Look, you have done everything right. You have gathered your documents, met the eligibility criteria, passed the character test. Then a medical assessment comes back, and suddenly your visa is at risk.
I have seen this happen more times than I can count. A client with a chronic condition. A family member who needs ongoing treatment. Someone with a health history that triggers the "significant cost" threshold. And they assume it is over.
It is not. That is what health waivers are for.
What Is a Health Waiver?
Under the Migration Act 1958, most visa applicants must meet specific health requirements. The idea is to ensure applicants will not place an unreasonable burden on Australia's healthcare system or pose a public health risk.
But the law also recognises that rigid rules do not fit every situation. A health waiver allows you to be granted a visa even if you fail the standard health criteria, provided you can make a compelling case.
This is not automatic. You need to apply for it, and you need to get it right.
When Would You Need a Health Waiver?
You will need to consider a health waiver if your medical assessment indicates you do not meet the health requirement. Common situations include:
• A condition likely to cost the Australian health system more than the threshold (currently around $51,000 over your visa period)
• Chronic illnesses requiring ongoing treatment or specialist care
• Physical or mental health conditions that need significant medical attention
• Infectious diseases, even if well-managed
The threshold calculation is not straightforward. Home Affairs looks at projected costs over the relevant period, which varies depending on your visa type. For permanent visas, they assess lifetime costs. That number adds up fast.
How the Health Waiver Process Works
This is where most applications go wrong. People assume a letter from their doctor and a few forms will do it. That is rarely enough.
1. Understand What Home Affairs Actually Assesses
The Department considers several factors when deciding whether to grant a waiver:
• The severity and prognosis of your condition
• Projected costs to Medicare and public health services
• Whether you pose any risk to public health
• What mitigation measures you have in place
• Compelling circumstances that weigh in your favour
That last point matters more than people realise. If you are applying for a partner visa and your Australian spouse would face genuine hardship if separated from you, that is relevant. If you have children who are Australian citizens, that is relevant. Home Affairs does not just look at medical costs in isolation.
2. Build Your Evidence Properly
A successful health waiver application needs:
• Detailed medical reports from qualified specialists, not just your GP
• A clear prognosis and treatment plan
• Evidence of private health insurance coverage
• Proof of financial capacity to fund your own treatment
• Statements explaining the impact of a refusal on you and your family
• Any evidence of community ties, employment, or other contributions to Australia
The medical evidence needs to directly address the criteria. A generic report saying "patient is stable" does not help. You need specifics about expected treatment frequency, medication costs, likelihood of hospitalisation, and long-term outlook.
3. Submit at the Right Time
You submit your health waiver request alongside your visa application. If the health issue only becomes apparent after your medical examination, you will typically receive a natural justice letter giving you an opportunity to respond. That is your window.
Do not waste it.
What If the Waiver Is Refused?
A health waiver refusal does not always mean the end. Depending on your visa type, you may have options to appeal to the AAT or seek judicial review. The key is understanding why the decision went against you and whether there are grounds to challenge it.
I have had cases where the original decision-maker simply did not weigh the evidence properly. Fresh eyes at the AAT, with the right submissions, can make the difference.
What Should You Do Now?
If you are facing a health-related visa issue, do not assume the worst. And do not try to handle it alone. Health waiver applications are technical, and the stakes are high.
The difference between approval and refusal often comes down to how the case is presented. What evidence you include. What arguments you make. How you frame the compelling circumstances.
Book a consultation and let us work out exactly where you stand. The rules give you a pathway. You just need to use it properly.
This article provides general information only and does not constitute legal advice. For advice on your specific circumstances, book a consultation.
