Health waiver letter received? Check its response date and seek an Australian migration lawyer promptly. The shared enquiry form sends private questions to Australian Migration Lawyers.
Health waiver at a glance
| Cost threshold | Who invites | What to submit |
|---|---|---|
| $86,000. Home Affairs’ Protecting health care and community services page describes this as the estimated average health and welfare cost per Australian over five years. Last updated 1 July 2024; reviewed every two years. | The visa processing officer. Home Affairs’ Health waivers page says the officer contacts you if a waiver is available after the medical assessment finds the cost or access limb unmet. There is no separate application or form to lodge first. | The Department’s formal submission template. Home Affairs’ Health waivers page asks why the waiver should be exercised, how you or your family can lessen costs and reliance on services, and any compassionate and compelling circumstances. |
What is the partner visa health requirement?
PIC 4007 is the health criterion used for partner visas. Under the Migration Regulations 1994, Schedule 4 clause 4007(1), it requires you to:
- be free from tuberculosis;
- be free from a disease or condition threatening public health or endangering the Australian community;
- meet the cost and access tests for health care and community services;
- undergo requested medical assessments; and
- give a health undertaking if requested.
The cost and access tests concern conditions likely to require services whose provision would cause significant costs or prejudice Australians’ access to services in short supply. Home Affairs’ Health page explains that a Medical Officer of the Commonwealth (MOC) assesses the medical results.
PIC 4007 or PIC 4005: which applies to each partner subclass?
Partner visas use PIC 4007, not PIC 4005. The Migration Regulations 1994 list PIC 4007 for all five subclasses below, including the Prospective Marriage visa.
| Subclass | PIC | Health waiver available? |
|---|---|---|
| 820 — temporary partner | 4007 | Yes, subject to the waiver conditions |
| 801 — permanent partner | 4007 | Yes, subject to the waiver conditions |
| 309 — provisional partner | 4007 | Yes, subject to the waiver conditions |
| 100 — permanent partner | 4007 | Yes, subject to the waiver conditions |
| 300 — prospective marriage | 4007 | Yes, subject to the waiver conditions |
| Family members not applying | Must meet 4007 unless the Minister considers it unreasonable to require assessment | — |
PIC 4005 has the same health tests but no waiver subclause under the Migration Regulations 1994. No partner subclass uses it. A health issue affecting a family member who is not migrating can therefore still require attention during partner visa processing.
When is a health waiver available?
Yes—if the failure concerns only the cost or short-supply access limb. Migration Regulations 1994 clause 4007(2) also requires that:
- you satisfy every other criterion for the visa; and
- the Minister is satisfied that granting the visa is unlikely to result in undue cost or undue prejudice to Australians’ access to health care or community services.
No—a waiver cannot cover tuberculosis or a condition threatening public health or endangering the community. Home Affairs’ Health waivers page distinguishes these non-waivable requirements from the cost and access requirements.
Children born and ordinarily resident in Australia receive a separate assessment: Migration Regulations 1994 clause 4007(1)(c) excludes them from the cost and access limb. This is distinct from exercising a waiver.
The Significant Cost Threshold
The Significant Cost Threshold is currently $86,000. Home Affairs’ Protecting health care and community services page says it was last updated on 1 July 2024 and is reviewed every two years.
The same Home Affairs page explains that the threshold uses Australian Institute of Health and Welfare health and welfare spending data to estimate the average cost per Australian over five years, projected to the current year. It is an assessment benchmark—not a fee you pay.
For provisional or permanent visa applicants, Home Affairs describes these assessment periods:
| Circumstances | Cost assessment period |
|---|---|
| General assessment | Five years |
| Applicant aged 75 or older | Three years |
| Permanent or ongoing condition with a reasonably predictable course | Up to ten years |
An estimated cost above $86,000 fails the significant-cost test, according to Home Affairs’ Protecting health care and community services page. That page currently identifies organ transplants and dialysis as services in short supply, so access can be an issue separately from cost.
A diagnosis does not automatically mean the threshold is exceeded. Home Affairs says the estimate depends on the condition’s kind and severity and the assessment period. Its published guidance does not settle here which period applies to the temporary 820 stage of a combined 820/801 application; do not assume that period from the table alone.
How a health waiver works
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Complete the health examinations. Home Affairs’ Partner visa FAQs say health checks can be completed after you apply and results are valid for 12 months.
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The MOC assesses your medical situation. Home Affairs’ Health page describes assessment of public health, likely costs and access to short-supply services. The MOC “can only consider your medical situation”—not private health insurance or money available to pay for care.
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The processing officer invites a submission. Home Affairs’ Health waivers page says no waiver application is needed. If a waiver is available, the officer contacts you.
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Respond using the Department’s template. Home Affairs’ Health waivers page asks for further information and a formal submission. Complete the template and provide supporting evidence within the period in the letter; do not assume a standard response deadline.
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The Department decides whether to exercise the waiver. Home Affairs’ Health waivers page says processing continues if it is exercised. If it is not exercised, the visa application is refused.
What makes a health waiver succeed?
