Don't Meet Health Requirements (PIC 4005 & 4007)? You May Waive it!
It is always ideal to meet all the health requirements when making a visa application. However, life is not always a perfect paradise. Do you have health concerns? You are now at the right place to seek a solution.
What should I do if I do not meet the health requirements (PIC4005 & PIC4007)?
If you have failed to meet PIC 4007, you still have the option to apply for a health waiver. However, a health waiver is not available for PIC 4005.
How Do I Apply for a Health Waiver?
If you are eligible for a health waiver under PIC 4007, you will receive a letter inviting you to submit claims and information to support the waiver. However, we highly suggest that you seek professional assistance, as submitting a health waiver requires technical knowledge. Speak to one of our Accredited Specialist in Immigration Law.
Demonstrate why a Health Waiver Should Be Granted
A health waiver can only be granted if it is demonstrated that issuing the visa would not incur an ‘undue cost’ to the Australian community. Although ‘undue cost’ is not explicitly defined, various discretionary factors will be assessed, including:
Your ability to mitigate costs associated with your condition.
Any applicable compassionate or compelling circumstances.
Factors for Mitigating Costs
Sources of substantial income, assets, or savings.
Private care arrangements to alleviate costs.
Compassionate or compelling circumstances may include:
Significant benefits that your presence would bring to Australia.
Currently settling in a remote or regional area.
Whether your skills are in high demand.
Special circumstances impacting the Australian sponsor or their family.
Be aware - ‘One Fails, All Fails’
The health criteria often operate on a ‘one fails, all fails’ basis. This means if any member of the family unit (MoFU) —such as a spouse or child—fails to meet the health requirement, no one in the unit can be granted the visa. This also applies to non-migrating family members in some cases. Yet, there is a recent update for minor visa applicants, where they may be exempted from PIC 4005 and PIC 4007.
How Can Agape Henry Crux Help
Understanding the health requirements for Australian visa applications can be challenging, and submitting a health waiver request may be stressful, speak to one of our Accredited Specialist(s) in Immigration Law with our team of immigration lawyers at Agape Henry Crux. The team specialises in handling highly complex matters. You can schedule with one of our lawyers or agents to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin, Cantonese and Malay. If this isn’t your language, we can also help you arrange an interpreter.
This article/presentation (“publication”) does not deal extensively with important topics or changes in law and is not intended to be relied upon as a substitute for legal or other advice that may be relevant to the reader's specific circumstances. If you find this publication of interest and would like to know more or wish to obtain legal advice relevant to your circumstances, please contact our office.