Can a Child’s Medical Condition Affect a Parent’s Visa Application?
When a family plans a move to Australia, the focus is usually on the primary applicant’s skills, job offer, or points score. However, many parents are surprised to learn that their child’s health can be the factor that determines whether the entire family is allowed to stay. There is a very strict principle known as the one fails, all fail rule in the Australian migration system.
What is the "One Fails, All Fail" Rule?
Most Australian visas are granted to members of the family units (MoFU). This usually includes the main applicant (the parent), their partner, and their dependent children.
Under migration law, for a visa to be granted, every single person included in the application must meet the health requirement (PIC 4005 or PIC 4007). If one person fails the health test, even a young child who is not the main applicant, the law generally requires the Department of Home Affairs (DoHA) to refuse the visas for the entire family.
Related: How Your Health May Impact Your Visa Application?
How is a Child’s Health Assessed?
When your family completes their visa medical health test, a Medical Officer of the Commonwealth (MOC) reviews the results. They are looking to see the potential costs to the Australian public. The Department uses a significant cost threshold of AUD 86,000. If the MOC estimates that your child’s condition, such as autism, a heart issue, or a developmental delay, will cost the Australian taxpayer more than $86,000 over a 10-year period in healthcare or community services, the child will fail the health requirement.
Related: How Does Immigration Assess Health Costs for Australian Visa Applications?
Common Conditions that Impact Visa Applications
Conditions that often trigger a "significant cost" finding for children include:
Intellectual or physical disabilities
Genetic disorders, such as Down syndrome
Chronic illnesses, like autoimmune diseases or heart conditions
The Health Waiver for PIC4007
If your child is found to have a high-cost condition, it does not always mean your dreams of staying in Australia are over. For certain visa subclasses, you can request a health waiver under PIC 4007. A health waiver allows the Department to assess the visa application despite the high estimated medical costs if the parents can prove compelling and compassionate reasons for the family to remain.
Important: Some visas, such as Skilled Independent (Subclass 189) Visa or Skilled Nominated (Subclass 190) Visa, follow the strict PIC 4005 rule, which does not allow a health waiver. If you apply for one of these visas and your child fails the health test, the application will be refused. Read on what you can do next if your visa is refused due to PIC 4005: Can You Appeal a Visa Refusal Due to Failing to Meet Health Requirements?
Related: How do I Overcome Health Requirements if I Have a Child with Health Issues?
Practical Advice for Parents
Before you apply for a visa, find out if it is subject to PIC 4005 (no waiver) or PIC 4007 (waiver possible). If your child has a health issue, choosing a visa with a waiver option is a much safer option.
Don't wait for the Department to ask. Get up-to-date reports from your child's specialists showing that their condition is stable and manageable.
Be proactive, speak with an Accredited Specialist in Immigration Law for any complex health-related visa matters.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
How Can Agape Henry Crux Help
The health of your child is legally linked to the success of your own visa application. While the "one fails, all fail" rule is strict, the health waiver pathway offers many families a way to stay together in Australia. At Agape Henry Crux, we specialise in complex health cases and have assisted many clients to 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 in 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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