Australian Immigration Visa Health Waivers

Most applicants for temporary and permanent visas are required to undergo health examinations. The necessity of these examinations depends on:

• Country of passport
• Length of stay
• Purpose of stay
• Type of visa applied for

To meet the health requirement, an applicant must undergo a health examination and obtain health clearance. If the applicant does not meet the health criteria, the visa cannot be granted unless a health waiver is available and successfully exercised.

The health criteria and available health waivers are outlined in Schedule 4 of the Migration Regulations 1994, under the Public Interest Criteria (PICs).

Public Interest Criteria 4005 & 4007

Public Interest Criteria 4005

• Applies to most visas.
• A health waiver is not available.
• If an applicant does not meet PIC 4005, immigration lawyers may challenge the Medical Officer of the Commonwealth’s assessment, arguing that the medical condition does not fail the PIC 4005 criteria.

Public Interest Criteria 4007

If PIC 4007 is not met, a health waiver may be exercised by the Department of Home Affairs.

A waiver can be granted if the Department is satisfied that granting the visa will not result in:

• Undue cost to the Australian community.
• Undue prejudice to healthcare or community services for Australian citizens and permanent residents.

Health Requirement Criteria

Under PIC 4005 and PIC 4007, all visa applicants must:

• Be free from tuberculosis.
• Be free from a disease or condition that poses a threat to public health.
• Not have a condition that would likely require significant healthcare services or prejudice access to healthcare or community services for Australian citizens or permanent residents.

The criteria apply regardless of whether the applicant intends to use Australian healthcare services.

One Fails, All Fail Rule

If any family member included in the visa application fails the health requirement, the visa will be refused for all applicants.

Health Waiver Considerations

When an applicant requests a health waiver, the Department considers various mitigating factors, including:

• The sponsor (Australian citizen or permanent resident) has a health condition that prevents relocation.
• The applicant has no permanent migration pathway to their home country.
• The sponsor would face serious financial hardship if forced to relocate.
• The sponsor holds a Protection or Refugee/Humanitarian visa, preventing them from returning to their home country.
• The adverse impact on minor Australian citizen children if the visa is refused.
• The applicant or sponsor has strong family ties in Australia and provides financial or caregiving support to Australian family members.
• The applicant’s skills or contributions are of significant benefit to Australia, such as specialized expertise in business, economy, culture, or community services.
• The applicant or sponsor is settled in a regional or remote area.
• The applicant’s occupation is in high demand, as listed on the Medium and Long-Term Strategic Skills List (MLTSSL).
• The applicant holds a critical skill that is essential to their employer’s business.
• Any compassionate or compelling factors, including the location and situation of the applicant’s family members.

Further Advice on Health Waivers & Requirements

The Public Interest Criteria (PICs) 4005 and 4007 are complex aspects of immigration law, and professional legal advice is highly recommended.

At Global Vision Migration, we have successfully assisted applicants who initially failed PIC 4005 and helped clients obtain health waivers under PIC 4007.

Need Assistance with a Health Waiver?

If your visa application has been affected by health requirements, contact Global Vision Migration today for expert legal guidance on health waivers and visa eligibility.