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For the majority of permanent Australian Visas, as well as some temporary visas, the health status of a visa applicant(s) is a relevant factor and certain “Public Interest Criterion” (PIC), including PIC 4005, PIC 4006A and PIC 4007, will apply as a criterion to the grant of the visa. This basically means that an applicant (and any dependant’s included on the applicant’s application), must pass a health test to be granted the visa they have applied for.
As part of the visa application process, an applicant(s) will have their health condition assessed by a Medical Officer of the Commonwealth (MOC). To pass the health exam, the MOC who assess an applicant’s health must certify that the applicant(s) is free from:
The policy threshold for the level of costs regarded as significant is currently AUD$40 000.
Significant costs are assessed:
As outlined above, you will also not meet the health requirement if a MOC determines that your condition is likely to prejudice the access of Australian citizens or permanent residents to health care and community services in short supply. In other words, if your condition is likely to limit access of Australian citizens or permanent residents to health care and community services in short supply, then you will not meet the health requirement.
No diseases or health conditions automatically result in a failure to meet the health requirement on significant cost grounds. This is because the likely costs will depend on the form and severity of the condition.
However, the five most common diseases that permanent visa applicants who have failed the health requirement have been identified with are:
If a MOC assesses you as unable to meet the health requirement, your visa application will be refused unless a “Health Waiver” is available and exercised.
A Health Waiver may be considered where you satisfy the Department of Immigration and Border Protection that the granting of the visa would be unlikely to result in undue costs or prejudice to access of an Australian citizen or permanent resident to health care or community services. These waivers are referred to as a “PIC 4007 Health Waiver”.
The Health Waiver applies in circumstances where it is in the best interests of the Australian community to waive the health criteria.
A Health Waiver is only available to be considered for applicants of certain visa subclasses, including, amongst others:
There is a Health Waiver available to applicants for other visas in limited circumstances.
No Health Waiver is available where you have been found to have active tuberculosis, or another condition considered to be a threat to public health in Australia.
When deciding whether to exercise a Health Waiver, the DIBP will take into account the following mitigating factors:
You do not need to apply for a Health Waiver. If you are eligible to be considered for a Health Waiver, the DIBP we will send you an “Invitation to Comment” advising that you (or your dependants) have failed to meet the health requirement and that a Health Waiver is going to be considered. The Invitation to Comment will invite you to put forward claims and information in support of a Health Waiver being exercised. Once your response has been received, the DIBP will then assess:
There are several stages to applying for Australian citizenship, and one of the most fundamental is meeting the necessary health criterion. This part of the process is to show that the applicant doesn’t pose a health risk to the community and is unlikely to significantly impact the public health system. When applying for Australian citizenship, applicants must undergo a health screening, evaluating the complete status of their health. Failing the assessment can lead to an Australian visa rejection for medical reasons. However, The Immigration Lawyer can assess your situation and see if we can overcome the issue with a health waiver.
Something that can influence the results of a health assessment for Australian citizenship are mitigating factors. Depending on the condition’s severity, it might be possible to provide evidence of family support, effective treatment, or management to prove that you won’t burden the healthcare system. With the help of The Immigration Lawyer, you will have the support and guidance to collect all necessary evidence to obtain a health waiver for Australia. If this is an issue you are facing, contact us to see how our services can help.
It is likely that when an application for Australian citizenship is put on hold due to health concerns, an invitation to comment on the potential refusal will be sent out. This is an opportunity to present additional evidence and information that may help with your case. With our health waiver service, we will ensure you are well-prepared and every action is taken to support your application.
Some of the more common reasons a person may face Australian visa rejection for medical reasons are when a health concern poses a risk to the general public or a person is dealing with a severe health issue that may result in substantial costs.
If you’re applying for Australian citizenship but believe a health issue may get in the way, we are here to help. The Immigration Lawyer can take away the stress of the process while you focus on your health. We will provide full support and guidance, ensuring you have all the necessary evidence to obtain your visa waiver for Australian citizenship.
If you have been issued an Invitation to Comment in relation to a Health Waiver, or have been refused a visa on health grounds, you should contact us immediately so we can assist you in formulating your response to the Invitation to Comment or prepare your application for review to the AAT.
We offer all our prospective clients an initial meeting, during which we will thoroughly explain the law surrounding this area of the law to you and inform you of the process moving forward.
To organise an initial consultation with us, please contact one of our experienced immigration lawyers on (02) 9590 3987.
If you would like to proceed with our firm or require further information, simply complete our enquiry form below or email or phone us.
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After an initial discussion, we can organise a confidential consultation with our legal experts to discuss all of your immigration needs.
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The Immigration Lawyers practice solely in the field of Australian immigration law. Contact us for local expertise and give your visa application the best chances of success.