Can You Still Get a Visa If You Fail the Health Requirement? Complex Cases Explained

Applying for an Australian visa, applicants must meet the character and health requirements. The Australian government has strict health criteria intended to protect public health and prevent significant costs to the healthcare system. But what if you fail to meet these health requirements?

All visa applicants must undergo a health assessment to determine if they meet the required health standards for PIC 4005 and PIC 4007. For an applicant to fail their health examination, it may be due to various reasons, including a medical condition that requires extensive treatment and care, or a significant risk of transmitting infectious diseases. If you fail to meet the health criteria, your visa application may be refused.

What Are My Options After Failing the Health Requirement?

If you don't meet the health criteria, there are ways you may still be able to overcome it.

Speak with an Accredited Specialist in Immigration Law first for tailored professional legal advice and possible pathways to get a visa still and meet your objective.
Pathways may include submitting a waiver for the health requirement. Suppose you have strong reasons to stay in Australia, such as family ties, community contributions, and more. Engage with an immigration lawyer to build a compelling case for your visa matter.
If your health condition is treatable, you may want to consider undergoing treatment before reapplying for a new visa. Demonstrating improvement in your health condition can strengthen your future applications.
If a waiver is not a feasible option, consider other visa pathways.
If your visa has been refused due to your health condition, you may have the right to appeal the decision to the Administrative Review Tribunal (ART). We highly recommend consulting with an Accredited Specialist in Immigration Law for guidance.

How Can Agape Henry Crux Help

Failing to meet health criteria for an Australian visa can be disheartening, but it does not mean it is the end of your migration journey. By consulting with an Accredited Specialist in Immigration Law at Agape Henry Crux – Angela De Silva or Jason Ling, you can explore your options to meet your visa goals. Our team of immigration lawyers and registered migration agents specialise in handling highly complex matters. You can schedule an appointment with us to seek professional advice by calling 02-8310 5230 or emailing us at info@ahclawyers.com.

We speak fluent English, Mandarin and Cantonese. We can also help you arrange an interpreter if this isn't your language.

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.

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