Australian Immigration Visa Health Waivers
Most applicants for Australian temporary and permanent visas are required to undergo health examinations. Whether a health examination is required depends on several factors, including:
- Country of passport
- Length of stay in Australia
- Purpose of stay
- Type of visa applied for
To meet the health requirement, an applicant must complete the required medical examinations and obtain health clearance. If the health requirement is not met, a visa cannot be granted unless a health waiver is available and successfully exercised.
Health requirements and waivers are governed by Schedule 4 of the Migration Regulations 1994, under the relevant Public Interest Criteria (PICs).
Public Interest Criteria 4005 & 4007
Public Interest Criteria (PIC) 4005
- Applies to most visas.
- No health waiver is available under PIC 4005.
- If an applicant fails PIC 4005, legal representatives may challenge the Medical Officer of the Commonwealth’s assessment by arguing that the medical condition does not meet the threshold for failure under this criterion.
Public Interest Criteria (PIC) 4007
- Applies to certain visas where a health waiver is available.
- If an applicant fails PIC 4007, the Department of Home Affairs may exercise a waiver if satisfied that granting the visa would not result in:
- Undue cost to the Australian community, or
- Undue prejudice to access to healthcare or community services for Australian citizens or permanent residents.
Health Requirement Criteria
Under PIC 4005 and PIC 4007, all visa applicants must:
- Be free from tuberculosis.
- Be free from diseases or conditions that pose a threat to public health.
- Not have a condition likely to require significant healthcare or community services, or prejudice access to those services for Australians.
These requirements apply regardless of whether the applicant intends to use Australian healthcare services.
One Fails, All Fail Rule
If any family member included in a visa application fails the health requirement, the entire application may be refused, even if other applicants meet the health criteria.
Health Waiver Considerations
When assessing a request for a health waiver, the Department may consider a range of compassionate and mitigating factors, including:
- The sponsor (Australian citizen or permanent resident) has a medical condition that prevents relocation overseas.
- The applicant has no viable permanent migration pathway in their home country.
- The sponsor would suffer serious financial hardship if forced to relocate.
- The sponsor holds a Protection or Refugee/Humanitarian visa and cannot return to their home country.
- The impact on minor Australian citizen children if the visa is refused.
- Strong family, financial, or caregiving ties to Australia.
- The applicant’s skills or contributions provide significant benefit to Australia (business, economy, culture, or community services).
- Settlement in regional or remote Australia.
- Occupation listed on the Medium and Long-Term Strategic Skills List (MLTSSL).
- The applicant holds a critical skill essential to their employer’s operations.
- Any other compelling or compassionate circumstances relating to family or personal hardship.
Further Advice on Health Waivers & Health Requirements
Public Interest Criteria 4005 and 4007 are among the most complex areas of Australian immigration law. Professional legal advice is strongly recommended before responding to a health assessment or waiver request.
At RR Patel Overseas And Education Private Limited, we have assisted many applicants who initially failed health requirements, including:
- Challenging adverse medical assessments under PIC 4005
- Successfully obtaining health waivers under PIC 4007
Need Assistance with a Health Waiver?
If your visa application has been affected by health requirements or a medical assessment, contact RR Patel Overseas And Education Private Limited for expert legal guidance. We can help you understand your options and present the strongest possible case for a health waiver.
