How Health Criteria May Impact Your Visa Application?
Applying for a visa to Australia, there are various factors that can determine the outcome of your application, and one of the important aspects is the health criteria. The Australian government imposes strict health requirements to protect the community from public health risks and ensure that migrants do not impose undue costs on the healthcare system.
What Are Health Criteria?
The health criteria are outlined in Public Interest Criteria (PIC) 4005 and PIC 4007. Both criteria require the applicants:
To undertake a medical assessment.
To be free from tuberculosis and from any diseases or conditions; and
To not be a threat to the public health in Australia.
Is there a Cost Threshold to Meet the Health Criteria for Visa Applicants?
Additionally, if an applicant has a permanent condition, there is a “significant cost” threshold that is likely to be incurred by the Australian community for each applicant. The current significant cost threshold is at AUD 86,000.
For temporary visa applicants, costs are assessed over the valid stay period.
For permanent visa applicants, costs are assessed for up to 10 years.
Below is a detailed breakdown of the health criteria for temporary, provisional and permanent visa and the Medical Officer of the Commonwealth (MOC) cost assessment period:
| Visa Type | Medical Officer of Commonwealth (MOC) cost assessment period | |
|---|---|---|
| Temporary | Maximum period of stay allowed on the visa and/or the period of stay the visa delegate intends to grant the visa for | |
| Permanent and Provisional | Applicants aged 75 years or older | 3 years |
| Applicants with a reasonably predictable (beyond a 5 year period) permanent condition | A maximum of 10 years | |
| Applicants with a reasonably predictable (65% likelihood) reduced life expectancy | A maximum of 10 years | |
| All other permanent and provisional visa applicants | 5 years |
How do I calculate the “significant cost” threshold?
The AUD 86,000 includes your medical costs, consultation fees, any treatments or surgeries, and ongoing medications that you may require over the period of your visa validity or up to 10 years if you hold a PR visa status. If your medical costs exceed the threshold, your visa application may be refused.
What if I have been diagnosed with a mental health condition?
If an applicant has a mental health condition, they will need to undergo a health examination to determine whether their condition poses a risk to public health or would result in significant healthcare costs to the Australian community. If their health cost do not exceed the significant cost threshold and they do not pose risk to the Australian public, then they are still able to meet the PIC 4005.
What If I Have an Infectious Disease?
If you currently have an infectious disease, your visa will most likely be refused due to the abovementioned PIC 4005. Typically, with health criteria, if there are secondary applicants, it is a one-fail, all-fail criteria. If one applicant does not meet the health criteria, everybody else’s visas will also be refused, and there will be no opportunity to apply for a health waiver.
What Visa Can Apply for Health Waiver?
If visas are required to meet PIC 4007, the applicant can then apply for a health waiver. Visas that require meeting the PIC 4007 are but not exclusive to:
Employer Nomination Scheme (ENS) Subclass 186 (Temporary Residence Transition (TRT) stream only)
How Can Agape Henry Crux Help
If you have any health issues concerning your visa application, reach out for professional assistance from one of our Accredited Specialists in Immigration Law at Agape Henry Crux. Our team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.
We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.
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.
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