Health Waiver
A Health Waiver allows visa applicants with medical conditions to still be granted a visa if they can prove they won’t cause a significant burden on Australia’s healthcare system or community.
Health Waiver Overview
In Australia’s visa process, health requirements often become a major challenge for many applicants. For those with chronic conditions or special medical needs who cannot meet standard health criteria, a Health Waiver offers a second chance to continue their visa journey.
If it can be shown that granting the visa will not impose a significant burden on Australia’s healthcare system or the community, the visa officer still has the discretion to approve it.
With extensive experience in health waiver cases, HECT has successfully helped many clients obtain their visas through meticulous document preparation and strong legal submissions.
Why Health Requirements Exist
Under Australian migration law, applicants for most temporary and permanent visas must meet health requirements. These are governed by Public Interest Criteria (PIC) 4005, 4006A, and 4007, aiming to:
Protect the Australian community from public health risks;
Control government spending on welfare, public healthcare, and aged care;
Ensure Australian citizens have access to limited public health resources.
Health checks apply not only to the main applicant but also to all family members included in the application. If any family member fails to meet the requirement, the entire application may be refused.
The health requirement varies depending on several factors:
Applicant’s home country;
Travel history;
Visa type (temporary or permanent);
Intended duration of stay in Australia;
Applicant’s health condition;
Occupation;
Nature of activities planned in Australia.
4005 vs 4006A vs 4007
PIC 4005 — No Waiver Available
PIC 4005 sets out the standard health requirement for Australia and applies to most independent or skilled visa subclasses.
Under this criterion, the applicant and any accompanying family members must meet Australia’s health standards.
Once the Medical Officer of the Commonwealth (MOC) determines that the applicant does not meet the health requirement due to potential high treatment costs, the visa must be refused, as no waiver is available under this criterion.
In summary, PIC 4005 focuses on two key factors:
Whether there is a risk to public health or safety;
Whether the applicant’s predicted healthcare or community service costs would exceed the “significant cost threshold” set by the Department.
If the MOC believes the applicant’s condition would likely result in excessive costs, the visa must be refused, even if the applicant personally can afford treatment.
PIC 4006A — Employer Undertaking Mechanism
PIC 4006A typically applies to employer-sponsored visas (such as the Subclass 482 visa).
This provision allows the visa to be granted even if the health requirement is not fully met — provided that the sponsoring employer signs a written undertaking accepting financial responsibility for any potential healthcare or community service costs that may arise.
It is therefore not a “health waiver” but rather an employer undertaking mechanism.
If the Department accepts the employer’s written undertaking to bear these costs, the visa may be approved. However, if the employer is unwilling or unable to provide this undertaking, the visa will be refused.
In other words, under PIC 4006A, the outcome depends not on the applicant’s health condition alone, but on whether the sponsoring employer agrees to cover the anticipated costs or risks.
PIC 4007 — Health Waiver Available
PIC 4007 is currently the only provision that allows a formal health waiver.
It generally applies to visa subclasses such as Partner visas, Child visas, and some Employer-Sponsored visas.
When the applicant or a family member fails to meet the health requirement, the Department will consider whether:
The applicant and their family have sufficient financial, economic, or social capacity;
There are compelling or compassionate reasons for granting the visa despite the health condition;
Granting the visa would not significantly affect access to health or community services for Australian citizens or permanent residents.
In other words, PIC 4007 provides flexibility for applicants to demonstrate that the refusal of the visa would be against the public interest or result in undue hardship.
As long as the applicant can prove their condition will not cause an unreasonable cost or negative impact on the Australian community, the decision-maker has discretion to grant the visa.
Visa Types Eligible for a Health Waiver
According to Australian migration law, the following visa subclasses allow a health waiver in specific circumstances:
Offshore Humanitarian Visa
Employer Sponsored Visas
Subclass 186 Employer Nomination Scheme (ENS) — for transitional stream only
Subclass 187 Regional Sponsored Migration Scheme (RSMS) — for transitional stream only
Partner Visas
Subclass 309 & 100 Offshore Partner Visa
Subclass 820 & 801 Onshore Partner Visa
Subclass 300 Prospective Marriage Visa
Child Visas
Subclass 101 Offshore Child Visa
Subclass 102 Adoption Visa
Subclass 445 Dependent Child Visa
Subclass 802 Onshore Child Visa
Business and Investment Visas
Subclass 188 Business Innovation and Investment (temporary extension stream only)
Subclass 888 Business Innovation and Investment (permanent stage)
When a Health Waiver May Apply
A visa may be refused if the applicant or a family member fails to meet the health requirement. However, the Department’s Medical Officer (MOC) may advise that:
The applicant’s condition will not impose a significant cost on Australia’s healthcare or community services;
Granting the visa will not cause undue pressure on healthcare resources;
Australian citizens and permanent residents will not be unfairly impacted.
The visa officer may then consider the following when deciding whether to grant a waiver:
Whether the applicant or family can offset potential healthcare costs;
The applicant or family’s skills, qualifications, English ability, and employment prospects;
Whether the applicant has strong family ties in Australia;
Whether refusing the waiver would negatively affect Australian citizen children;
Whether refusal would cause family separation or hardship to an Australian sponsor;
Whether the applicant has community or social links in Australia;
Any other compassionate or compelling circumstances.
