Health requirements PIC 4005 and PIC 4007

Health requirements for visa applicants

Most visa applicants must meet certain health requirements to be granted a visa. If there is a health requirement, the applicant will need to do a medical exam, as requested by the Department of Home Affairs.  

A visa may be refused if an applicant has a medical condition that is considered to cause a "significant cost" to Australia's healthcare or community services. Conditions that may lead to visa refusal include:

• HIV/AIDS

• Cancer

• Chronic renal disease (requiring dialysis or kidney transplants)

• Intellectual disabilities requiring ongoing healthcare support

The cost threshold for "significant cost" is reviewed annually and is based on estimated expenses over a set period (typically 5 years for permanent visa applicants).

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PIC 4005

The Public Interest Criteria (PIC) are a set of legal requirements that visa applicants must meet. The key health-related PICs are PIC 4005 and PIC 4007. If the medical officer determines that you do not meet the health requirement and PIC4005 applies to your type of visa application then the only way you can be successful is to prove that the cost of your medical condition will be below the required amount. PIC4005 applies to visas such as subclass 485 temporary graduate visa.

PIC4007

If it is determined that you do not meet the health requirement and you have applied for a visa to which PIC4007 applies, then the good news is that you are also able to apply for a health waiver. PIC4007 applies to visas such as subclass 482 skills in demand, partner visas (eg 820, 801, 309, 100), NZ family relationship (461).

Health waivers

Some visa categories allow applicants to apply for a health waiver, meaning they can still be granted a visa even if they do not meet the health requirements. Health waivers are considered on a case-by-case basis and depend on factors such as:

• The applicant's contributions to Australian society (e.g., skilled workers).

• Whether alternative healthcare arrangements can be made.

• The impact of visa refusal on Australian citizens or permanent residents (e.g., family sponsorship cases).

  
  

Protection visa applicants (subclass 866)

Asylum seekers who have applied in Australia for a protection visa do not have to meet PIC4005 or PIC4007. While a health exam is required, if the medical officer has a concern, the applicant simply needs to complete an undertaking and the visa can continue to be assessed.  

Conclusion

While some applicants may face challenges due to pre-existing medical conditions, health waivers under PIC 4007 offer flexibility for certain visa types. Understanding the difference between PIC 4005 and PIC 4007 is essential for applicants with medical concerns. If you need specific legal advice on health-related visa matters, feel free to reach out to us.