Can HIV Affect an Australian Visa Application?
If you are living with HIV and wish to apply for an Australian visa, you may be concerned about how your diagnosis will impact the health requirement for the visa application. HIV can affect your application, but it may not automatically result in a visa refusal, depending on the visa subclass. However, Australia’s visa health requirements are highly scrutinised, and navigating them often requires a strategic legal approach.
The Australian Visa Health Requirement
Almost all Australian visas require applicants to meet strict health criteria, legally known as Public Interest Criteria (PIC) 4005 or PIC 4007. The Department of Home Affairs (DoHA) mandates health examinations to protect the Australian community from public health risks and to safeguard public expenditure on health and community services. Importantly, the challenge for applicants with HIV lies in the projected cost of their medical care.
The Significant Cost Threshold for Health Requirement
When you declare your HIV status and complete your medical examination, a Medical Officer of the Commonwealth (MOC) will assess your case. The MOC's primary job is to estimate the cost of your medical treatment over your proposed stay in Australia. For permanent visas, this cost is usually calculated over a hypothetical individual over a 10-year period.
If the MOC determines that your treatment will exceed the significant cost threshold (as of today, AUD 86,000), you will fail the standard health requirement. If you applied for a visa onshore, you may have the right to appeal the visa refusal.
Related: How does Immigration Assess Health Costs for Australian Visa Applications?
The Lifeline: The Health Waiver (PIC 4007)
If you fail the health requirement due to the cost of your HIV management, your visa will be refused unless your specific visa subclass allows for a health waiver.
Visas with PIC 4005: Do not have a health waiver provision. If you fail the health requirement, the visa will be refused. Examples include most Student (Subclass 500) visas and standard Visitor (Subclass 600) visas.
Visas with PIC 4007: Allow the Department to waive the health requirement. Examples include Partner (Subclass 820/801 or 309/100) visas, certain Employer-Sponsored (Subclass 186) visas – TRT stream, and others.
How to Argue a Health (PIC4007) Waiver?
Obtaining a health waiver under PIC 4007 is highly complex and discretionary. You must demonstrate to DoHA with new evidence that granting your visa will not result in undue cost to the Australian community. The Department will consider a wide range of compelling and compassionate circumstances, including:
Family ties
Employment and skills
Financial capacity
Location
Country of origin
Engage with an Accredited Specialist in Immigration Law with in-depth technical knowledge to assist with a tailored legal submission supported by the law and case studies specifically to your matter.
Read our clients’ testimonials on Agape Henry Crux and Accredited Specialist in Immigration Law, Jason Ling.
Related:
Don't Lie to Your Immigration Lawyer! Why Honesty is Your Best Defence
How do I Overcome Health Requirements if I Have a Child with Health Issues?
When to Engage an Immigration Lawyer: Benefits, Timing, and What to Expect
How Can Agape Henry Crux Help
For any ongoing health issues, such as diabetes, a heart issue, deafness or blindness or autism, understanding the health requirement for an Australian visa is important. 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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