How to Succeed in Health Waiver Australia: Health Requirement Guide
Both temporary and permanent visa applicants must meet the health requirements for Australia. If they fail the health examination, they may be eligible to apply for a legal exemption. However, certain elements can significantly strengthen a health waiver submission.
Our legal guide explains:
- The Australian visa health requirement
- How a health waiver for Australia works
- The meaning of the significant cost threshold
- How PIC 4005 and PIC 4007 differ
- And the evidence that improves your chance of a successful outcome.
About Health Waivers for Australian Visas
Visa applicants who fail the health requirement of the Australian visa process can still be considered for a visa by using a health waiver submission. The health requirement is in place to keep the Australian community safe by ensuring that new arrivals don’t put public health at risk or place undue stress on Australia’s health care or community services.
The health waiver process aims to find a balance between the needs of visa applicants and the needs of the Australian community as a whole. It makes sure that people with strong, compassionate reasons or important family ties are not automatically blocked from living in Australia.
The Health Requirement and Why it is Important
The health requirement in Australia aims to control public health risks and prevent undue costs and harm to the community by regulating projected expenditures on health and community services and safeguarding access to limited services that have short supply.
- Most applicants who have applied for a temporary or permanent visa are required to undertake health examinations.
- Should the Medical Office of the Commonwealth (MOC) indicate significant health costs or barriers to access, visa applicants can be found as not meeting the health requirements.
Decisions about visa approval for permanent or temporary visas by the Department of Home Affairs rely on whether your particular visa subclass is being assessed under PIC 4005 (non-waivable) or PIC 4007 (waivable).
Public Interest Criterion: PIC 4005 vs PIC 4007
Public Interest Criterion 4005 applies to most visas and sets the health requirement criteria, which includes the applicant meeting the ‘significant cost’ and ‘prejudice to access’ requirements.
- Health waivers can only be exercised for certain visas under Public Interest Criterion 4007.
- PIC 4005 and PIC 4007 both determine health requirements for Australian visa applicants. Here’s how they differ.
| Criterion | PIC 4005 | PIC 4007 |
|---|---|---|
|
Waiver Availability |
Not available when a visa applicant fails the health requirement |
Yes, depending on compelling and compassionate circumstances |
|
Medical Officer’s Role |
Considers health care costs and impacts to decide the outcome |
Applicants can consider a waiver if they fail to meet PIC 4007 |
|
Considerations |
You can challenge the MOC’s decision by saying they made an error |
Compassionate circumstances, costs, and broader public interest criterion |
|
Possible Outcomes |
Visa is refused for failed health requirement |
Approved Visa for a granted health waiver |
|
Effective Strategy |
Verify that you fulfil the health requirements or find another path |
Create a compelling health waiver submission with strong evidence |
NOTE: Health waivers must be fully documented and recorded in the Health Assessment Portal (HAP).
Which Australian Visas Permit a Health Waiver?
Health waivers are available when a visa subclass uses PIC 4007. Waiver consideration typically applies to the following:
- Partner visas (820/801, 309/100), where an Australian citizen sponsor or Australian permanent resident supports the applicant
- Adoption and Child visas (101, 802, 102), where the health requirement applies to each family member included in the application
- Humanitarian visas
- Some employer-sponsored pathways (ENS 186 and some temporary employer visas), which may lead to permanent resident status
If the applicant fails the health requirement under these visas, a health waiver submission is required.
In Australia, most skilled and visitor subclasses are assessed using PIC 4005 and have no opportunity for a waiver. Therefore, health waivers mostly apply to applicants who have a relationship with Australian citizens or permanent residents.
When is a Health Waiver Exercised?
A health waiver can be exercised when the applicant does not meet the health requirement attached to a visa subclass that specifies PIC 4007. They are not available for PIC 4005.
A Health Waiver can only be exercised if: The visa applicant has failed to meet the health requirement because a Medical Officer of the Commonwealth (MOC) has assessed that the applicant’s medical condition is likely to result in significant health care or community service costs or prejudice the access of Australian citizens or permanent residents to health care or community services that are in short supply.
