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Health Problems

A health issue doesn't have to end your visa hopes.

Nilesh Nandan

Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026

Overview

Most visa applicants must meet minimum health standards before a visa will be granted. If you or a family member has a health condition that may not meet these standards, you may need a health waiver. I have extensive experience preparing compelling health waiver applications under PIC 4005, PIC 4006A, and PIC 4007 that address the Department's concerns and demonstrate why a waiver should be granted.

The health requirement assesses whether an applicant's health condition would be likely to result in a significant cost to the Australian community (the 'significant cost threshold' is currently around $86,000 over the relevant period) or would prejudice the access of Australian citizens and permanent residents to health care or community services.

A health waiver allows you to be granted a visa even if you fail the standard health criteria, provided you can make a compelling case. Factors considered include: the severity and nature of the condition, the likely cost to the Australian community, the availability of treatment, the applicant's ability to fund their own treatment, and compassionate circumstances.

Common health conditions that trigger the health requirement include HIV, hepatitis B and C, tuberculosis, cancer, kidney disease, mental health conditions, and disabilities that require ongoing care or support services. Each condition requires a different approach, and I tailor every health waiver application to the specific circumstances.

Key Facts

Significant Cost Threshold~$86,000 (over relevant period, as at March 2026)

Health Waiver PICsPIC 4005, 4006A, 4007

Common ConditionsHIV, Hep B/C, TB, cancer, kidney disease, disabilities

Evidence RequiredSpecialist medical reports, cost estimates, treatment plans

Self-FundingCan reduce cost estimate — private insurance helps

How I Work — Step by Step

Health Assessment Review

I review your health examination results and the Department's concerns to understand exactly what needs to be addressed.

Medical Evidence

I coordinate with your treating specialists to obtain detailed medical reports that support your case.

Cost Analysis

I prepare a detailed cost analysis demonstrating that your condition will not result in a significant cost to the Australian community.

Health Waiver Application

I prepare and lodge a compelling health waiver application under the relevant PIC, addressing all assessment criteria.

Follow-Up & Appeal

If the waiver is refused, I advise on appeal options including ART review and ministerial intervention.

What I Do

Assess whether your health condition is likely to trigger the health requirement
Prepare a compelling health waiver application under the relevant PIC
Gather medical evidence and specialist reports to support your case
Calculate and address the 'significant cost' threshold
Advise on strategies to minimise the cost estimate (e.g., private health insurance, self-funding commitments)
Represent you if a health waiver is refused and advise on appeal options

Who Is This For?

›Visa applicants who have failed the health requirement
›Applicants with chronic health conditions, disabilities, or mental health conditions
›Family members of visa applicants who have health concerns
›Applicants who need to demonstrate that their health condition will not be a significant cost
›Applicants whose visa has been refused on health grounds

Recent Case Outcome

I recently represented a client whose skilled visa was refused because their child had a health condition that was assessed as likely to result in significant cost to the Australian community. We successfully appealed to the Administrative Appeals Tribunal, preparing detailed submissions that demonstrated the applicant's extensive skills and the significant contribution they would make to the Australian economy, which was key to the Tribunal exercising the health waiver and granting the visa.

* Details anonymized to protect client confidentiality.

Common questions about

What is the health requirement for Australian visas?+

Most visa applicants must undergo a health examination and meet minimum health standards. The Department assesses whether your health condition would result in a significant cost to the Australian community or would prejudice access to health care or community services for Australian citizens and permanent residents.

What is a health waiver?+

A health waiver allows you to be granted a visa even if you don't meet the standard health requirement. You must demonstrate compelling circumstances, and the Department considers factors including the nature of the condition, the likely cost, your ability to self-fund treatment, and compassionate circumstances. I prepare detailed health waiver applications tailored to your specific condition.

Can private health insurance help with a health waiver?+

Yes. Demonstrating that you have comprehensive private health insurance and are willing to self-fund your treatment can significantly reduce the estimated cost to the Australian community, which strengthens your health waiver application.

Can I get a health waiver if my Australian visa is refused on medical grounds?+

I often consult with clients who are distressed after a visa refusal due to a health condition. It’s a complex area, but in many cases, a refusal is not the end of the road. For certain visas, including many partner, child, and parent visas, we can apply for what is known as a 'health waiver'. This provision exists under Public Interest Criterion (PIC) 4007 of the Migration Regulations 1994. To be successful, we must convince the Department that granting the visa is unlikely to result in undue cost to the Australian community or prejudice access of Australian citizens to services in short supply. I work closely with my clients and medical specialists to prepare a comprehensive submission that addresses these specific legal tests. This often involves demonstrating that the applicant's condition is stable, outlining a clear management plan, and providing evidence of their ability to cover costs, which can lead to a successful outcome even after an initial refusal.

Will my visa be refused if my child who isn't migrating with me has a disability?+

This is a common and understandable concern. Under Australian migration law, all members of a 'family unit'—including those not applying to migrate with you—must generally meet the health requirement. This is often called the 'one fails, all fail' rule, as set out in Public Interest Criterion (PIC) 4005 and 4007. If your non-migrating dependant has a condition assessed as likely to incur significant costs, it can unfortunately lead to the refusal of your own visa. However, this is not always the final outcome. For visas where a PIC 4007 health waiver is available, we can argue that the compassionate and compelling circumstances and the benefits of your migration to Australia outweigh the potential costs. I have successfully navigated this challenging area for many families by preparing robust submissions that address the waiver criteria directly, demonstrating the positive contributions my clients will make to Australia and securing a positive result from the Department or the Administrative Review Tribunal (ART).

Your Visa Was Refused — What Now?

I wrote a free guide covering the 5 most common refusal reasons, your appeal options, and the deadlines you cannot miss. It is the same advice I give clients in their first meeting.

Need Help with Health Problems?

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The information on this page is general in nature and does not constitute legal advice. Thoughts only — not legal advice.