Health waiver

Most Australian visas have a requirement that the applicant be of good health. The purpose of this requirement is to prevent the spread of disease among the Australian community, and ensure the taxpayer is not required to cover ‘significant’ medical costs that a person with the same health condition could incur. The Department of Home Affairs does not consider whether the individual will actually access public healthcare, only whether someone with the same health condition could.

For temporary visas, costs are calculated as per the duration of the visa being applied for. For permanent visas, costs are calculated over a 5 year period, unless the individual has a condition that is ‘reasonably predictable’, in which case costs are calculated over a 10 year period.

The health requirement comes in different forms. Some visa subclasses have strict health requirements. Other visa subclasses allow the possibility of a waiver of the health requirement if the Department is satisfied granting the visa is unlikely to result in ‘undue cost’ to the Australian community or ‘undue prejudice’ to the Australian communities’ ability to access health and community services.

Some visas apply the health criteria as a ‘one fails all fail’ criteria. This means that if one family member fails the criterion, even if they are not migrating, the entire family will fail the health criteria.

Health matters are particularly technical and complex. Anyone concerned they may not satisfy health criteria is encouraged to discuss the matter with a qualified professional prior to submitting their visa application.

Character requirements

All Australian visas have a character requirement. This is aimed at ensuring the safety of the Australian community.

Where an individual has been sentenced to 12 months imprisonment or more, they will automatically fail the character test. Terms of imprisonment shorter than 12 months, convictions without imprisonment or even charges alone can also lead to failure of the character test. This is most common in matters involving violence against children, vulnerable people or dishonesty.

Individuals with character concerns should contact us prior to lodging their application to get a realistic understanding of the prospects of success. We can assist you by writing legal submissions to the Department highlighting factors that indicate visa grant is appropriate.

Pricing

Prices for health or character matters will vary significantly depending upon the nature of the case. Please contact our office for a fixed fee quote.