- A health waiver is not available if the applicant’s condition poses a direct threat to the public health or safety of the Australian community, such as active tuberculosis or a communicable disease.
- The decision to exercise a health waiver weighs the potential health care and community service costs against compelling and compassionate circumstances. This includes consideration of the applicant’s family support, ties to Australia, capacity to mitigate costs (such as through private health insurance), and any significant benefit the applicant may bring to the Australian community.
- All members of the applicant’s family unit must pass the health examination or be considered for a waiver. If one person fails, the entire family unit’s visa application may be refused.
What is the Eligibility Criteria?
The applicant’s specific visa subclass and personal situation will determine if they are eligible for a health waiver. In general, people who want to get an Australian visa must show that their health condition does not put the Australian community at a serious risk or cost a lot of money in health care or community service.
- The Medical Officer of the Commonwealth (MOC) is in charge of figuring out if the applicant meets the health criteria.
- This assessment looks at the type of health condition and the likely need for health care or community services.
In some cases, applicants may need to show that they can get the proper treatment in Australia by providing more documents or going through more medical tests. The main goal of this process is to make sure that their health condition can be managed without putting too much of a burden on community service costs or making it harder for other Australian permanent residents to access care and community services.
Other Eligibility Criteria
The Department will consider the following factors that could result in a successful health waiver:
- An Australian citizen sponsor has a health condition diagnosis that cannot be treated if they are forced to relocate.
- The applicant has no permanent migration pathway to their home country or any other country.
- Due to a lack of language skills, family support, and career possibilities, the sponsor would be financially unable to live in the applicant’s home country.
- The sponsor possesses or possessed a protection or refugee/humanitarian visa, and a waiver refusal would result in separation from their spouse or children, because they can’t return to the country from which they fled, and they have no third-country option.
- Evidence shows that Australian citizen minor children may experience adverse effects if there is a waiver refusal.
- The sponsor has significant family links to Australia with caring or financial responsibilities.
- Australia would be denied an important benefit that the sponsor or applicant might bring to Australia’s business, cultural or economic, or other growth areas. For example, a specialist skill or highly sought-after business in Australia, or a valuable community service.
- The sponsor and their family are already living in a rural, remote or regional area.
- Non-skilled visa application: the sponsor, applicant or other working family members have occupational skills in high demand as shown on the Medium and Long-term Strategic Skills List (MLTSSL)
- Occupational skills on the Department of Jobs and Small Business Skilled Shortage lists can qualify the applicant or their working family members for skilled visa waiver consideration.
- if not on the MLTSSL or the Department of Jobs and Small Business Skilled Shortage lists, the applicant/sponsor has a unique skillset that is vital to their employer’s business, and/or there is evidence that the employer would suffer detriment if a health waiver was not exercised.
- They have other compelling or compassionate considerations, including the applicant’s or sponsor’s location and circumstances.
How to Have a Successful Health Waiver
Successful health waiver cases follow a series of steps that require careful planning and provide strong proof.
Invitation to Submit
In Australia, to obtain a health waiver, you must wait for the Department of Home Affairs to send you an ‘Invitation to Comment’ after failing the health requirement. They will ask the visa applicant to submit a health waiver application:
- After the first health examination fails
- If a health waiver is available: The visa subclass allows a waiver under Public Interest Criterion 4007
Note: Applicants cannot request a waiver on their own; they must wait for an official invitation.
Gathering Evidence
You need compelling evidence to have an approved health clearance (which confirms your compliance with immigration health standards) and a successful visa application.
- Expert medical specialist reports that explain the health condition, prognosis and treatment plan.
- Financial evidence that shows likely costs for treatment, medication and therapy.
- Private health insurance and funding are demonstrated through bank statements and policy schedules, along with sponsorship agreements that show the capacity to cover potential healthcare or community service costs.
- Access to care: with written confirmation, the applicant can access appropriate treatment through private providers.
