Recent trends in Partner visa health waiver cases


Recent trends in Partner Visa Health Waivers by Andrew Woo, registered migration agent (MARN 1383628) at Taylor & Scott.

There has been a shift of focus from “Compelling Circumstances” to “Occupational Skills” and “Job Prospects” including “Income” of both the sponsor and visa applicant in Australia. It is not to suggest that the importance of those typical factors considered to be compelling, such as Australian citizen children in the relationship, physical separation of the immediate family, the sponsor’s health has diminished. At Taylor & Scott what we are finding is that every partner visa application involving health waiver submissions has its own one or two compelling circumstances. What makes a real difference in those cases can often be in respect of the visa applicant’s skills and ability to gain employment in Australia. Of course, the couple’s circumstances can be so compelling to call for the exercise of discretion to waive the health criteria, despite the lack of any skills or any job prospects from the visa applicant.

Health criteria are there to minimize health care costs to the Australian Government. We can assume that the Government will be more lenient with visa applicants who have great potential and may bring a number of benefits to Australia by way of engaging in full-time employment preferably in occupations in strong demand and paying taxes which will in turn mitigate the health care costs to the Australian Government. The Australian Government has repeatedly emphasized their focus is on the Skilled Migration Program, which has been the back bone of migration to Australia in recent years. The Government has also expressed its clear intention to cut back on the number of various family related migration programs. In the long-run we believe the Government will continue to prioritize the skilled migration program. This attitude will be most likely reflected in the assessment of health waiver submissions by the Department of Immigration.

In our opinion, any applicants for partner visas with adverse medical conditions will have increased chances of obtaining a favourable outcome if they can demonstrate that they have Occupational Skills in demand and Great Job Prospects. This is particularly so for onshore partner visa applicants. Our advice to these applicants is to improve their skills and pursue further studies to improve their job prospects whilst waiting on the progress of their partner visa applications. These can take up to 18 months or more. It would be even better if one can secure stable and well-paid employment within that timeframe. The same logic is also applicable to offshore applicants. At Taylor and Scott Lawyers, we have expertise in health waiver submissions and have a proven track record of many successes over the years.

ANDREW WOO (Registered Migration Agent No. 1383628)

For more information, Contact Lachlan Riches (Registered Migration Agent No. 9473887) or Andrew Woo (Registered Migration Agent No. 1383628) on 1800 600 664 or complete the Contact Form on this page.

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