The health requirement
Most visa applicants, and family members included in an application, must meet the health requirement. This usually involves medical examinations and, where needed, an assessment by a Medical Officer of the Commonwealth (MOC), who advises the Department whether you meet the requirement.
Under the health criteria in Schedule 4 of the Migration Regulations 1994, you must be:
- free from tuberculosis;
- free from a disease or condition that is a threat to public health or a danger to the Australian community; and
- free from a disease or condition that would be likely to require health care or community services that would result in a significant cost to the Australian community, or prejudice the access of Australian citizens and permanent residents to health care or community services.
The Department uses a significant cost threshold as a guide to what counts as significant cost. You can read about it on the Department’s health care and community services page.
Is a health waiver available for your visa?
Whether a waiver is possible depends on which health criterion applies to your visa:
- Public interest criterion (PIC) 4007, waiver available: for example, partner visas (subclasses 820/801 and 309/100), the Prospective Marriage visa (subclass 300), the Child visa (subclass 101 and 802) and the Skills in Demand visa (subclass 482).
- PIC 4005, no waiver: for example, the Visitor visa (subclass 600), the Skilled Nominated visa (subclass 190), the Skilled Work Regional visa (subclass 491) and parent visas (subclasses 103, 143 and 804).
Some visas apply different criteria to different streams or applicants, so check the criteria for your exact visa before you apply. A waiver can only address the cost and access part of the requirement. It cannot waive the tuberculosis or public health criteria.
What the decision-maker considers
Under PIC 4007, the health requirement can be waived if you meet all other criteria for the visa, and the decision-maker is satisfied that granting the visa would be unlikely to result in undue cost to the Australian community, or undue prejudice to the access of Australian citizens and permanent residents to health care or community services.
In practice, a waiver submission usually addresses:
- the condition, its likely treatment and costs, supported by up-to-date specialist reports;
- how costs may be reduced or offset, for example through private health insurance, family support or your capacity to work;
- compassionate and compelling circumstances, such as Australian citizen family members, children, the strength of your ties to Australia and the consequences of refusal; and
- the contribution you and your family make, or will make, to Australia.
How the waiver process works
- Medical examinations: you complete the health examinations required for your visa.
- MOC assessment: a Medical Officer of the Commonwealth assesses whether you meet the health requirement.
- Waiver consideration: if you do not meet the cost or access part of the requirement and your visa allows a waiver, the Department generally invites you to comment and provide information before deciding.
- Your submission: you provide a submission and evidence within the time given.
- Decision: the decision-maker weighs the likely cost and impact against your circumstances.
If the visa is refused, review at the ART may be available, depending on your visa.
How we help
- Waiver availability check: we confirm which health criterion applies to your visa and to each family member.
- Evidence planning: we advise which medical, financial and personal evidence will help, and how to present it.
- Submission drafting: we prepare a structured waiver submission addressing cost, access and your compassionate circumstances.
- Careful handling: we treat your medical information with care and confidentiality.
Frequently asked questions
Does every family member have to meet the health requirement?
Family members included in the application generally must. A health issue affecting one family member can affect the outcome for the whole family, so each person’s situation should be assessed early.
Can I provide my own medical reports?
Yes. Up-to-date reports from treating specialists, covering the condition, prognosis, treatment and likely costs, are often central to a waiver submission.
Is a waiver decided on cost alone?
No. The test is whether granting the visa would result in undue cost or undue prejudice, which allows your compassionate and compelling circumstances to be weighed, not only the estimated cost.
What if my visa does not allow a waiver?
If your visa uses PIC 4005, the health requirement cannot be waived. Depending on your circumstances, another visa with a waiver pathway may be worth considering. Get advice before you apply.
Talk to a Registered Migration Agent
A health waiver strategy session with Tatsiana Pustavoit (MARN 1800880) tells you whether a waiver is available, what evidence will matter and the next steps. Consultations are held online via Microsoft Teams or by phone. Only the Department of Home Affairs, or the Tribunal on review, can decide your case, and no registered migration agent or lawyer can guarantee an outcome.