Health waiver for visa applicants with HIV

Most visa applicants must meet Australia’s health requirement, and human immunodeficiency virus (HIV) is often considered a condition that could lead to significant health costs. However, for some visas - including partner visas, employer sponsored visas (subclass 482 SID and subclass 186 in the temporary residence transition scheme) - a health waiver may be available. This can allow applicants with HIV to continue their application and potentially be granted a visa despite the condition.

The health requirement

All visa applicants must undergo health examinations to demonstrate they do not have a condition that:

• poses a threat to public health or safety in Australia

• is likely to result in significant healthcare or community service costs

• would limit access of Australians to services that are already in short supply

The main issue for decision makers is the expected cost of treatment and services for HIV positive applicants. Some applicants will not realise they are HIV positive until they complete the Australian health exams.

When a health waiver applies

If you are applying for a visa that has public interest criteria PIC4007 rather than PIC4005 (eg subclasses 820/801 and 309/100), this means a health waiver is available to you. If your medical results show you do not meet the health requirement because of HIV, the Department of Home Affairs will give you an opportunity to present a health waiver.

What the department considers

If you are eligible for a health waiver, you will have the opportunity to present reasons why your visa should be granted despite the HIV diagnosis. The Department will take into account:

• your personal circumstances, including your relationship or family situation

• your contributions to the Australian community, such as work and social involvement

• whether the costs of your treatment may be reduced, for example through private health insurance

• the broader humanitarian or compassionate factors in your case

Why professional advice is essential

Health waiver applications are highly complex and depend on presenting detailed evidence. For applicants with HIV, it is important to show that you are managing your condition and that there are strong reasons for the Department to exercise discretion in your favour. A migration professional not only has access to the latest law but also to the Department’s internal policy, which guides decision makers in these cases.

Conclusion

Living with HIV does not automatically prevent you from being granted an Australian visa. If a health waiver is available for your visa type, you may still have a pathway to approval. With the right preparation and advice, applicants can put forward a strong case for why they should be granted a visa.

At Mandeville Migration, we can guide you through the health waiver process and help present your application in the best possible light.

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