Child with Autism: How to Overcome Challenges for Your PR Application

For families applying for permanent residency (PR), the health requirement can be one of the stressful parts of the process. If you have a child with autism spectrum disorder (ASD), you may have heard or experienced that your visa application may be refused because of the potential costs to the Australian community. While having a child with autism does make the application more technical, it is not an automatic reason for a visa refusal.

Why is Autism Flagged by the Department?

Every person included in a PR application must meet the health requirements. When a child has autism, the Medical Officer of the Commonwealth (MOC) will look at whether the child’s condition will result in a “significant cost” on Australia’s publicly funded health and community services.

The Department currently uses a cost threshold of approximately AUD 86,000 (this amount can be updated). If the MOC estimates the project costs that your child’s condition, based on a hypothetical individual in Australia, will require services, such as special education, speech therapy, occupational therapy, or NDIS support that exceeds this amount over a certain period (i.e. 10 years), they will issue a notice stating that the health requirement has not been met.

The One Fail, All Fail Rule

In Australian migration law, if a family member (such as a child) fails the health requirement, the entire family’s PR application is usually refused. This is why it is so important to address health issues early and strategically, best with professional assistance.

The Health Waiver (PIC 4007)

The primary way to overcome a health-related challenge is through a health waiver. A health waiver is a formal request to the Department to waive high medical costs for reasons other than medical necessity.

Important: not all visas have a health waiver option. Visas such as the Employer Nomination Scheme (ENS) (Subclass 186) (TRT stream only) and most family visas allow a waiver, but the GSM program, such as the Skilled Independent (Subclass 189) visa, does not.

How to Build a Strong Case for Your Child?

To successfully overcome a potential refusal, we strongly suggest that you get professional advice and guidance from an Accredited Specialist in Immigration Law before taking any action. You must prove that the benefits of your family staying in Australia outweigh the costs of your child’s care. Here is what you can focus on:

Provide current reports showing your child’s specific needs. If your child is high-functioning or requires minimal support, clear evidence from a paediatrician or psychologist is important.
Highlight the parents' skills and their contributions to Australia’s economy. If the parents work in high-demand fields, like healthcare or engineering, the Department is more likely to grant a waiver.
If you have Australian family members or have been living in a local community for many years, these compassionate and compelling ties are very persuasive.

Why You Need Professional Assistance?

Arguing for a health waiver is a complex legal task. It is not just about the child’s medical records; it is about preparing a legal submission and evidence-building by balancing the law, policy, and your family’s unique story. An immigration lawyer can help you check whether your specific visa subclass allows a health waiver. Assist in reviewing your child’s medical reports to ensure they are presented correctly and draft a robust submission explaining why your specific situation.

How Can Agape Henry Crux Help

A diagnosis of autism should not end your family's Australian dream. By understanding the "significant cost" rule and utilising the health waiver pathway, many families successfully secure their PR. The key is to be proactive and gather the right evidence long before the Medical Officer makes a decision.

At Agape Henry Crux, we are experts in complex health cases and have helped many families with children who have autism or other conditions secure their future in Australia. 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, is recognised in the 2026 edition of The Best Lawyers in Australia™ and the 2027 edition of The Best Lawyers in Australia™. Agape Henry Crux is named as Best Immigration Law Firm 2025 - Sydney by APAC Insider Awards and the 2027 edition of The Best Law Firms™ - Australia.

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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