Australian visas can be subject to a requirement that commits applicants to demonstrating that they meet certain health criteria.
In order to determine an applicant’s capacity to do this, certain temporary and most permanent visa applicants need to undertake a health examination to satisfy the Department of Immigration & Border Protection (‘DIBP’) that they meet those criteria, details of which we will explore below. An immigration health check in this respect, can and often does, include a HIV test.
Does Australia Allow HIV Positive Immigrants?
Yes, Australia does allow people with HIV to migrate—but there are important considerations:
Temporary Visas
If you’re applying for a certain temporary visa, such as a visitor, working holiday, study, or temporary work visa, your HIV status generally is not a barrier. Most of these visas don’t involve a long-term health cost assessment, so HIV alone is unlikely to prevent approval.Permanent Visas
Here, the requirements are significantly stricter. All permanent visa applicants must meet Australia’s health requirement, which assesses whether their condition would impose a significant cost on the community—often due to healthcare costs like antiretroviral treatment. Many HIV-positive applicants fail this initial health test.Health Waivers
Fortunately, health waivers may be available for some permanent visas—partner visas, certain employer‑sponsored skilled visas, refugee/humanitarian visas, and possibly the Global Talent visa. These waivers can be granted on a case-by-case basis, considering factors such as family ties, potential contributions to Australian society, or humanitarian need.Protection (Asylum) Visas
If you’re seeking asylum or protection on humanitarian grounds, the health requirement related to HIV can be waived, so HIV cannot be used to refuse such applications.
In short: temporary visas are generally accessible, but permanent residency requires strategic planning and often a waiver and not all types of permanent visas have a health waiver.
Health Requirements for those Living with HIV
Where applicable, affected visa applicants are assessed against a number of different health requirements which are contained across Schedule 4 of the Migration Regulations 1994. The requirement in each criterion generally requires applicants to be assessed against the following:
- Whether the non-citizen is free from tuberculosis; and
- Whether the non-citizen is free from a disease or condition that is, or may cause him/her to be, a threat to public health in Australia or danger to the Australian community; and
- Whether the non-citizen is free from a disease or condition which would be likely to require health care or community services or, meet the medical criteria for the provision of a community service and that the provision of such services would be likely to:
- Result in a significant cost to the Australian community in the areas of health care services
- Prejudice the access of an Australian citizen or permanent resident to health care or community services.
This test applies regardless of whether the healthcare or community services will be used in connection with the non-citizen with the relevant disease or condition.
HIV and Australian Visas
Whilst the first two of the above requirements are not generally relevant in our view to those with HIV, the third one usually is.
In this respect, the DIBP in carrying out an assessment of an applicant’s capacity to satisfy this requirement, engages the services of a medical officer to provide an opinion as to whether an affected applicant’s condition would likely result in significant healthcare and community service costs if a visa were to be granted. The current DIBP policy threshold for the level of costs regarded as being significant is $86,000.00.
Permanent Residency
For permanent visa applicants, the time period for estimating costs is generally assessed over a five year period, but can be longer.
Because of that threshold and the relatively high costs of the Highly Active Anti-Retroviral Therapy program, it is often the case (depending on the nature of the applicant’s viral load and condition) that a person living with HIV cannot satisfy the relevant health requirement.
Temporary Visa Applicants
For temporary visa applicants, the estimated cost for their proposed stay in Australia is assessed over the visa period.
Generally speaking, and despite the foregoing, HIV positive applicants who are not on treatment and not anticipated to be for the duration of any visa can receive lower costings or even meet the health criteria for shorter-term visas. Because of this, care needs to be taken in terms of what period of stay is proposed in any temporary visa application.
Can I get permanent residency in Australia if the non-citizen is HIV positive?
Yes, you could achieve permanent residency in Australia if the non-citizen has a positive HIV status, depending on:
- The type of permanent visa
- If the applicant has an accepted health waiver submission
Health waivers can be obtained for a range of family, skilled, and other visa types, but they are not universally available. A health waiver can be accessed for an active health condition if you can demonstrate that certain circumstances exist which warrant a waiver of the relevant health requirement.
If a non-citizen is HIV positive, can they get a partner visa?
The answer to this is yes, potentially they can. Partner visas include a health waiver; however, this does not guarantee that a non-citizen affected by health issues will achieve a successful outcome.
A non-citizen applicant living with HIV who is applying for a visa that has a health waiver provision must explore whether there is scope for them to argue that they meet the requirements for a health waiver.
For any visa applicant, careful consideration must be given to whether the person can meet the legislative requirements to lodge an application and be granted the visa. This is no different, but perhaps even more important, for those who are HIV positive.
Can You Work in Australia if You are HIV-Positive?
Yes, you can work in Australia if you are HIV-positive—but specific rules apply:
- With a Temporary Visa
You’re able to work normally under most temporary visa schemes. Your HIV status typically won’t block you from working, unless you’re applying for a visa with a medical assessment that raises long-term cost concerns. (halc.org.au, Living Positive Victoria) - With a Permanent Visa
If your health condition initially fails the criteria, you may still be granted residency—and permission to work—if a health waiver is approved for your visa type. Such a waiver is considers multiple factors and ia on a case-by-case basis. - Disclosure & Documentation
Honesty is critical. You must truthfully answer health questions—including HIV status. Providing detailed medical documentation (like treatment history, current viral load, and employment capacity) and working with a qualified migration agent or lawyer is strongly recommended. - Access to Healthcare
Once you’re in Australia—regardless of visa type—there is access to free or low-cost HIV treatment, even if you don’t qualify for Medicare.
What Factors are Considered for a Health Waiver?
The DIBP generally includes the following circumstances when deciding whether to grant a health waiver:
- The impact on any Australian citizen children and the extent of any family ties
- The effect on an applicant’s health if forced to relocate
- The benefits the affected applicant and/or their family members can bring to the Australian community and the economy more generally by allowing the waiver
- The applicant and/or any sponsor’s ability to offset the potential costs of treatment; and, amongst other things
- Any other relevant factors
Advice from a Lawyer or Registered Migration Agent
Making a visa application for a person with a positive HIV status requires careful strategic planning to identify the Australian visa subclasses with a health waiver provision.
Once the visa options are identified, (and in conjunction with any treating providers), you must establish the full extent of the health condition, such as
- The current CD4+ cell count
- The treatment algorithm being pursued
- Whether there are related infection issues (amongst other factors)
Once the health landscape is established, detailed preparation and evidence gathering must be directed towards the chosen pathway to ensure that, despite the diagnosis, the affected applicant has the best prospects for entering or remaining in Australia.
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Seek Migration Law Advice
Migration law concerning HIV is complex and frequently updated. Consult a registered migration agent or lawyer experienced in HIV-related cases.
- Prepare Excellent Medical Evidence
Your migration agent or clinician can help assemble a strong medical package that includes your treatment history, health status, ability to work, and what you’re contributing to the Australian community. - Choose the Best Visa Path
Temporary options (work, study, partner visa) may be more viable initially. For long-term residency, consider pathways that allow health waivers—like partner- or employer‑sponsored visas, or Global Talent and humanitarian pathways. - Be Transparent and Timely
Always answer health-related questions truthfully. Keep track of application, medical, and visa deadlines.
