The Health Requirement for Partner Visas: Waivers and Family Members

Everyone applying for a partner visa must meet the health requirement. For partner visas, there is an important safeguard: a health waiver may be available if a condition would cost the Australian community too much. This guide explains how the health requirement works for the 820 and 801, the 309 and 100 and the 300.

The health checks

Applicants usually need a medical examination, a chest x-ray from age 11, and other tests depending on age and circumstances. The Department’s medical officer assesses whether the applicant has a condition that is a public health risk, or that would be likely to need significant health care or community services.

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When a waiver is possible

A waiver is available for cost, not for public health risks. The Department can waive the health requirement for partner visas if:

• the only problem is the likely cost or the impact on Australians’ access to health care or community services;
• the applicant meets every other requirement for the visa; and
• granting the visa is unlikely to result in undue cost or undue prejudice to access.

A waiver is not available for tuberculosis, conditions that are a danger to the community, or other public health risks. Waiver decisions are made by senior officers, and higher cost cases are referred for specialist advice.

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What helps a waiver request

• the best interests of any Australian citizen or permanent resident child;
• the impact of the family being separated;
• the sponsor’s ties to Australia;
• whether the sponsor is a former refugee who cannot return home;
• steps that would reduce the cost to the community;
• skills the applicant brings, or plans to settle in a regional area.

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One fails, all fail

If any member of the applicant’s family unit fails the health requirement and no waiver is granted, the visa cannot be granted to the main applicant or to anyone else in the application. This includes children applying with you.

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Family members who are not migrating

Family unit members who are not applying, such as a child living with another parent overseas, technically must meet the health requirement too, unless the Department considers it unreasonable to require it. In practice it is usually considered unreasonable, so they normally do not need medicals. They may be asked in some cases, for example a young child left behind without their parents, a dependent adult child, or where there are signs they will migrate later. See adding children to a partner visa.

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Timing

Health and character clearances are generally valid for up to 12 months. If processing takes longer, you may be asked to redo them before a decision. Do not do medicals until the Department asks, unless advised. See also character requirements for partner visas.

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What you should do now

• Do medicals when asked: they are generally valid for up to 12 months.
• Disclose conditions honestly: a waiver is only possible if everything is on the table.
• Prepare waiver evidence early: if a family member has a significant condition.
• Check non-migrating family: be ready in case medicals are requested.