Avoiding the OSHC Trap: Understanding the Health Insurance Requirement for a Temporary Graduate Visa
One of the conditions attached to a Student (subclass 500) visa is that you maintain adequate arrangements for health insurance while in Australia. This requirement can be found under condition 8501, and most subclass 500 visa holders simply provide evidence of Overseas Student Health Cover (OSHC) throughout their stay in Australia. However, an issue arises if you wish to transition from a Student visa to a Temporary Graduate (subclass 485) visa.
What is the problem?
OSHC provides coverage for student visa holders or applicants for a Temporary Graduate (SC 485) visa on a bridging visa who have held a student visa immediately prior. As part of the requirements for a Temporary Graduate visa, you will need to have had adequate health insurance arrangements since the application was made. Upon being granted a Temporary Graduate visa, you will not be covered by OSHC as you will cease to meet the eligibility requirements due to no longer holding a Student visa. If this occurs and you do not have alternative health insurance policies in place, you will be in breach of condition 8501.
How can I comply with my visa conditions?
To ensure that there are no gaps in health insurance coverage throughout your visa application process, you may need to obtain additional private health insurance on top of your OSHC. If you have lodged an application for a Temporary Graduate visa, you will need to have health insurance other than OSHC in place, which begins as soon as your OSHC expires. However, if you obtain a subclass 485 visa before your health insurance policy comes into effect, you will need to immediately obtain adequate private health insurance starting from the day your visa was granted. You will be able to cancel your OSHC after getting your Temporary Graduate visa.
Related: Can Medicare Replace Health Insurance for Visas under Condition 8501?
If you are unsure which private health insurance policy to purchase, Overseas Visitor Health Cover (OVHC) policies are recommended. They will allow you to meet the minimum level of coverage needed to comply with condition 8501. However, if you think that OVHC will not meet your individual needs, you should seek out other private insurance arrangements.
What are the consequences of not having adequate cover?
If you do not have adequate health insurance coverage after obtaining your Temporary Graduate (Subclass 485) visa, you will be in breach of condition 8501. Failing to comply with a visa condition could lead to visa cancellation under section 116(b) of the Migration Act 1958 (Cth). However, this is a discretionary power, and you will be provided with a notice inviting you to respond to and comment on a potential cancellation.
You will become an unlawful non-citizen immediately upon cancellation, resulting in a potential 3-year exclusion period from being granted a visa where Public Interest Criteria (PIC) 4014 is applicable.
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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.