There is no guaranteed submission formula. The useful question is whether your evidence addresses the legal test and the information requested. These five points follow from PIC 4007 and Home Affairs’ waiver guidance:
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Check every other visa criterion. Migration Regulations 1994 clause 4007(2)(a) makes this a prerequisite. Review relationship evidence, sponsorship and character documents rather than concentrating only on health. Home Affairs’ partner visa pages state that police certificates are valid for 12 months.
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Support any proposed reduction in costs or reliance on services. Home Affairs’ Health waivers page asks how you or your family can lessen these impacts. Insurance or private means belong in this submission as potential mitigation—not in the MOC’s medical assessment, where Home Affairs says they cannot be considered.
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Explain compassionate and compelling circumstances. Home Affairs’ Health waivers page invites this information. Tie your explanation to supporting documents rather than relying on a general statement of hardship.
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Address both relevant legal concepts. Migration Regulations 1994 clause 4007(2)(b) asks whether grant is unlikely to cause “undue cost” or “undue prejudice to access”. Identify which issue the assessment raises and address it directly.
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Complete the Department’s template and meet the invitation deadline. Home Affairs’ Health waivers page specifies a formal submission template. A generic sample is not a substitute for answering the officer’s request with evidence about your circumstances.
Refusal on health grounds
A health-ground refusal means the relevant health criterion has not been satisfied and, where available, the waiver has not been exercised. Home Affairs’ Health waivers page says the application is refused if the waiver is declined. Under Migration Act 1958 section 66(2), the notice must identify the unmet criterion, explain the reasons and, if reviewable, give review instructions.
Diabetes, HIV, high blood pressure or disability does not lead to refusal simply by name. For cost assessment, Home Affairs’ Protecting health care and community services page says the person’s condition, its severity and the assessment period determine the estimate. A diagnosis alone does not answer whether PIC 4007 is met or whether a waiver will be exercised.
For a reviewable 820 or 801 refusal, the Migration Act 1958 requires the applicant to seek Administrative Review Tribunal (ART) review while physically in Australia. Under the Migration Regulations 1994, the applicant also seeks review of a 309 refusal; the sponsor seeks review of a 300 refusal.
Migration Act 1958 section 347 gives 28 days after the day of notification, or 14 days if in immigration detention on that day. There is no extension. The ART’s Fees page lists the migration review fee as $3,727 from 1 July 2026. Have the notice and deadline checked promptly; see Australian visa refusal for the broader refusal pathway.
Health examinations: timing and validity
Health examination results are valid for 12 months from the examinations. Home Affairs’ Partner visa FAQs say checks can be completed after applying, a requested health undertaking is valid for six months, and further examinations may be required if results expire before a decision.
Home Affairs’ Permanent Partner visa (subclass 801) page also says health checks may be requested again at the permanent stage. Keep examination dates alongside the invitation deadline so the lawyer can check what remains current.
Common mistakes
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Waiting to “apply” for a waiver. Home Affairs’ Health waivers page says there is no separate application: the processing officer invites the submission.
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Ignoring other criteria while the waiver is pending. Migration Regulations 1994 clause 4007(2)(a) requires every other criterion to be met. Check whether police certificates or health results need updating; Home Affairs gives both a 12-month validity period.
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Arguing insurance or savings at the medical stage. Home Affairs’ Health page says the MOC cannot consider them. Address relevant mitigation in the officer-invited submission instead.
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Expecting a waiver for tuberculosis or a public-health risk. Home Affairs’ Health waivers page says those requirements cannot be waived.
FAQ
What is a health waiver?
It is the Department’s decision to waive the cost or access limb of PIC 4007. Migration Regulations 1994 clause 4007(2) requires every other visa criterion to be met and grant to be unlikely to cause undue cost or undue prejudice to access.
How much does a health waiver cost?
Home Affairs’ Health waivers page requires no separate application and lists no separate waiver charge. If you engage a lawyer, submission preparation is professional work charged under your agreement. The final section below links to the lawyer cost guide.
A partner visa with Australian Migration Lawyers usually costs $14,000 plus GST, separate from the Home Affairs visa application charge.
Who qualifies for a waiver?
An applicant whose visa criteria include PIC 4007—all five partner-pathway subclasses—may be considered if every other criterion is met and the failure concerns only cost or access. Migration Regulations 1994 clause 4007 does not permit waiver of tuberculosis, public-health threat or community-danger requirements.
How long does a health waiver take?
Home Affairs’ Health waivers page gives no processing timeframe and says each waiver is considered case by case. Use the response period in your invitation to plan the submission, not an assumed decision date.
A lawyer’s health waiver submission
An Australian migration lawyer can check the invitation, identify the cost or access issue, compare the proposed evidence with the medical assessment and review the remaining visa criteria. The practical benefit is a submission that answers the officer’s request, identifies missing documents and keeps the deadline visible—not a prediction of the decision.
For preparation costs, see spouse visa lawyer cost. For the wider partner visa pathway and legal-help options, return to the Partner Visa Lawyer guide, a guide to legal help with Australian partner visas.
Ask an Australian migration lawyer to check the remaining visa criteria and prepare the officer-invited PIC 4007(2) submission using the Department’s template and relevant cost or access evidence.