Urgent: Has a Health Condition Put Your Australian Visa at Risk?
Receiving a notification that you or a family member has not met the mandatory health requirement can be devastating. For many, it signals the end of their dream to live in Australia. But it doesn't have to be.
For certain visas, you may be able to apply for a "health waiver," arguing that the reasons for granting you the visa outweigh the potential health costs or prejudice to access for Australians. This is a complex legal argument that requires expert preparation and evidence. Our immigration lawyers have extensive experience in successfully securing health waivers, and we are ready to fight for you.
All Australian visa applicants must meet a minimum health standard. The purpose is to protect the Australian community from public health and safety risks, and to control government spending on community services.
You may fail the health requirement if you or a family member (even if they are not migrating with you) have a condition that is likely to:
Result in significant healthcare or community service costs to Australia.
Prejudice the access of Australian citizens or permanent residents to healthcare or community services in short supply.
This is often referred to as the 'one fails, all fail' rule, as one family member's health condition can prevent the entire family from being granted a visa.
What is a Health Waiver (PIC 4007)?
A health waiver is a special provision that allows a visa to be granted even if an applicant does not meet the health requirement. Essentially, it allows the Department of Home Affairs to "waive" the health requirement in compelling circumstances.
However, health waivers are not available for all visas. They are generally available for most family, partner, and refugee visas, as well as some skilled and employer-sponsored visas. It is critical to know if a waiver is an option for your specific visa subclass.
How Do You Argue for a Health Waiver?
If a health waiver is available for your visa, you will be invited to present a case. You must convince the Department that the reasons for granting the visa are compelling enough to justify the waiver. This involves making strong, evidence-based submissions that address key factors, including:
Your ability, and the ability of your sponsor, to mitigate the potential costs and service access issues related to the health condition.
The compelling and compassionate circumstances of your case. This can include the impact on Australian family members, children, or employers.
The skills, qualifications, and other positive contributions you can make to Australia.
The strength of your ties to Australia and the hardship you would face if the visa is refused.
How We Build Your Strongest Case
Securing a health waiver requires a meticulously prepared application. Simply stating your case is not enough. Our experienced lawyers will work with you to:
Assess Your Eligibility: We will first provide an honest assessment of whether a health waiver is a viable option for your specific circumstances and visa type.
Develop a Strategy: We work with you and medical specialists to understand the health condition and formulate a clear strategy to address the Department's specific concerns about cost and service access.
Gather Critical Evidence: We guide you in compiling all necessary documentation, including specialist medical reports, employment offers, financial statements, and powerful personal statements from family and community members.
Draft Persuasive Submissions: We prepare comprehensive and compelling legal submissions that directly address the waiver criteria and highlight all the compassionate and compelling factors in your favour.
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