The Case for Reform: Expanding Health Waivers in Australia's Migration System

To secure most Australian visas, whether permanent or temporary, applicants must fulfill a health requirement designed to protect public health and manage associated risks. This requirement aims to prevent the spread of serious diseases like active tuberculosis, control public health expenditures and ensure that Australian citizens and permanent residents have access to necessary health services.

The health requirement also addresses the potential costs related to health and community services. It operates under Public Interest Criterion (PIC) 4005 or PIC 4007 of the Migration Regulations, depending on the visa subclass.

An applicant may not meet this requirement if they have tuberculosis, a disease or condition that poses a threat to public health, or one that could lead to significant health care or community service costs. In this context, “significant” is currently defined as costs exceeding $86,000 over the duration of a temporary visa or the first ten years of a permanent residency visa.

Health Waivers

For visa categories subject to PIC 4007, which are generally those involving an Australian sponsor, such as a Partner visa or Employer Nomination Scheme (ENS) visa, there is the possibility of obtaining a health waiver.

Waivers are granted on a discretionary basis by the Department of Home Affairs (the Department), considering the applicant’s ability to mitigate the costs associated with the condition and any compassionate and compelling circumstances that suggest it is in the best interest of the Australian community to waive the health requirement.

Relevant factors include the amount of taxes the applicant will be contributing to Australia, whether they work in an industry facing critical skills shortages, or whether they are in a relationship with an Australian citizen who would need to leave Australia if the waiver was withheld.

Recommended Reform

In response to a Discussion Paper regarding the health requirement published by the Department at the end of 2023, Fragomen put forward a submission, which is now publicly available.

One of the firm’s key recommendations was that PIC 4007 should apply across all employer-sponsored visa categories so that every applicant could put a case forward to the Department as to why the health requirement should be waived in their particular circumstances.

Anticipated Reform Impacts

Given that the waiver exists to promote the best interests of the Australian community, it is disadvantageous to make it only available in a limited capacity.

Further, inefficiencies are becoming apparent in the market whereby employers are investing time and money in undertaking the recruitment process and commencing the sponsorship process before it is aborted by the failure of an applicant to meet a rigid health requirement.

The Department exercises full discretion over whether a health waiver is granted, which means making the waiver available across all visa categories does not pose any new burdens on the Australian community.

Instead, increasing the availability of the waiver will benefit employers, visa applicants, and the Australian community at large, with the added advantage of bringing welcome consistency to the Australian migration system.  

Need to Know More?

For more information surrounding Australia’s immigration requirements, please contact Partner Chris Spentzaris at [email protected].

This blog was published on 20 August 2024, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.