- Compassionate circumstances: including family support, Australian citizen minor children, length of residence and community support.
Compassionate and Compelling Circumstances
An applicant who does not meet the health requirement may still be approved when there are strong, compassionate or compelling circumstances. For example, the applicant has:
- Significant family links to Australian citizens or permanent residents
- Caring or financial obligations to Australian citizen minor children
- Or significant community service contributions
Note the following:
- Compelling and compassionate circumstances are assessed on a case-by-case basis by the Department.
- There is no set list of circumstances that can be considered compelling and compassionate.
- Offering to pay your own costs is not acceptable to the Department of Home Affairs.
Simply paying taxes is not typically considered a strong indicator of the ability to mitigate costs.
Mitigation of Community Service Costs
The applicant must show how they intend to reduce the potential health care and community service costs. They can do this by:
- Showing evidence of private treatment option
- Showing availability of services in the applicant’s home country
- Or private health insurance that reduces reliance on Australia’s public health system
Submission via ImmiAccount
The health waiver application must be lodged through the Department’s ImmiAccount portal within the specified deadline (usually 28 days from the invitation).
If you are working with an immigration lawyer or registered migration agent, they will manage this process.
Professional Assistance
The chances of a successful outcome improve substantially with the help of an experienced immigration lawyer or migration agent.
They know how to prepare a well-documented submission that addresses all the relevant criteria.
Decision and Next Steps
Next, the Department’s delegate will weigh the available evidence against the opinion of the Medical Officer.
- Once a health waiver is approved, the visa application can move on to finalisation, provided all other visa requirements are satisfied.
- If refused, applicants may seek a review through the Administrative Appeals Tribunal.
What is the Current Significant Cost Threshold (SCT)?
Public Interest Criterion 4005 applies to most visas and sets the health requirement criteria, which include the visa applicant meeting the ‘significant cost’ and ‘prejudice to access’ requirements.
The MOC uses the Significant Cost Threshold to determine if predicted public expenses are “significant.” As of July 1, 2024, the SCT in Australia is $86,000 AUD. This figure is a forecast of likely medical costs during a specified period.
- Temporary visa applicants are evaluated based on the healthcare and community service expenses incurred during their stay in Australia.
- Permanent visas are assessed over the course of a ten-year period.
Private Health Insurance and Reducing Costs
Being covered by private insurance does not remove the need for MOC projections, but it can support a successful waiver when backed by strong evidence, including:
- Insurance policy terms and exclusions
- Confirmation of the insurer’s availability
- Evidence of coverage for out-of-pocket expenses
Review with the Administrative Appeals Tribunal (AAT)
Visa applicants can ask the Administrative Appeals Tribunal (AAT) to review a decision that denies their health waiver application. The AAT has an independent review process that allows applicants to add new evidence or arguments to their case. The AAT may change the original decision and give the health waiver in some cases, which would allow the applicant to continue with their visa application.
If you’re considering lodging an appeal, it’s a good idea to talk to an experienced migration lawyer or other qualified professional. Unfortunately, the review process is complicated, and you need a deep understanding of migration law and the health waiver provisions.
Protecting Health Care and Community Services
The Australian Government considers the impact on community services when deciding whether to approve or deny a health waiver. That’s because they don’t want to compromise the availability of services for Australian citizens or permanent residents.
Therefore, visa applicants need to show that their health condition will not cause undue prejudice or impact access for other people who depend on these services. You can reduce or eliminate concerns about potential costs and have a successful outcome by providing evidence such as private health cover or other support arrangements.
Australian Visa Health Waivers FAQs
How long does it take to get a no further stay condition waiver?
The decision on a no further stay condition waiver typically takes up to 28 days, although it may take more time if additional information or a medical examination is necessary.
What is the health waiver threshold?
The health waiver threshold, also referred to as the Significant Cost Threshold (SCT), is currently capped at AUD $86,000.
What happens if you fail a medical test for an Australian visa?
Failing an Australian visa medical test can lead to a visa refusal, unless you have a successful health waiver, which is not guaranteed.
