidence can be attached to strengthen your submission for a request for PIC 4007 health waiver.
A tip on what you say in your submission is an argument that the cost of your condition will not burden the Australian healthcare system in an excessive amount or argue ways on how you could minimise the healthcare cost to the Australian healthcare system.
Book in a full consultation with me today to discuss your evidence, applications and submissions in more detail.
No one can guarantee a particular outcome of any visa application. If anyone has ever promised you that they can, run!
Each visa application is different because circumstances change from one individual to another. Always remember, it comes down to the quality of evidence and documents you have provided to the department and if the department is satisfied beyond a reasonable doubt that you are an eligible applicant for the visa you have applied for.
If you would like to discuss the opportunity for making a successful application for a waiver, with the outcome that a visa can be granted to you, notwithstanding an unhealthy family unit member, then please contact my office to further discuss your matter.
Please share your comments with me.
I’d love to know more about your experience with challenging these public interest criteria!
View Comments
I was diagnosed with M.S. nearly 33 years ago. My condition mostly stabilized 10-15 years ago, requiring only pain medications on a daily basis. PIC 4007 came as a shock to me, to say the least. My husband and I don't know what to do to ensure my visa approval. I urgently need to discuss my case with an agent as soon as possible. Thank you in advance.
Hi,
I need to apply visa for my child . Need to discuss regarding this