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Health waiver Australia - what to do if you fail your visa medical

  • Writer: mandevillemigratio
    mandevillemigratio
  • 20 hours ago
  • 3 min read

Updated: 1 hour ago

This article is also available in Spanish.


Applying for an Australian visa usually requires you to meet the health requirement. If you have been told that you do not meet this requirement or that you have “failed” your visa medical health exam, you may still have options. In many cases, a health waiver Australia (also known as PIC 4007) can allow your visa to be granted despite a medical condition. Understanding how a health waiver works, and what you need to do next, can make a significant difference to your application.


What is the health requirement


Most visa applicants must meet what is known as the health requirement. This usually involves completing medical examinations arranged by the Department of Home Affairs, through BUPA.


You may not meet the health requirement if your condition is considered likely to:

  • pose a risk to public health or safety

  • result in significant healthcare or community service costs

  • limit access to services that are already in short supply


Even if your condition is well managed, the decision is often based on the estimated future cost of treatment in Australia.


What is a health waiver


A health waiver allows the Department to grant a visa even if you do not meet the health requirement.

Not all visas have access to a health waiver.

Common visas with a health waiver include:

  • partner visas (subclass 820/309)

  • some employer sponsored visas (eg subclass 186 in the TRT stream)

  • permanent skilled regional visa (subclass 191)

If a waiver is available, the Department will usually notify you and invite you to provide further information.


When a health waiver is considered


A health waiver is not automatic. It is a discretionary decision, meaning the Department will weigh up your circumstances before deciding whether to grant the visa.

At this stage, your application becomes more about your overall situation rather than just your medical condition.


What the Department considers


When deciding whether to exercise a health waiver, the Department will consider a range of factors, including:

  • your personal circumstances

  • your relationship with family members in Australia

  • the impact on your family if the visa is refused

  • your ability to contribute to the Australian community

  • whether healthcare or support costs can be reduced


For example, evidence such as private health insurance, family support, or alternative care arrangements can be important.


Why health waivers are complex


Health waiver cases are often highly technical. The medical assessment is usually based on advice from a Medical Officer of the Commonwealth, and the cost calculations can be difficult to challenge without proper evidence.


A strong health waiver submission usually includes:

  • detailed personal statements

  • supporting documents about your circumstances

  • evidence addressing healthcare costs

  • legal arguments based on policy


Simply completing the required form is rarely enough on its own. See more about completing the form here.


Conclusion


Not meeting the health requirement can feel like the end of your visa application, but that is not always the case. If a health waiver is available, it can provide a pathway forward.


The key is understanding what the Department is looking for and preparing a strong, well-supported response.


If you have been told you do not meet the health requirement, or you are concerned about a medical issue affecting your visa, getting the right advice early can make a significant difference. At Mandeville Migration we can help you with your health waiver.





Written by: Laura Mandeville

Registered Migration Agent: 2117601

 

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