All Australian visas have health criteria that must be met. For some visas, not being able to meet the health criteria can result in a refusal.
If you have a medical condition and you’re worried this may mean you can’t meet the health criteria for a visa, you need to think carefully about your immigration strategy. There is little point in meeting specific visa criteria unless you first consider the applicable health requirement and whether any health waiver is available.
1. What conditions may cause me to fail the health criteria?
You may not meet the health criteria if you have a chronic or progressive medical condition that requires medical treatment, support services and/or ongoing medical follow up. Conditions like cancer, HIV, multiple sclerosis, complex mental or psychological disorders, cystic fibrosis, kidney problems, diabetes and Down’s syndrome can be problematic. If you have tuberculosis, you cannot be granted a visa and may be required to undergo further medical treatment. You may also fail the health criteria if you have a condition that may prevent Australian citizens and permanent residents accessing health care or community services that are in high demand. This may include conditions that could result in you needing an organ transplant or dialysis.
2. Which visas have a health waiver?
Only some visas give you the ability to seek a waiver of the health requirements. As at March 2026, visas with a health waiver include:
- Partner (subclass 820/801 and subclass 309/100) visas,
- Prospective Marriage (subclass 300) visa,
- Child (subclass 802) visa,
- Adoption (subclass 102) visa,
- Skills in Demand (subclass 482) visa,
- National Innovation (subclass 858) visa,
- some Skilled Employer Sponsored Regional (subclass 494) visas,
- some Employer Nomination Scheme (subclass 186) visas, and
- some humanitarian visas.
3. What is a health waiver?
A health waiver allows the visa to be granted even if an applicant doesn’t meet the health requirements. It only applies in certain circumstances and to certain visas.
Public Interest Criterion 4007(2) allows for a health waiver if you (or a non-migrating member of your family unit) has failed to meet the health requirement. Someone can fail to meet the health criteria if they have been assessed as having a disease or condition that is likely to result in significant costs for health care and community services, or prejudice the access of Australian citizens or permanent residents to such services. If you satisfy all other criteria for the grant of the visa you’ve applied for, the Department of Home Affairs then considers whether the granting of the visa would be unlikely to result in undue cost to the Australian community or undue prejudice to the access to health care or community services of Australian citizens or permanent residents.
4. What does ‘significant cost’ mean?
Current Departmental policy identifies that the significant cost threshold is AU$86,000. This means that if your medical condition is assessed as costing over that amount for the relevant period, you will be assessed as not meeting the health requirement.
5. What does ‘undue cost’ mean?
Lots of things can be taken into account in determining whether costs or prejudice to access are undue. The Department will consider how you can offset some of the costs or services they believe may arise or be needed as a result of your condition. Close family ties to Australia and reasons why the visa applicant might not be able to return to their home country are also considered, as well as other compelling or compassionate circumstances more generally.
Each waiver request is assessed on a case by case basis and must be supported by evidence supporting the arguments you’re making.
6. Can I just show that I have money in a bank account that I’ll use to pay my medical costs?
Simply having lots of money in your account isn’t going to mean the waiver is automatic, but it certainly doesn’t hurt. At the end of the day, your overall circumstances will be considered in deciding a waiver.
7. What if I don’t actually need any treatment at the moment? Doesn’t that mean I have no medical costs?
The legislation is worded in such a way as to require the Medical Officer of the Commonwealth to make an assessment against a “hypothetical person” who is the same age and has the same condition as you, with the same level of severity. As a result, your specific circumstances don’t affect the assessment, but can certainly be important arguments in a waiver.
Get help if you need it
Health waivers are complex. If the process seems confusing, daunting or if you’re worried about whether you will meet the health requirement for the visa you want to apply for, we can help you. Kathryn Viegas has been preparing health waivers for over 20 years. She has been recognised as one of Australia’s best immigration lawyers and is an Accredited Specialist in Immigration Law. Book a consultation to speak with Kathryn and work out exactly what strategy works best for you.
DISCLAIMER: The information contained on this page is of a general nature only and should not be used as legal advice. The information is current as at the date of publication and is subject to change. If you do want legal advice on your particular situation, please contact us. Liability limited by a scheme approved under Professional Standards Legislation.
