General

The Health Test

25 Aug 2020 / Ken Hunt

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The Health Test

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Most Australian visas carry with them health requirements. You can check to see if a visa carries a health requirement by looking at the PICs associated with the visa.

Public Interest Criteria

All visa are subject to PIC 4005, and/or 4007. ETAs and E-visitor visas are subject to 8527 – Free from TB

  • PIC 4005: General health requirement
  • PIC 4007: Health requirement and waiver.
  • Applicants are assessed against significant cost to the Australian community – i.e. health care and community services. Also, if prejudice will be caused to Australia citizens and permanent residents to access health care or community services.

    Significant Cost:

    A Government medical officer (MOC) with assess any health issue against a hypothetical person with the same condition. They will then assess likely cost or impact on services. If the cost of treatment is over $49,000 over 5 years (if a permanent visa) or for the life of the visa for a temporary residency visa, then there will be a failure of the health test. Likewise, if the condition requires access to services which would deprive Australian citizens and permanent residents access to services (e.g. transplants), then a failure will occur. For applicants over 75 assessment is made across a three year period.

    If the MOC assesses and a potential failure is likely you will be given the opportunity to respond and produce further medical evidence showing that the cost threshold will not be exceeded.

    Waiver

    Waiver is available on some visas under 4007(2) where the Minister is satisfied there won’t be undue cost or prejudice. In these circumstances you will be able to provide further evidence to support your claim. For instance, you could show that due costs are offset by assets or income and will not impact the Australia community.

    It is always important to disclose potential medical conditions at the earliest with your lawyer or agent to assess likely outcomes.

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