Meeting the health requirements is a legislative prerequisite for the majority of Australian visa applications. This requirement assists the Department of Home Affairs (DHA) in managing public health risks, containing expenditure on health and community services, and preserving access to healthcare services that are in limited supply.
The DHA assesses visa applicants against the Public Interest Criteria (PIC) under the Migration Regulations. According to the health-related PICs (4005 and 4007), a visa applicant must meet the health requirements before their visa is granted. In cases where an applicant is unable to meet the health requirements, a health waiver may be considered, depending on visa subclass and individual circumstances.
What Is a Health Waiver?
A health waiver is a formal exception available for certain visa subclasses. If a visa applicant is found to not meet the health requirements because of a medical condition, the visa cannot be granted unless a health waiver is available and used. However, consideration of a health waiver is subject to specific statutory conditions, including the availability of a waiver for the visa subclass, the nature of the applicant’s health condition, and the supporting evidence provided.
Which Visas Allow a Health Waiver (PIC 4007)?
The health waiver process starts with checking whether a waiver is available for your specific visa. Here is a breakdown of which visas allow a health waiver in Australia and which do not:
Visas Where Health Waivers May Apply
Visa applicants or their non-migrating family members may be eligible for a health waiver if the relevant visa is subject to Public Interest Criterion (PIC) 4007. Relevant visa subclasses include:
Visas Where Health Waivers Are Not Available (PIC 4005)
If an applicant or their non-migrating family members apply for a visa under the PIC 4005, health waivers are not available.
Important Update: Significant Cost Threshold (SCT)
During an applicant's health requirement assessment, a Medical Officer of the Commonwealth (MOC) informs the DHA about their medical condition, that is, if it may bear significant health care costs to the Australian community. As per the regulations, “significant cost” refers to any amount “higher than the average health and community services cost for an Australian.” These community services include Australian social security benefits, pensions, and allowances, as well as special education, accommodation support, and home and community care.
In 2024, the Significant Cost Threshold (SCT) was increased from $51,000 to $86,000. If the MOC's assessment shows that the applicant's condition may include potential costs above the SCT, they cannot meet the health requirement. This triggers consideration of a health waiver, subject to statutory and policy criteria.
Who Can Decide a Health Waiver?
Based on an MOC's assessment, the DHA determines whether a visa can be granted or not under the health requirements. If an applicant does not meet the health requirement and a waiver is available, they must submit evidence in support of a health waiver to the Department for consideration. The Department assesses health waiver requests on a case-by-case basis, having regard to all relevant statutory criteria and policy considerations.
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When Can a Health Waiver Be Exercised?
A health waiver can only be exercised under certain conditions. Here is an overview of when waivers are considered and when they are not applicable:
Situations Where a Health Waiver Cannot Be Granted
Health waivers cannot be granted if an applicant:
- Has active tuberculosis (TB) or any other health condition posing a public health risk
- Has a disease or condition likely to result in high costs or prejudice access to healthcare or community services for Australians.
Conditions That Must Be Met for a Waiver
To be eligible for a health waiver, an applicant must:
- Be unable to meet the health requirements, as per the MOC's assessment
- Fulfil all the other eligibility criteria of their specific visa subclass
- Receive the approval of the s65 delegate, once they are satisfied that granting the visa is unlikely to result in undue costs and prejudice to access for the Australian community
What Is “Prejudice to Access”?
“Prejudice to access” refers to when an applicant's health condition is likely to prevent Australian citizens and permanent residents from accessing health care and community services with limited supply. Currently, these include dialysis and organ transplants.
What Do “Undue” and “Mitigate” Mean in Health Waivers?
While these terms are not defined under Australian migration law, they are key to waiver approvals. Here is what they mean:
Meaning of “Undue Cost”
By definition, “undue” refers to anything excessive or too great. When a visa applicant fails to meet their health requirement, the DHA considers various factors to determine if their condition can cause undue costs to the healthcare system.
What Does It Mean to Mitigate Health Costs?
By definition, “mitigate” refers to lessening or making something less severe. In health waiver assessments, factors such as family support, private health insurance, or alternative funding arrangements may be considered in assessing whether potential costs to the Australian community are mitigated.
How Health Waiver Applications Are Assessed
While the process of getting a waiver depends on health grounds, there are certain protocols applicants must follow to ensure smooth completion. These revolve around the two key parts: completing the Health Assessment Portal (HAP) procedure and, if required, a referral to the DHA's Health Policy Section.
