All permanent residency visa applications (including some temporary visas) require visa applicants to undertake a health examination in order to be granted a visa.
All primary applicants and their dependants (partners and children) are required to undertake and pass a health examination.
Health examinations are undertaken by a provider of the Department to ensure the applicant does not have a health condition that will:
– Result in ‘significant’ health care and community service costs to the Australian government and/or
– Prejudice Australian Citizens or Australian Permanent Residents from accessing health care in Australia
If an applicant undertakes a health examination and ‘adverse’ results are found the matter will be referred to a Medical Officer of the Commonwealth (MOC) who will make an assessment whether the applicant ‘fails’ the health requirement.
The MOC will consider the following aspects:
– Costs of medication, community services that will be required, general medical care and certain social security payments
In certain circumstances, health waivers are available to applicants who can demonstrate compelling or compassionate circumstances.
If you have received correspondence from the Department of Home Affairs that you have failed the health requirement, please contact our office before taking any further steps to ensure you are fully informed of your options.
Ethos Migration Lawyers work solely in Immigration Law and have extensive experience in assisting clients with health waivers and health related immigration matters.
We will always be available for you whenever you have a question, request an update or would like to talk.
We make sure that all our advice & updates are transparent with you at all times. You will always know exactly what is going on.
Our aim is to get you the best possible result, and we do this by being ethical. We would never represent you for something you are not eligible for.
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The team at Ethos Migration Lawyers were friendly, professional and knowledgeable in putting forward a successful visa application. Over the year and a half, Hafiza and Zefy were available for consultations, answered any questions in a timely fashion and provided support throughout the entire process. They offered top notch professional work with an emotional touch as they understand how important visa applications are for the applicants and their family. Ethos is highly recommended if you would like peace of mind when applying for your next visa.
Australian Migration legislation states that most visa applicants must meet Public Interest Criteria (PIC) which consist of health requirements. Certain PIC allow for a waiver of this requirement in certain circumstances.
The Health PIC’s are PIC 4005-4007.
This is a very complex question however in summary they may fail if they:
– Considered to be a threat to public health or the Australian community
– Likely to require significant health care and community services
If your visa has the ability to have the health requirement waived you may be eligible for a health waiver. Once the Department has assessed the application as not meeting the health requirement, you will be invited to provide information to justify a waiver of the requirement by demonstrating ‘Compelling and Compassionate Circumstances’.