Essential Conditions For Applicants To Avail Health Benefits For Australia Visa

24 Jun 2019

Australia has a top medical system in the world where it is important for the visa applicants to meet definite health requirements before obtaining the visa.

Reasons for refusal

The visa is refused for these reasons:

• Preventing the people from bringing any communicable diseases in the country. This is likely to cause a public health issue
• When a person may incur health care costs of medication, future surgery, or ongoing treatment, above the standards in Australia.
• In case the condition of a person is prejudicial for the access of Australians towards medical care.

People who suffer from a medical condition/disease, where the impact is heavy on the health care costs in case of granting a visa.  When these expenses reach $40,000.00, it is a significant category. The calculation of this amount is on actuarial basis and has the per capita figures on health and welfare services.

The significant costs

The calculation of significant costs happens as follows:

• In case of temporary visas applicant, period of stay in Australia is considered
• In case of permanent visa it is over a five-year stay period or three years if they reach/cross the age 75 years

Accepting a medical condition/disease depends on the severity of such cases.

Common conditions that raise the issue of refusing visa applications are:

• Cancer, Tuberculosis, Dialysis, HIV infection, Ebola Virus Disease, Functional or Intellectual impairment, Kidney failure, Organ transplants and Polio

The assessment is carried out by a Medical Officer of the Commonwealth.

The examples of visas under this category are

• Partner Visas,
• Regional Sponsored Migration Scheme visas
• Employer Nominated Sponsored -TRTS Stream for 457 visa holders

THE PUBLIC INTEREST CRITERIA

These two Public Interest Criteria are relevant to A Health Waivers:

PIC 4005

This is the standard health requirement and requires the applicant to suffer from a disease or condition where the potential costs to the Australian community is less than $40,000.00 for the visa period for temporary and permanent visa applicants.

PIC 4007

This is the most relaxed health related PIC in that it provides for health waivers if the Minister or his or her delegate is satisfied that the granting of the visa would be unlikely to result in undue cost to the Australian community. Therefore, if you can prove the costs will not be more than $40,000.00 and will not be significant you can usually satisfy this PIC.

NECESSARY INFORMATION WHILE APPLYING FOR HEALTH WAIVERS

Information for the Minister to consider includes the following:

• The English language skills
• Qualifications and work history of the applicants
• The shortage of talent in the job where applicants are nominated - local jurisdiction or entire Australia
• Present employment or employment prospects for applicants
• Assets and income of applicants
• Skills/contributions to the community by the applicants
• The opinion of the participating state/territory
• Case where Australian children will be adversely affected by the decision not to waive this heath requirement
• The location/circumstances of the applicant and family members of the sponsor
• Plan of family already settled or proposing to settle in a remote, rural or regional part
• The willingness/ability of persons or bodies to provide support
• Care arrangements in place or the proposed care arrangements
• Information regarding arrangements for the care of non-migrating applicants, and their likelihood to migrate to Australia
• Compelling circumstances that demand giving a waiver

MORE INFORMATION REGARDING HEALTH WAIVERS

Submission for A health waiver is complex and purely technical in the migration law. It is important to seek all expert advice regarding health waivers. We will be happy to answer your concerns for Australian visas in this regard. Please contact us.