Health Waiver: Waiving the Health Requirement When You Have a Condition

A health waiver is a mechanism that allows a person who does not meet the health requirement to still be granted a visa in certain circumstances. It is not an automatic right — DHA considers each case individually.

What a health waiver is

When an application does not meet the health requirement, DHA does not always have to refuse it straight away. It may consider granting a health waiver — that is, waiving the health requirement under the relevant law — if the application meets certain criteria.

A health waiver is not available for all visa types and is not guaranteed to succeed.

When a health waiver may be requested

The main considerations for a waiver:

1. Community benefit: The applicant makes a significant contribution to the Australian community — for example, a particularly scarce occupational skill, or strong ties to the local community.

2. Medical costs seen as acceptable: Where the expected medical costs are not too great relative to the benefit provided.

3. Compassionate circumstances: A family needing to reunite, or other special situations.

Which visas allow a health waiver

A health waiver is available for:

• Visa 482 (TSS) — in some situations
• Visa 186 (ENS)
• Family visas (partner visa, parent visa)
• Some other visas under specific rules

A health waiver is not available or very limited for:

• Some student visas
• Short-term visitor visas

How DHA assesses a waiver

DHA weighs up:

1. The nature and severity of the condition
2. The expected medical costs during the stay in Australia
3. The risk to the community (if any)
4. The applicant’s benefit to Australia
5. Compassionate circumstances (especially for family visas)

What a health waiver request needs

• A full specialist report on the condition and prognosis
• Evidence of the actual treatment costs (not just an estimate)
• Documents showing the contribution/benefit to Australia
• Letters from relatives in Australia (if it is a family visa)
• An undertaking to meet medical costs yourself (where appropriate)

Chances of success

There are no official DHA statistics on the success rate of health waivers. In general:

• Family visas tend to have better waiver prospects than economic visas
• A stable condition with a good prognosis is more readily considered than a severe one
• Support from a migration agent experienced in health cases is very important

If a waiver is refused, you may still be able to seek review at the AAT — see the article on appealing a visa refused on health grounds.