Failed the Health Requirements for a visa – Can you get a Health Wavier?

There are certain visas where a person can apply for a waiver when they fail the health requirements.
You do not actually apply a health waiver. The Department of Immigration will send you a letter inviting you or a dependant who has failed to meet the health requirements to put forward additional information in support of granting the health waiver.

This information will generally include how to mitigate the potential costs to Australia of you of health care and community services together with any compassionate and compelling circumstances.

A health waiver may only be exercised after a Medical Officer of the Commonwealth has determined that the visa applicant does not meet the health requirement and where we are satisfied that the granting of the visa would be unlikely to result in:

  • undue costs or
  • further pressure on health care and community services that are in already short supply in Australia. This is referred to as ‘prejudice to access’.

If you have tuberculosis or another condition which is considered a threat to public health you are not eligible for a waiver.

Visas for which a health wavier can be considered include Partner visas, Child visas, Business visas, Employer sponsored visas, Refugee and Humanitarian visa.

Health waivers are not available for Parent and some Business visas. However, there are certain exceptions and a health waiver can be considered for these visas if specific circumstances apply, such as:

  • the primary applicant has applied in Australia as a long residence applicant or if the primary applicant has applied as a defence service applicant.
  • the applicant holds a particular provisional visa
  • the applicant holds a visa obtained by Ministerial Intervention such as a substituted 600 or 676.

If you have any questions regarding a Health Waiver or wish to apply to begin your application for an Australian visa, please contact our skilled team of Registered Migration Agents and Immigration Lawyers.

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