Health Requirements and Health Waivers for Australian Visas Explained (Part 2)

This is part two of our two-part blog series outlining the health requirements for Australian visas. In the first part, we outlined the types of health examination, how to make your health check appointment and what to expect after your checks. In the following, we will explain what happens when you do not meet the health requirements, understanding the Significant Cost Threshold for assessing your health conditions and the eligibility requirements for a health waiver.

Significant Cost Threshold 

One of the key aspects of the health requirement is the Significant Cost Threshold (SCT). The SCT is an amount that represents the cost of healthcare and community services that an average Australian citizen would use over a certain period. The SCT is currently set at AUD 51,000 for most visa applicants (as of 1 September 2021). If you have a disease or condition that is likely to result in healthcare and community service costs above the SCT, you are considered to be a significant cost to the Australian community and you may not meet the health requirement.

How to assess your Health Cost

For temporary visa applicants, the estimated health costs are assessed over the period of stay that you are seeking or the stay period that the case officer intends to grant.

For permanent and provisional applicants, the time period for estimating healthcare and community service costs against the significant cost threshold is calculated as follows:

•  If the applicant is under 75 years: a five year period; or,
•  If the applicant is aged 75 years or older: a three-year period;
•  If the applicant has a condition that is permanent and the course of the disease is inevitable or reasonably predictable (65% likelihood) beyond the five year period: a maximum of 10 years.

The assessment is made based on the cost of healthcare and/ or community services for which a hypothetical person with the same form and level of the applicant’s condition would be eligible, regardless of whether healthcare or community services will actually be used.

Can I Request a Health Wavier for my visa type?

Some visa applicants may be eligible for a health waiver if they do not meet the health requirement due to the assessed significant cost. A health waiver is a discretion that allows the Department of Home Affairs to grant a visa despite the applicant’s failure to meet the health requirement. A health waiver is only available for certain visa subclasses and only if the applicant meets all other criteria for the visa.

Health waivers are available for the following visa subclasses:

• Refugee and Humanitarian visas
• Subclass 500 (Student) visa (in the Foreign Affairs or Defence Sector stream)
• Subclass 482 (Temporary Skill Shortage) visa TSS
• Certain skilled, business and other non-humanitarian migration visas

How to Request a Health Waiver

First, you have to determine that a health waiver is available for the visa subclass you have applied for. A case officer does not have the discretionary power to exercise a health waiver on your case if a health waiver is not available for the visa subclass you applied for.

To request a health waiver, you need to provide evidence that shows why granting you a visa would not result in undue cost or prejudice to access for Australian citizens and permanent residents. You also need to demonstrate compelling and compassionate circumstances that justify granting you a visa. The evidence you provide may include information about your personal circumstances, your financial capacity to mitigate the estimated medical costs, your contribution to the Australian community, your family, business or cultural ties in Australia, your medical condition and treatment options, and any other relevant factors.

The decision to grant a health waiver is made on a case-by-case basis and depends on the balance of various factors. There is no guarantee that a health waiver will be granted even if you are eligible for one. Therefore, it is important to seek professional advice and assistance from a Registered Migration Agent before applying for a visa if you have any concern about meeting the health requirement.

Meeting the health requirement is an essential part of applying for an Australian visa. You may need to undergo a health examination and prove that you do not pose a significant cost or risk to the Australian community. If you do not meet the health requirement, you may be able to request a health waiver if you are eligible and are able to demonstrate compelling reasons for granting you a visa. However, obtaining a health waiver is not easy and requires careful preparation, a strong submission and strong supporting evidence.

Medical Treatment Visa

If you are diagnosed with certain diseases and intend to come to or remain in Australia for treatment, you may apply for a Medical Treatment Visa. 

This visa is usually valid for the duration of your treatment plan (usually from 3-12 months).

You must prove that you have enough money to cover all travel and treatment expenses as you are not eligible to receive Medicare or other government benefits on this visa.

What if my Health Status changes post Visa Grant?

Once you have met the health requirement and been granted a visa, the Department of Home Affairs currently has no legislative power to request additional health examinations unless you apply for a further visa.

However, if holding a valid and current health insurance is part of your visa condition and if your changed health status has resulted in you not being able to continue with your health insurance plan, you may breach your visa conditions and risk having your visa cancelled. In these circumstances, it is important to seek professional advice from a Registered Migration Agent.

You hope you have found this blog series on Australia visa health requirements informational. If you have any further questions please feel free to comment below or contact us for a complimentary initial consultation.

Book a consultation with one of our Registered Migration Agents at Miet Migration to assess your eligibility and let us help you plan your journey to become an Australian permanent resident.

Disclaimer: Any posted material is not intended to be immigration advice and does not purport to represent all requirements for a successful application or applications. No person should act on the basis of the material contained in any post without obtaining advice relevant to their circumstances, and without considering and taking professional advice.