Health Waivers are required for people who have health conditions that don’t satisfy the Australian Immigration health criteria (Public Interest Criteria 4005 or 4007).
For most Australian visas, applicants have to be in good health and their health condition cannot be a significant cost to the Australian community ($86,000 over your stay).
Health waivers are used where a visa applicant may have a health condition and may not meet the health criterion for Immigration – namely Public Interest Criteria 4005 or 4007.
Health waivers are decided by Senior EL1 case officers.
Can You Actually Get a Health Waiver?
Good news if you’re applying for these visas – health waivers are on the table:
– Refugee and humanitarian visas (the 200, 201, 202, 203, 204 subclasses)
– Skilled worker visas
– Business visas
– Student visas (but only the Foreign Affairs or Defence stream)
– Temporary Skill Shortage visas (subclass 482)
Health Waiver is not available for the below visas:
– Visitor visas
– Partner visas (all the main ones – 300, 309, 820, 801, 100)
– Parent visas
– Child visas
When Might you need a Health Waiver?
Here’s the situation: you’ll only need to think about a health waiver if immigration’s medical officer says your health condition could:
1. Cost taxpayers big money – we’re talking $86,000+ over your stay
2. Take up scarce medical resources – mainly organ transplants or kidney dialysis
And here’s the kicker – you need to tick every other box for your visa first. The health waiver is literally the last hurdle.
How Does the Whole Thing Work?
Let me walk you through what actually happens:
First, a government medical officer looks at your health results and says “nope, doesn’t meet requirements.” You get this official form (Form 884) that spells out what’s wrong and how much they think it’ll cost Australia.
Then, you get a chance to fight back. Maybe you’ve got newer medical reports, or you can show how you’ll pay for your own treatment. This is crucial – don’t skip this step.
Finally, a senior immigration officer weighs everything up and decides: will letting this person in be too much of a burden on Australia? If they reckon it won’t be “undue” weight on the Australian taxpayer or health system (government speak for “too much”), you might get your waiver.
What Actually Helps Your Case?
Things That Really Work in Your Favour:
– You’ve got Australian kids who’d be separated from you
– Your Australian partner can’t move to your home country because of their own health issues
– You’re a refugee who literally can’t go back where you came from
– Deep family roots in Australia going back years
Proving you won’t be a burden to the Australian taxpayer or health system:
– You’ve got private health cover that actually covers your condition
– Solid savings or family money to pay for treatment
– For kidney stuff – a family member who’s already been tested as a compatible donor
– Doctor’s letter saying you probably won’t even need the expensive treatment
What you bring to the table:
– Skills Australia desperately needs (check the skills shortage lists)
– Planning to live somewhere regional where they need people
– Running a business that employs Australians
– Working in essential services
What Doesn’t Help Much
– Being a generally nice person (sorry, but true)
– Promising you won’t use public healthcare (they can’t enforce this)
– Just having lived in Australia for a while on a temporary visa
– Having other countries you could theoretically live in
Different Rules for Different Visas
Refugees Get Better Treatment
If you’re applying for refugee or humanitarian protection, the government basically says “costs above the threshold aren’t a big deal for these cases.” You’ll almost certainly get your waiver unless you need organ transplants or dialysis.
Students in Special Categories
Foreign Affairs or Defence students get looked at favourably if:
– The government department promises to cover your costs
– Your home country backs your application
– The Australian university supports you
Everyone Else
Skilled migrants and business applicants get the full treatment – every factor gets weighed up carefully.
Steps to apply for the Waiver:
– All your recent medical reports
– Specialist letters about your medical condition and treatment to keep it under the cost threshold ($86,000)
– Evidence of private insurance or savings
– Letters from family about support
– Proof of your ties to Australia
Timeline
– Your health results are only valid for 12 months
– If they say you don’t meet requirements, that opinion expires after 18 months
– The waiver decision has to happen before these deadlines
– Getting organised early gives you more time to build a strong case
Tips
Don’t just send the same reports immigration already has. Get fresh assessments that show:
– How well you’re managing your condition
– Whether it’s stable or improving
– Realistic treatment plans going forward
– Second opinions if the first was grim
Way to minimise the cost of your medical condition
Money to negate the cost of your health condition to the Australian taxpayer:
Be specific about finances. Saying “I have savings” doesn’t cut it. Show:
– Bank statements proving you can cover costs
– Insurance policies with clear coverage details
– Letters from private doctors willing to treat you
– Family statutory declarations promising financial support
Personal Circumstances
This is where you really tell your story:
– How long you’ve been connected to Australia
– What breaking up your family would mean
– Your contributions to the community
– Why Australia specifically (not just any developed country)
Common Stuff People Get Wrong
**Thinking it’s hopeless.** Plenty of people get health waivers, especially if they’ve done their homework and presented a solid case.
**Assuming private insurance fixes everything.** It helps, but they look at the whole picture, not just whether you can pay.
**Not understanding the “undue” test.** It’s not just about money – it’s about whether the impact on Australia would be excessive given your circumstances.
**Waiting too long.** Health clearances expire, and you don’t want to be scrambling at the last minute.
We have vast experience in Health Waiver submissions, where we have successfully helped people gain their visas and permanent residency.
Health Waivers are a complex specimen that requires thorough analysis, case law and persuasion to convince Immigration (Department of Home Affairs).
If you need help for a Health Waiver, please contact us on info@visaeducationexperts.com.au or +61 414 588 942.
Please note that any immigration advice provided only and only constitutes immigration assistance as per s276 of the Migration Act 1958 (It does not include or constitute any other type of advice apart from immigration assistance as per s276 of the Migration Act 1958).
