Moving to Australia is only possible with an approved visa from the Department of Immigration and Border Protection. There are a range of visa categories and non-Australian citizens are required to hold the correct visa depending on their reason for coming to Australia, whether it be for study, work or simply to live. The visa application process across all categories can be rigorous, involving considerable paperwork, interviews and medical checks to ensure health requirements are met. If a visa applicant or their dependants fail to meet health requirements their visa application will be denied, unless they have a health waiver, which an applicant may be eligible for under some visa categories.

Why Would an Applicant Fail a Health Check?

Health checks within the broader visa application process are designed to maintain Australia’s high health standards and protect the community from public health and safety risks. An applicant will fail to meet health requirements if they have a condition or disease that is:considered to be a threat to public health or a danger to the Australian community

• considered to be a threat to public health or a danger to the Australian community
• likely to result in significant health care and community service costs to the Australian communitylikely to require health care and community services that would limit the access of Australian citizens and permanent residents to those services as they are already in short supply.
• likely to require health care and community services that would limit the access of Australian citizens and permanent residents to those services as they are already in short supply.

What is a health waiver?

Under certain circumstances, if a visa applicant fails to meet health requirements they may be eligible for a health waiver. If a health waiver is exercised then a visa can still be approved despite the applicant failing health requirements. It is important to note that a visa applicant with a condition or disease that poses a threat to public health or danger to the Australian community will not be eligible for a health waiver.

There are two types of health waivers:

• The first type of waiver, a Public Interest Criteria (PIC) 4006A health waiver, applies specifically to those applying for a Temporary Work (Skilled) (subclass 457) visa. Where an applicant fails to meet health requirements because they themselves or a dependant have a condition or disease likely to result in significant healthcare costs, the Australian employer can sign a ‘nominator undertaking’ in which they agree to meet all costs relating to the health condition that caused the applicant or their dependant to fail the health requirement.
• The second type of health waiver, a PIC 4007 health waiver, applies to all other visa categories with a health waiver provision. To exercise this health waiver, the Department of Immigration and Border Protection must be satisfied that visa approval would not result in undue costs or pressure on health care and community services. Proving the granting of a visa would not result in undue costs or pressure on health care can make this type of health waiver a far more complicated process.

Obtaining a Health Waiver

If you have applied for a visa that has either PIC 4006A or PIC 4007 as part of its health requirements and have been found to have failed to meet the health requirement, you may be eligible for a health waiver.

Once you have been assessed as not meeting the health requirement, you will be invited to submit additional material in favour of a health waiver being granted. Each health waiver is examined on a case by case basis. Gathering and submitting the right additional material is crucial to the outcome of your case and requires the expertise of an experienced professional who is familiar with the law and policy guidelines.

Taylor and Scott Lawyers have been assisting clients prepare and submit health waiver submissions for more than 15 years. The team of migration law experts have helped clients with a range of medical conditions and even represented clients at the Migration Review Tribunal and Administrative Appeals Tribunal. With a successful track record, Taylor and Scott Lawyers pride themselves in handling your case competently, sympathetically and efficiently.

To help ensure your future in Australia call Taylor & Scott Lawyers on 1800 600 664 or fill out the online contact form for more information on how we can help you.

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