SC482 or 186 Visa: Addressing the "One Fails, All Fail" Criteria for Family Members
Planning to apply for employer sponsored work visas such as Skills in Demand (SID) (Subclass 482) or Employer Nomination Scheme (ENS) (Subclass 186) visa and including family members in the application. A critical requirement of the process is understanding the “One Fails, All Fail” criterion, which can impact yours and your family’s visa application decision.
Understanding the “One Fails, All Fail” Criterion
The “One Fails, All Fail” criteria apply to visa applications where secondary applicants are included. Essentially, if any member of the applicant fails to meet the health requirement of PIC 4005 or PIC 4007, the entire visa application for the primary applicant and other secondary applicant(s) will be refused together.
Health assessments are important to meet as Australian immigration policies aim to ensure that new arrivals do not pose a public health risk and do not become a burden on the country’s healthcare system. If the visa applicant do not meet the health requirement, it will result in a visa refusal.
What happens if a Family Member Fails to meet health criteria (PIC 4007) for SC 482 and SC186?
The health requirement for SID (SC482) and ENS (SC186) is to meet PIC 4007. The Department of Home Affairs (DoHA) assesses the visa applicants’ health individually to ensure they are free from certain diseases or conditions that would result in significant costs to Australian healthcare. If the primary applicant or secondary applicant does not meet PIC 4007. They may be eligible to waive the health criteria for a chance of visa success. Speak with an Accredited Specialist in Immigration Lawyer for tailored guidance and assistance if you and/or your secondary applicant(s) do not meet the PIC 4007 health criteria.
Related:
How Can I Address Health or Character Issues in My Visa Application?
Can You Still Get a Visa If You Fail the Health Requirement? Complex Cases Explained
How Can Agape Henry Crux Help
Given the potential for the “One Fails, All Fail” criteria, it can set back your visa goals for Skills in Demand Visa (Subclass 482) or Employer Nomination Scheme (Subclass 186). There may be solutions for it. Reach out to one of our immigration lawyers at Agape Henry Crux for a tailored strategy session. Our team works with 2 of our Accredited Specialists in Immigration Law who specialise in handling highly complex matters. You can schedule an appointment with one of our lawyers or agents 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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