Health Assessment Portal (HAP) Process
Applicants must prepare a health waiver submission and upload it to the Health Assessment Portal (HAP). Part A is completed by the applicant or their migration representative, and Part B by the visa decision maker.
When Health Policy Section Review Is Required
In certain cases, the HAP will notify if a Health Policy Section review is required before the s65 delegate makes their decision. In such situations, the Health Policy Section Director provides a recommendation, and the final decision still rests with the delegate. This step is usually required in cases where:
- The potential costs are $500,000 or higher (excluding offshore humanitarian cases)
- There are possibilities for prejudice to access
Evidence That Supports a Health Waiver
Sufficient evidence is vital for supporting a health waiver case, without which it may not be granted. Supporting evidence may include:
- Documentation of measures to minimise public costs (e.g., private health insurance, family covering costs, overseas treatment)
- Evidence of social and economic contribution (e.g., asset ownership, employment, community service)
- Compelling and compassionate circumstances (e.g. significant family links in Australia, inability to access treatment overseas, lack of viable migration options)
Compassionate and Compelling Circumstances
The DHA considers every applicant's situation, with supporting evidence, when assessing their waiver submission. This also includes compassionate and compelling circumstances that may apply to the case, proving the need for a waiver. These include situations such as when:
- The sponsor is diagnosed with a serious medical condition and cannot access the required treatment if forced to relocate outside Australia.
- The sponsor has or previously had a Protection or Humanitarian/Refugee visa, and without a waiver, they would be unable to return to their previous country and get separated from their family.
- The sponsor has no permanent migration option to the applicant's home country.
- There is evidence of a harmful impact on Australian citizen minor children if no waiver is granted.
- The Department may also consider whether the applicant or sponsor possesses skills or experience that align with Australia’s business, cultural, or economic priorities, including demonstrated community service or employment in critical sectors.
- The sponsor has significant family links and has demonstrated obligations towards them in Australia.
- The sponsor or their family is already well-established in a regional, rural, or remote area in Australia.
- The sponsor or applicant (and/or their working family member) for a non-skilled visa has skills belonging to the Medium and Long-Term Strategic Skills List (MLTSSL) and is already employed in high-demand occupations in Australia.
- There are other compelling circumstances, such as the applicant's or sponsor's location, family dependencies, etc.
Health Waivers and ART Review
In case of a waiver refusal, the applicant can still seek a review from the Administrative Review Tribunal (ART). The ART remits waiver cases based on meeting PIC 4007 (2), where the applicant's condition is unlikely to cause undue costs or prejudiced access.
For remitted waivers, applicants may need to undertake additional health examinations. Once the ART has remitted the case and there are no pending health examinations, the waiver can be finalised in the HAP, and a visa can be granted once all the other visa criteria are met.
Why Professional Advice Is Relevant for Health Waivers
Whether you are an Australian citizen sponsor or a fresh applicant, legal representation is essential for navigating the waiver submission confidently. It is often too complex to understand, especially with various obligations and changing regulations surrounding health waivers. Qualified immigration professionals have the required experience to help you clearly understand your waiver obligations, submission protocols, evidence requirements, and other critical steps.
Need Help With a Health Waiver?
Australian Migration Lawyers assists clients in navigating complex health waiver matters, including reviewing Medical Officer of the Commonwealth (MOC) assessments, preparing submissions, and liaising with the Department of Home Affairs. Contact our team to discuss your circumstances and receive tailored legal advice regarding health waivers.
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Questions fréquemment posées
What Is a Health Waiver for an Australian Visa?
A health waiver is a formal process by which an applicant who does not meet health requirements may be considered for visa grant under specified conditions.
Which Australian Visas Allow a Health Waiver Under PIC 4007?
Refugee/humanitarian visas, Temporary Skill Shortage (SC482) visas, SC500 student visas, and certain non-humanitarian, skilled, and employment visas allow waivers under PIC 4007.
What Is the Current Significant Cost Threshold for Health Waivers?
The current SCT for health waivers in Australia is $86,000.
Can a Visa be Granted If a Family Member Fails the Health Requirement?
If the family member meets the eligibility criteria for a health waiver, visa grant may be possible.
What Evidence Can Improve the Chances of a Health Waiver Being Approved?
Evidence of compelling circumstances, limited projected medical costs to the Australian community, and significant social and economic contributions may be relevant in the Department’s consideration of a health waiver.
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