No matter the visa an applicant is planning to apply for, meeting the Australian government’s health requirements is mandatory. If an applicant does not meet the health requirements, they will not be granted a visa, be it temporary or permanent. 

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Let’s dive into the Australian health requirements and what exactly they constitute. 

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Fulfilling the Health Requirements

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As Australia boasts of some of the best healthcare systems and standards in the world, it is understandable that the government wishes to maintain that. 

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While visa applicants will have to meet the health requirements, certain visas will require their family members to meet the health requirements as well, even if the family isn’t migrating to Australia with the visa applicant. Applicants must meet the government’s health requirements because:

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• It protects the Australian community from public health and safety risks - especially conditions such as active tuberculosis 
• It helps the government control their budget for services such as social security benefits, allowances and pensions
• It ensures Australian citizens and permanent residents can access health and community services that are in short supply 

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To meet the Australian health requirements, applicants must be free from any disease or condition that is:

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• A significant healthcare and community service cost to the Australian community
• Likely to limit healthcare access (which is in short supply) to Australian citizens and permanent residents - this is called prejudicing access 

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Applicants may have to undergo health examinations to prove that they meet the health requirements. The test results will be evaluated by a Medical officer of the Commonwealth (MOC). If an applicant has a serious condition, the MOC will discuss with the Department of Home Affairs (DHA) whether the condition:

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• May cause a threat to public health 
• This will result in significant healthcare and community service costs 
• This will place a demand on healthcare and community services that are already in short supply 

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Based on such situations, the DHA will make a decision. It is important to note that the MOC will only assess an applicant’s medical condition, outside factors such as the kind of health insurance an applicant will take or their job requirements will not be assessed. 

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PIC 4005 and 4007 

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Public Interest Criteria (PIC) 4005 and 4007 outline the health requirements that need to be fulfilled for the obtainment of an Australian visa. 

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Both PIC 4005 and 4007 make it mandatory for an applicant to be tuberculosis-free, and any other disease or condition for which:

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• The person is likely to require healthcare or community services, and 
• The provision of healthcare and community services is likely to:

• Result in a significant cost to the Australian community (in terms of healthcare and community services), or 
• Prejudice of access of an Australian citizen or permanent resident (in terms of healthcare and community services)

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So, is there any difference between PIC 4005 and 4007?

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Yes, the main difference between them is in the applicant’s ability to waive the health requirements. 

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• If health requirements are not met under PIC 4005, the visa will not be granted 
• If health requirements are not met under PIC 4007, the applicant can apply for a health waiver 

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Depending on the kind of visa an applicant is applying for, either one of the PICs will be applied. For example, PIC 4007 is applied for visas including Partner visas, TSS 482 visas, Child and Adoption visas, etc.

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What Does Significant Cost Mean? 

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While significant costs may seem unclear, there are strict guidelines dictating the parameters of medical expenses that are of significant cost. 

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Generally, the MOC uses the per capita data about health and community service costs to understand an applicant’s condition and its cost over a certain period of time: 

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• For temporary visa applicants, this is their period of stay 
• For permanent applicants, this is usually 5 years, or 3 years if they are aged 75 years or above 

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If an applicant has a permanent or ongoing medical condition with a reasonably predictable course, the MOC will estimate what their condition will cost the community over their remaining life expectancy (up to a maximum of 10 years). The likely cost will depend on the kind of condition an applicant is afflicted with and how severe it is. 

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Unless a health waiver is available and implemented, an applicant will not be granted a visa if their condition reaches the significant cost threshold. 

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The current threshold for healthcare costs is AUD $51,000 - this figure and anything above that will be considered a significant cast.

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“Prejudice of Access” Meaning 

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“Prejudice of Access” refers to whether a visa applicant would require access to treatment or services that are in short supply. The DHA determines what treatments or services are in short supply. Currently, this includes:

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• Organ transplants (including bone marrow and stem cell transplants), and 
• Dialysis 

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Health Waivers 

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Certain applicants may be able to exercise a health waiver for certain visa subclasses if a MOC finds that they don’t meet the health requirements. However, the applicants must meet the eligibility criteria for the visa. The DHA must be satisfied that granting an applicant their visa is unlikely to: 

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• Result in significant costs to the Australian community 
• Prevent Australian citizens from accessing healthcare or community services in short supply 

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The DHA will not exercise a health waiver if an applicant fails to meet the health requirements because: 

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• The applicant has active tuberculosis 
• The applicant’s condition may pose a danger to the community or is a threat to public health 

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Unfortunately, applicants cannot independently apply for a health waiver. Instead, they will be contacted by their visa officer who will let them know whether they are eligible for a health waiver.

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The DHA will require the applicant to: 

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• Provide them with information about why a health waiver should be exercised 
• Complete a formal submission template informing the DHA why a health waiver should be exercised for their case 

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Each health waiver is carefully considered by the DHA on a case-by-case basis, and a number of factors are assessed. This includes:

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• Whether the applicant or any of their family members can lessen the potential cost of the applicant’s condition and their reliance on Australian healthcare and community service, and
• Any compassionate/compelling circumstances that support exercising a health waiver for the applicant 

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Compassionate/Compelling Circumstances

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Compassionate/compelling circumstances include where:

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• Australia would miss out on a significant business, economic, cultural or other benefit that would be provided by the applicant 
• The applicant is already settled in a remote, rural or regional area 
• The applicant has skills that are in high demand 
• Other compassionate/compelling circumstances

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In situations where an applicant is applying for a family visa (Partner Visa/Parent Visa), compassionate/compelling circumstances include where:

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• The Australian sponsor has a health condition and is unable to access appropriate treatment if forced to relocate 
• There is no permanent migration pathway in the applicant’s home country for the sponsor 
• The sponsor would be adversely affected (financially) if they are forced to relocate to the applicant’s home country 
• Australian children will be adversely impacted 
• The sponsor holds significant family links to Australia and has demonstrated caring or financial obligations towards the applicant 

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It is important to note that these factors are not the only ones that could help strengthen an applicant’s case. There may be other relevant factors considered by the DHA as well. 

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If an applicant’s health waiver is exercised, the DHA will continue processing their visa application. If it is not exercised, the DHA will refuse the visa application.

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Disclaimer: Kindly note that the information provided here does not constitute legal advice. This must solely be regarded as content that provides general immigration information and is not a substitute for professional legal advice that occurs between an immigration lawyer and a client.

Path Migration strongly recommends readers contact certified immigration lawyers for a holistic overview of the Australian immigration system and a detailed analysis of each case.

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