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Check if your health criteria qualify for the visa before you apply
The Australian Immigration Act (1958) and Regulations (1994) state that most visa applicants must meet the Public Interest Criteria (PIC). Health-related PICs (40054007) state health requirements that must be met before a visa can be issued.
In order to meet the health requirements for visa issuance, the results of a visa applicant’s immigration medical examination must be assessed and a health certificate issued. If the health certificate is “not met”, the applicant has not met the health requirements and a visa can only be issued if there is a health and performance waiver.
In the case of PIC 4005, if the applicant (or non-migrant family member) does not meet the health requirements for a visa, then no provision of a health waiver will be granted. consider.
Health exemptions can only be granted to visa applicants (and any non-migrant family members) for certain types of visas covered by PIC 4007. This includes:
- all refugee and humanitarian visas
- certain skilled migration, business and other non-humanitarian visas
- 500 student visa (Diplomacy or defense sector)
- temporary skills shortage visa (subclass 482)
Authorization to waive
Giving up the need to meet a health care need can have important implications for health care and the community in Australia. Thus, by policy, only officers who are at EL1 level or higher and authorized under Article 65 of Law (s65) to issue or deny visas can make health care distribution decisions. strong.
Section 65 delegates below the EL1 level who evaluate a visa application requesting a healthcare waiver review must complete the relevant healthcare waiver request form and return it to the s65 EL1 level delegate above. Overseas visa processors without an appropriately authorized officer should refer the case to their supervisory position to deliver the visa application to an s65 delegate at EL1 level or higher.
Important: Delegate s65 EL1 or higher who decides whether to exercise a PIC 4007 waiver must also make a decision to grant or deny a visa to avoid a joint decision.
PIC 4006A (UC457 piping box only)
PIC 4006A is a Schedule 2 requirement specified only for the UC457 Temporary Work Visa (Eligible).
It is applicable to both the main applicant and all dependent visa applicants. PIC 4006A still only applies to cases in subcategory 457 of pending pipeline. For advice on the PIC 4006A, officers should refer to the relevant battery type in the footnotes.
Note: The UC457 was revoked in March 2018 when the Temporary Skills Shortage (Subclass 482) Visa (known as the TSS visa) was introduced. TSS visas comply with PIC 4007.
Considering a health wavier
The health waiver submission form, available on Bordernet’s internal health waiver page, must be prepared for all health waiver decisions and attached to the Health Assessment Portal (HAP).
The visa applicant or immigration officer must complete Part A of the Health Care Waiver Application, Part B must be completed by the visa officer. Important: Visa applicants should be given the opportunity to comment on the MOC’s opinion via notice s57 before a request for a health waiver is sent to the visa applicant or immigration representative their. This is necessary because the opinion from the MOC may then change based on new medical information provided by the requestor.