What Counts as a Significant Cost
The current “significant cost” threshold is AUD $86,000.
Assessment method:
For temporary visa applicants, costs are assessed based on the intended period of stay in Australia;
For permanent visa applicants, costs are assessed over a five-year period (or three years for applicants aged 75 or above).
If the MOC determines that an applicant’s condition may prevent Australians from accessing health or community services, the person may be found not to meet the health requirement.
Conditions That Cannot Be Waived
Applicants with serious contagious diseases, such as HIV/AIDS or tuberculosis, that pose a significant public health risk to the Australian community are not eligible for a health waiver.
One Fails, All Fail
Under Australian migration law, visa applications are assessed on a family unit basis. This means that if any member of the applicant’s family unit fails to meet the health requirement, the entire visa application may be refused. This is known as the “one fails, all fail” principle.
For example, if a spouse or child is assessed as likely to cause significant cost to Australia’s healthcare or community services, the visa can be refused even if the main applicant is in perfect health.
However, for certain visa subclasses — such as Partner visas (820/801, 309/100) or Employer Nomination Scheme visas under PIC 4007 — applicants may seek a health waiver. In such cases, the Department will weigh the costs against compelling family or humanitarian factors, including the importance of family unity, the best interests of Australian citizen children, and social integration.
Recent Policy and Legislative Updates
Australia’s health requirement framework is subject to regular updates:
Significant Cost Threshold: As of July 2024, the estimated cost threshold for MOC assessments has increased to AUD 86,000, up from AUD 51,000.
Child Health Exemption: From October 2024, children born in or usually residing in Australia may be exempt from standard health criteria under specific circumstances.
Assessment Reform: MOC evaluations now focus more on the controllability of conditions and proportionality of community impact rather than static cost estimates.
These updates provide potential relief for applicants who may have previously faced automatic refusals due to medical concerns.
Common Misconceptions
Common misconceptions include:
-
Myth 1: Having private insurance guarantees a health waiver.
The MOC uses a “hypothetical person” model — insurance coverage doesn’t automatically change the cost assessment. -
Myth 2: Submitting more documents ensures approval.
A waiver is discretionary and must satisfy PIC 4007 with compelling justification. -
Myth 3: Every visa allows a health waiver.
Only subclasses linked to PIC 4007 (e.g., Partner, Employer Nomination, certain Humanitarian visas) are eligible. -
Myth 4: The decision is purely financial.
Broader factors such as public health risk and access to services are equally considered.
If a Health Waiver Is Refused
The visa will be refused due to failure to meet health requirements;
The applicant may seek review through the ART appeal process (if applicable);
If the appeal is unsuccessful, the visa will be finally refused, and the applicant may be required to depart Australia.
Frequently Asked Questions
What key factors does a case officer consider when assessing a health waiver?
The case officer mainly considers three aspects: whether the applicant’s condition would cause significant healthcare or community costs, whether it would limit access to medical services for Australian citizens or permanent residents, and whether there are compelling compassionate or humanitarian reasons such as family unity or long-term residence.
If the Medical Officer of the Commonwealth (MOC) assesses the cost as “too high,” can a waiver still be approved?
Yes. The visa officer has the discretion to grant a waiver after considering other factors such as the applicant’s economic contribution, family circumstances, social value, and humanitarian grounds.
Is the health waiver approved by the MOC or the visa officer?
The MOC only assesses the applicant’s medical condition and cost impact; it does not approve or refuse the waiver. The visa officer makes the final decision based on the overall circumstances and policy framework.
Which visa subclasses allow a health waiver?
Common eligible subclasses include 186, 187, 188, 888, Partner, Child, and some Humanitarian visas. Different subclasses are assessed under different health criteria (PIC 4005 or 4007).
How is “significant healthcare or community service cost” calculated?
It is generally based on the estimated cost over the next five years (or three years for applicants aged 75 or above). If the projected cost exceeds the threshold (around AUD $86,000), it is considered a “significant cost.”
If an applicant has a chronic illness but can pay privately, can their visa still be refused?
Yes, it’s possible. Even if the applicant pays privately, the MOC may still find that their medical needs could place pressure on public resources or reduce access for others, leading to a failure to meet health requirements.
Can a health waiver be granted based on economic contribution?
Yes. If the applicant can demonstrate that they or their family make a substantial contribution to the Australian economy, workforce, or community, this can strongly support the waiver decision.
Can a family member’s health condition affect the main applicant’s visa outcome?
Yes. The health requirement applies to all accompanying family members. If even one person fails to meet the standard, the entire visa application may be refused unless a waiver is successfully granted.
If a visa is refused, can the ART reconsider the health waiver decision?
Yes. The ART can review the case and reconsider the evidence but must apply the same health assessment principles. It cannot override the MOC’s medical opinion but can examine whether discretion was properly exercised.
Does obtaining a health waiver affect future PR or citizenship applications?
Not directly. However, if the applicant’s health condition worsens or significantly increases public costs later, they may be required to undergo a new health assessment when applying for PR or citizenship.
Note: This FAQ is general information only and not legal advice. Settings (e.g., eligibility tests, exemptions, and evidentiary rules) can change; always check the latest legislative instruments before applying.
