Health Waivers (Public Interest Criteria)

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Health Waivers (Public Interest Criteria)

Health Waivers (Public Interest Criteria)

Most long-term visas require applicants to meet health requirements or Public Interest Criteria (PIC) in order for a visa to be granted. The PIC (4005 – 4007) stipulates the health requirement that must be met before a visa is granted.

Visa applicants may ‘fail’ the health requirement because their medical condition:
-          May result in significant health care and community services costs to the Australian Government
-          May have an impact on the access to care for Australian citizens or permanent residents

In cases where health requirements aren’t met, a health waiver may be available.

What is a health waiver?
A health waiver is a provision within a visa which allows decision-makers within the Department of Home Affairs to waive failed health examinations. In order to be considered for a heath waiver all other visa eligibility criterion must be met.

A waiver may be considered if:
-          There are compassionate or compelling factors that would affect an Australian citizen or permanent resident if the applicant is refused a visa
-          The applicant can contribute to the costs of their medical care
-          The applicant is able to reduce the impact of their care so Australian citizens and permanent residents are not prevented from accessing health care or community services that may be in short supply

A health waiver will not be granted if:
-          The applicant has active Tuberculosis
-          The applicant’s condition may pose a danger to the community or is a threat to public health.

A health waiver can only be exercised for visa applicants and any non-migrating family members for certain visas where PIC 4007 applies. This includes:
-          All refugee and humanitarian visas
-          Certain skilled, business and other non-humanitarian migration visas
-          The Subclass 500 (Foreign Affairs or Defence Sector) student visas
-          Temporary Skill Shortage (Subclass 482) visa 

Where the visa applicant doesn’t meet the health requirement and isn’t eligible for a health waiver then the visa will be refused.

Applying for a health waiver can be complex so it’s best to engage the services of a registered migration agent to assist with the process. If you would like to learn more about health waivers contact the team at Visa Solutions Australia on 1800 828 008.

Travel Exemptions
While Australian borders are currently closed due to the COVID-19 pandemic, travel exemptions may apply under the following circumstances:
- A traveller has a compassionate or compelling reason to visit Australia
- Overseas workers holding a Subclass 482 or 400 visa are required to undertake a job in Australia that cannot be filled by a local employee in a critical role or industry.

Visa Solutions Australia has been successful in acquiring a broad range of exemptions, from critical workers to those needing to travel on compassionate grounds.

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