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Health Waivers


The health criteria can be waived for the following visas:

• spouse / de facto spouse
• interdependent partner
• fiance(e)
• dependent child
• resolution of status
• refugee and humanitarian visas granted overseas, and
• temporary humanitarian stay.

It can be waived also for
• Temporary Protection Visa holders (subclass 785),
• Temporary Humanitarian Visa holders (subclasses 447 and 451)
• Return Pending Visa holders (subclass 695)
who were in Australia on 27 August 2004 and are now applying for mainstream visas.

It is not possible to waive the health criteria for people who have tuberculosis or other disease which is a threat to public health.

The Department can only grant a visa under the health waiver criteria if it is satisfied that this will not cost the Australian community too much, or affect access to health care for other Australian citizens and permanent residents.

To prove this you should provide the following sorts of information:

• a detailed medical report indicating the nature of the condition or disease, when or if it is likely to become debilitating and the likely costs of treatment

• evidence showing what support is available, eg by family members at no cost to the public the positive contribution that the applicant can make to Australia, eg are they going to be able to work for a number of years and pay taxes

• what would happen to the family/couple if the visa is refused, eg will they be permanently separated

• whether there are any Australian children who will be adversely affected if the visa is not granted

• evidence that your health will not deteriorate while in Australia

• evidence of why the sponsor cannot join you in your own country, and

• any other relevant humanitarian and compassionate circumstances.

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Last update: 13/06/06

LEGAL DISCLAIMER
The information on this website is not a substitute for legal advice.
If you have legal questions about a case, you should seek assistance from RAILS or another registered migration agent. Immigration law is constantly changing and no responsibility is taken for the accuracy of any information that may appear on this or any linked websites.

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