A waiver of the need to meet the health requirement (a health waiver) is available for applicants of certain visa subclasses.
Note: No health waiver is available where you have been found to have active tuberculosis, or another condition considered to be a
threat to public health.
Health waivers for Temporary Work (Skilled) (subclass 457) visa applicants
If you have applied for a subclass 457 visa, a health waiver can be exercised if you or one of your dependants:
- fail to meet the health requirement on significant costs or prejudice to access grounds, and
- your Australian employer signs a 'nominator undertaking' agreeing to meet all the costs relating to the health condition that caused you or one of your dependants to fail to meet the health requirement.
We refer to this as a
Public Interest Criteria (PIC) 4006A health waiver.
Health waivers for other visas
A health waiver is available to be considered for certain other visas where we are satisfied that the granting of the visa would be unlikely to result in undue costs or prejudice to access. These waivers are referred to as a
PIC 4007 health waiver.
Visas that have a health waiver provision
A health waiver may only be exercised after a Medical Officer of the Commonwealth has determined that the visa applicant does not meet the health requirement and where we are satisfied that the granting of the visa would be unlikely to result in:
- undue costs or
- further pressure on health care and community services that are in already short supply in Australia. We refer to this as 'prejudice to access'.
For more information, see
significant costs and services in short supply.
Health waiver process
You do not need to apply for a health waiver. If you are eligible to be considered for a health waiver we will send you a letter advising that you (or one of your dependants) have failed to meet the health requirement and that a health waiver is going to be considered.
The letter will invite you to put forward additional claims and information in support of a health waiver being exercised. If you are a skilled visa applicant, you will also be asked to complete a formal submission template outlining why a health waiver should be exercised in your case.
Once your response has been received, we will then assess your ability and the ability of any of your supporters to mitigate the potential costs and use of health care and community services, and any compassionate and compelling circumstances that would support a health waiver being exercised in your case.
Each health waiver is examined and determined on a case by case basis. The delegate will consider all the available information, including information you put forward in support of a health waiver.
Note: Where the estimated health care and community service costs of the disease or condition are AUD500 000 or greater, and/or prejudice to access has been identified, your case officer will be required to refer your case to our national office in Canberra for a recommendation.
For some older skilled visa subclasses, we may also refer your case to the Australian state or territory government agency in which you seek to reside if your visa is granted for a recommendation as to whether they would support a health waiver being exercised.
Exercising the health waiver
If a health waiver is exercised, processing of your visa application will continue.
Note: A health waiver that is available for a subclass 457 visa may not be available for a permanent visa.
Not exercising the health waiver
If a health waiver is not exercised, your visa will be refused and you will be notified of this decision.