Which Visa Subclasses Have Health Waiver Option?
Meeting the health requirement is one of the components of nearly every Australian visa application. For many, this is a straightforward process. However, if you or a family member applying with you has a medical condition that could pose a risk to public health or incur high costs to Australia’s health and community services, you might be wondering if a health waiver is an option.
The General Rule: Most Visas Do Not Have a Health Waiver
It is important to start with the baseline: for most Australian visa subclasses, if you (or a dependent) fail the health requirement (Public Interest Criteria 4005 or 4007), your visa application may be refused, and there is no waiver provision. This is particularly true for most temporary visas and many skilled permanent visas.
Which Visa Subclasses May Have a Health Waiver?
Health waivers are typically available for visa subclasses subject to PIC 4007 when there are strong humanitarian considerations, compelling family connections to Australia, or unique circumstances that clearly outweigh any potential costs or risks. Here are the main visa subclasses that may have a health waiver to meet the visa health requirement:
Family Stream Visas
Partner Visas (Subclass 820/801 or 309/100) are the most common visas where a health waiver can be sought. Strong family ties to an Australian citizen, permanent resident (PR), or eligible New Zealand citizen (the sponsor) can often be considered a “compelling and compassionate circumstance” affecting Australian interests.
Child visas (Subclass 101/802), for the best interests of an Australian child, are a powerful factor in health waiver applications.
Remaining Relative Visa (Subclass 115/835) is for individuals whose only close relatives live in Australia.
Employer-Sponsored Visas
Most employer-sponsored visas are subject to PIC4005, which does not have a health waiver provision. However, there are a few exceptions that are subject to PIC4007, where a health waiver provision can be sought:
Humanitarian & Protection Visas
All Refugee and Humanitarian Visas (Subclass 200-204) and Protection Visas (Subclass 866) are for individuals who are seeking protection in Australia, and a health waiver provision exists due to the severe circumstances.
Related: How Immigration Assesses Health Costs for Australian Visa Applications?
What are the Key Considerations for a Health Waiver?
If your visa subclass does allow for a health waiver, you must demonstrate:
The core of any waiver, which is the “compelling and compassionate circumstances” or “compelling circumstances affecting the interests of Australia”.
You need to present strong reasons, supported by documentation, for why your visa should be granted despite your health condition. These reasons often relate to the welfare of Australian citizens or permanent residents (e.g., an Australian partner or child who would be severely impacted by your refusal) or exceptional humanitarian factors.
A health waiver is always at the discretion of the Minister or their delegate. There is no automatic right to a waiver.
Related: How Can I Address Health or Character Issues in My Visa Application?
What To Do If You Need a Health Waiver?
Obtain medical reports from medical specialists detailing your existing ongoing condition.
Collect documents and statements that clearly support your claim of compelling and compassionate circumstances.
Consider speaking with an Accredited Specialist in Immigration Law for professional advice and guidance to ensure that you are eligible for a health waiver provision under your specific visa subclass. If you are eligible, the lawyers can assist in building a legal submission to address the concerns and liaise with the Department.
Related: Why Immigration Lawyers Cannot Guarantee Visa Outcomes?
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Can You Still Get a Visa If You Fail the Health Requirement? Complex Cases Explained
How do I Overcome Health Requirements if I Have a Child with Health Issues?
Meet Visa Health Requirements (PIC 4005 & 4007) | Why is it Important?
How Can Agape Henry Crux Help
Meeting Australia’s health requirements can be a complex part of the visa application process. Be fully transparent and seek expert advice on potential health waivers. Consider speaking with one of our Accredited Specialists in Immigration Law, Jason Ling or Angela De Silva, as they are experts 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 and Mandarin. We can also help you arrange an interpreter if this isn't your language.
Our founder and principal lawyer, Jason Ling, has been recognised in the 2026 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards.
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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