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Urgent — strict deadlines apply

Health Waiver Submissions

Overcoming health-related visa refusals.

NN
Nilesh Nandan
Immigration Lawyer · BBus(Accy) LLB MBA · Last updated March 2026
Book a 10-minute chat · $97

Overview

If you or a family member has a significant health condition, your visa application may be at risk of refusal. However, in some cases, a health waiver may be available. I prepare and lodge health waiver submissions, arguing that the benefits of granting the visa outweigh the potential costs and demands on Australia's healthcare system. I have a strong track record of success in complex health waiver cases.

Verify all deadlines independentlyThe health waiver submissions deadlines and time limits referenced on this page are general guidance only and may not reflect your specific circumstances. Appeal periods and response deadlines vary depending on the visa type, the basis of the decision, and how and when the decision was notified to you. Always check your decision letter for the exact deadline that applies to your case and seek independent legal advice before relying on any date. Getting a deadline wrong can permanently affect your appeal rights.

A health waiver is a provision that allows a visa to be granted even if an applicant does not meet the standard health requirement. Health waivers are only available for certain visas, and the criteria are complex. I will assess your eligibility for a health waiver and provide a realistic appraisal of your chances of success. I will then prepare a comprehensive submission that addresses all the legal and policy considerations.

My health waiver submissions are meticulously prepared and supported by strong evidence. I work with medical specialists to obtain expert opinions on the applicant's condition, prognosis, and likely costs. I also gather evidence of the applicant's personal circumstances and the contributions they will make to Australia. My goal is to present the most compelling case possible to the Department of Home Affairs.

Key Facts

PurposeTo overcome a failure to meet the visa health requirement
AvailabilityOnly for certain visa subclasses
Key CriteriaBenefits of granting the visa must outweigh the costs
Processing TimeVaries depending on the complexity of the case (verify on Home Affairs website)

How I Work — Step by Step

1

Eligibility Assessment

I review your visa application and the health issue to determine if a health waiver is available and assess your prospects of success.

2

Evidence Collection

I work with you and medical specialists to gather all the necessary evidence to support your health waiver submission.

3

Submission Preparation

I prepare a detailed and persuasive submission that addresses all the relevant legal and policy criteria.

4

Lodgement and Follow-up

I lodge the submission with the Department and manage all communication on your behalf, providing you with regular updates.

What I Do

  • Assess your eligibility for a health waiver.
  • Provide a detailed analysis of your chances of success.
  • Work with medical specialists to obtain expert reports.
  • Prepare a comprehensive and persuasive health waiver submission.
  • Lodge the submission with the Department of Home Affairs.
  • Liaise with the Department on your behalf.
  • Provide ongoing advice and support throughout the process.

Who Is This For?

  • ›Visa applicants who have been notified that they do not meet the health requirement.
  • ›Applicants with a family member who has a significant health condition.
  • ›Sponsors of visa applicants who have been asked to comment on a health issue.
  • ›Applicants who have had a visa refused on health grounds and are considering an appeal.

Common questions about

What is a health waiver?+
A health waiver is a special provision that allows a visa to be granted even if an applicant has a health condition that would normally lead to a refusal. It is not available for all visas.
How do I know if I am eligible for a health waiver?+
Eligibility for a health waiver depends on the type of visa you have applied for and your specific health condition. I can assess your case and advise you on your eligibility.
What are the chances of my health waiver being successful?+
The success of a health waiver submission depends on many factors, including the nature of the health condition, the strength of the evidence, and the legal arguments presented. I can provide you with a realistic assessment of your chances.
How long does a health waiver application take?+
The processing time for a health waiver can vary significantly depending on the complexity of the case. I will keep you informed of the progress of your application every step of the way.

Related Reading

This matter has strict legal deadlines. Act immediately.

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

Important: The information on this website is provided for general informational purposes only and does not constitute legal advice. Immigration law in Australia is complex, fact-specific, and subject to frequent change under the Migration Act 1958 (Cth), the Migration Regulations 1994, and departmental policy. You must seek independent, qualified legal advice tailored to your specific circumstances before making any immigration decision or taking any action. Viewing this website does not create a solicitor-client relationship. Terms of Use | Full Disclaimer

Phone 1300 558 472Nilesh Nandan, Attorney at Law · Principal, MyVisa Lawyers · MyVisa Australia Pty Ltd · ABN 65 092 524 359 · a service entity of MyVisa Lawyers Pty Ltd · ABN 54 607 960 547

Nilesh Nandan is an admitted solicitor and Australian legal practitioner admitted to the High Court of Australia, authorised to provide immigration assistance under the Migration Act 1958. As an Australian legal practitioner who holds an unrestricted practising certificate, Nilesh is regulated by the Office of the Legal Services Commissioner and is not required to be registered with the Office of the Migration Agents Registration Authority (OMARA). Nilesh Nandan BBus(Accy), LLB, MBA, Attorney at Law, Principal, MyVisa Lawyers. Member: Law Council of Australia · Fellow, Migration Institute of Australia (FMIA) · Member, MIA Temporary Visa Program Advisory Panel · Listed, FCFCOA Pro Bono Referral List of Solicitors (Migration). Past appointments: Member, MIA Character and Cancellation Advisory Panel, 2024 to 2026 · Chair, MIA Disciplinary Committee, 23 February 2026 to 20 March 2026.

Liability is limited by a scheme approved under Professional Standards Legislation. The content on this website is provided for general information purposes only and does not constitute legal advice. It is not intended to be relied upon as, and should not be taken as, a substitute for specific legal advice relevant to your individual circumstances. Immigration law is complex and subject to frequent change; the information on this site may not reflect the most current legal developments and may not apply to your situation. You should seek independent, qualified legal advice before making any immigration decision or taking any action based on the content of this website. Viewing this website, using the tools provided, or contacting our office does not create a solicitor-client relationship. Parts of this website are enhanced through the use of artificial intelligence; despite best endeavours, AI-assisted content may not be suitable for your specific immigration circumstances. “myvisa” is a registered trademark used under licence. MyVisa is not affiliated with the Department of Home Affairs or any government agency.

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