Am I Eligible for Social Security Benefits and Medicare While Holding an Australian Visa?

Whether you are eligible to obtain social security and/or medicare while in Australia is going to depend largely on what visa you are holding.

I am holding a permanent visa

All holders of permanent visas are eligible for Medicare under section 3 of the Health Insurance Act 1973. However, to be eligible for social security payments, holders of permanent visas will usually need to satisfy a residential waiting period before they can receive payments – the waiting period differs depending on the type of social security they are hoping to receive:

However, as with all cases, there are exceptions to these waiting periods. For example, holders of protection and humanitarian type visas will not have any residential waiting periods and single parents are exempt from the waiting period for Parenting Payments, JobSeeker or Youth Allowance.

I am holding a temporary visa

Only limited types of temporary visas will qualify you to receive social security and only if you are able to meet certain eligibility criteria. These exempt temporary visas are as follows:

Partner (subclass 309) or Partner (subclass 820) visa – the temporary version of the Partner visa will only entitle you to Special Benefit if you can show that:
- You are in financial hardship (<$5,000); and
- You have experienced a substantial change in circumstances beyond your control after arriving in Australia (e.g., separation from sponsor or family violence)
Temporary protection and humanitarian visas – eligible for Special Benefit if you can show financial hardship.
Criminal Justice Stay visa - eligible for Special Benefit if you can show financial hardship.
Holders of temporary visa with the care of an Australian permanent resident or citizen child - eligible for Special Benefit at the JobSeeker (single with child) rate in the child’s name.

Only the following temporary visas will qualify you for Medicare:

Skilled Work Regional Provisional (subclass 491) visa
Skilled Employer Sponsored Regional Provisional (subclass 494) visa
The temporary contributory Parent (subclasses 173 and 884) visas
Safe Haven Enterprise (subclass 790) visa
Temporary Protection (subclass 785) visa
Witness Protection (Trafficking) Temporary (subclass 787) visa
Temporary Humanitarian Concern (subclass 786) visa
Illegal maritime arrivals holding a Humanitarian Stay (subclass 449) visa
Secondary Movement Offshore Entry (subclass 447) visa

However, you will also be eligible for Medicare if you hold a temporary visa but is the de facto partner or spouse of an Australian citizen or permanent resident.

I am holding a bridging visa

The only bridging visas that will entitle you to receive Special Benefit are the Bridging Visa F (subclass 060) and the Bridging Visa R (subclasses 070), and you will still need to show that you are in financial hardship.

The ability to obtain Medicare while on a bridging visa is a bit broader and the following people may be eligible for it:

Illegal maritime arrivals holding a Bridging E (Class WE) visa
People holding a Bridging visa while waiting for a decision on a pending permanent visa application (other than a parent visa). However, you will also need to show that:
- You hold work rights; and
- You are the parent, spouse or child of an Australian citizen or permanent resident.
People holding a Bridging visa who are able to demonstrate that they are the de facto partner or spouse of an Australian citizen or permanent resident.

As is evident from our exploration above, there are myriad arrangements in place for both temporary and permanent visa holders. Though the purpose of your stay will always be the primary guiding point in selecting the most appropriate visa, AHC Lawyers can assist you in choosing the right strategy for you and/or your family members that may also benefit you from a social security or Medicare perspective.

How can Agape Henry Crux Help You?

If you want to find out more, please do not hesitate to contact us. You can book a Migration Planning Session with one of our immigration lawyers to seek professional advice by calling 02-7200 2700 or email us to book in a time at info@ahclawyers.com.

We speak fluent English, Korean, Mandarin, Cantonese, Indonesian, Burmese and Malay. If these aren’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.