Is your visa application likely to be refused because you do not satisfy the required health check?
At Taylor & Scott Lawyers we can provide you with expert advice from a registered Migration Agent, on whether you can apply for a waiver of the health requirement contained in your visa application.
What is the health requirement?
Applicants for a permanent or temporary visa to Australia must satisfy the health requirement specified under the migration law, which is designed to minimise public health and safety risks to the Australian community.
Permanent visa applicants must undergo the following health checks to satisfy the health requirement:
- A medical examination.
- An x-ray if eleven years of age or older.
- A HIV/AIDS test if fifteen years of age or older (younger in some cases).
- Any additional tests requested by the Medical Officer of the Commonwealth.
Temporary visa applicants may be required to undergo a medical examination and other health checks. The health checks will depend on the length of time the applicant proposes to be in Australia and the tuberculosis rating of their current and previous countries of residence, and in some cases the work or other activity they plan to do while in Australia.
How do I satisfy the health requirement?
A Medical Officer of the Commonwealth will advise the Department of whether, in their opinion, you have satisfied the health requirement. If that Officer is of the opinion that your medical condition would be a “significant cost” to the Australian community or prejudice Australians accessing our medical services you will not pass the health test.
Am I eligible for a medical waiver?
For certain types of visas the health requirement can be waived. That means that even if you, or a family member, do not pass the health test, a visa may be granted if a waiver is granted. At present health waivers are confined to partner migration, refugee and a very limited number of business visas. We can advise in advance whether you can qualify for a waiver if you think that you or a family member may have significant health issues.
The waiver is exercised on a case by case basis and at Taylor & Scott Lawyers we can assist you in making a medical waiver application as part of your visa application. Our Migration Partner, Lachlan Riches one of Australia’s most experienced experts in developing the special compelling or compassionate grounds that might entitle you to a health waiver and your visa.
See MARA Code of Conduct.
Key Contacts:
At Taylor and Scott Lawyers, we care for you. Contact Lachlan Riches on 1800 600 664 or email us by filling the contact box on the right of this page.