Can a family member’s health condition cause your Australian visa to be refused?

This article is also available in Spanish.

One of the most surprising aspects of Australia’s visa health requirement is that, for some visas, your visa application can be affected by the health of a family member who is not even migrating to Australia.

This is sometimes described as the “one fails, all fail” principle. While the exact rules depend on the visa subclass and the health criteria that apply, it is important to understand that simply not having your family member migrate with you does not necessarily mean their health will be irrelevant.

What is the health requirement?

Many Australian visa applicants must satisfy Australia's health requirement.

Under the Migration Regulations, health criteria can consider whether an applicant has a disease or condition that is likely to require health care or community services that would result in a significant cost to the Australian community, or in some circumstances affect access to services by Australian citizens or permanent residents. PIC 4005 and PIC 4007 contain important parts of these health requirements.

The Department of Home Affairs explains that, for some visas, family members who are not coming to Australia may also be required to meet the health requirement.

Who is a non-accompanying family member?

A non-accompanying family member is someone who is part of your family unit (eg a dependent child) but is not applying for the visa and does not intend to migrate to Australia with you.

Depending on the visa, the Department may still require information about the health of a non-migrating family member and may require that person to undergo health examinations.

The “one fails, all fail” problem

For visas where the relevant health criteria apply to family members, there can effectively be a “one fails, all fail” outcome.

In other words, if one family member does not satisfy the applicable health requirement, this may prevent the visa from being granted to the other family members as well.

This can be particularly difficult for families where a child, spouse or other dependent family member has a significant medical condition.

Importantly, this does not mean that every health condition will result in a visa refusal. The medical assessment depends on the particular condition, the applicable health criteria, the expected need for services and the relevant visa subclass.

What if the family member isn't migrating?

Not migrating to Australia does not automatically remove the health issue. In some circumstances, family members who are not coming to Australia may still need to meet the health requirement.

This means it is important to identify potential health issues before lodging a visa application rather than discovering the problem after the application has already been submitted.

Health waivers may be available for some visas

One of the most important questions is whether the visa is subject to PIC 4005 or PIC 4007.

The distinction can be extremely important because PIC 4007 contains a health waiver provision, while PIC 4005 generally does not provide the same waiver. The Migration Regulations set out the relevant health criteria and the circumstances in which a waiver may be available.

This means that if you or a family member has a significant medical condition, you should not assume that a health problem automatically means there is no pathway to a visa.

The correct approach depends on the visa subclass and the particular health criteria that apply.

Don't leave family members off your application

If you have a family member with a significant health condition, it may be tempting to avoid declaring them because they are not migrating to Australia.

This can be a serious mistake.

Visa applications generally require applicants to provide information about relevant family members, including family members who are not migrating. The Department may then determine whether that person needs to undergo health examinations.

Failing to properly declare a family member can create additional immigration problems beyond the original health issue.

Get advice before you lodge

If you or a member of your family has a significant health condition, it is worth considering the health requirement before you lodge your visa application.

A migration professional can help you identify:

• which health criteria apply to your visa

• whether non-accompanying family members need to be assessed

• whether a health waiver is available

• what medical information may be relevant

• whether additional evidence should be provided

• what other visa options may be available if there is a health concern

Getting advice early can be particularly important because the available options can depend on the visa subclass you choose.

Conclusion

A family member does not necessarily need to be migrating to Australia for their health to affect your visa application.

For some Australian visas, the health requirement can extend to non-accompanying family members, creating the potential for a “one fails, all fail” outcome.

If you or a family member has a significant medical condition, don't assume that you cannot obtain an Australian visa. The rules are complex, and some visas provide mechanisms such as health waivers that may provide a pathway forward.

At Mandeville Migration, we can assess your circumstances, explain how the health requirement may affect your visa options, and help you determine the best strategy before you lodge your application.

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Written by: Laura Mandeville

Registered Migration Agent: 2117601