Every visa applicant has to meet a health requirement — Public Interest Criterion (PIC) 4005 or 4007, depending on the visa. Most applications sail through it. But if a Medical Officer of the Commonwealth decides your health condition would likely be too costly for the health system, or would get in the way of an Australian citizen or permanent resident accessing care that's already in short supply, you can fail the requirement outright. For some visas, that's not necessarily the end of the road — there's a waiver.
What the health requirement is actually checking
PICs 4005 and 4007 both require you to be free of tuberculosis and of any condition that’s a threat to public health, and then go further: you also need to be free of a condition that would likely require healthcare or community services that would either impose a significant cost on the Australian community, or get in the way of an Australian citizen or permanent resident accessing health care or community services that are in short supply (the two most commonly cited examples are organ transplants and dialysis). Costs are assessed by a Medical Officer of the Commonwealth against a threshold figure that’s reviewed periodically — the current figure is $86,000, since it changes over time.
For temporary visa applicants: The estimated health and/or community costs for your condition will be assessed for your period of stay in Australia.
For provisional or permanent visa applicants: The estimated health costs for your condition will be generally assessed for a period of 5 years (or 3 years if you are aged 75 years or older). However, if you have a permanent or ongoing condition with a reasonably predictable course, the MOC will assess your health costs over your remaining life expectancy up to a maximum of 10 years.
If your estimated costs are assessed by the MOC to be above the SCT value of $86,000, you will exceed the SCT and therefore not meet the health requirement.
The detail that actually decides whether you have a waiver available
Here’s the part worth understanding properly: PIC 4007 has a built-in waiver, in subclause (2). PIC 4005 doesn’t. So the real question for any given visa isn’t “does this subclass have a waiver” in the abstract — it’s which of the two PICs applies to that subclass’s Schedule 2 criteria. If it’s 4007, a waiver is available. If it’s 4005, it isn’t. This is worth checking against the specific subclass’s criteria rather than assuming either way.
The actual waiver test
The regulation is specific. Under PIC 4007(2), the Minister may waive the health requirement if:
- the applicant satisfies all other criteria for the visa applied for; and
- the Minister is satisfied that granting the visa would be unlikely to result in either undue cost to the Australian community, or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.
Note the word “undue” — this isn’t simply re-running the same cost/prejudice test and hoping for a different number. It’s a broader discretionary judgement about whether the cost or prejudice would be undue in the circumstances, which opens the door to matters like family ties, the availability of private health cover, or compassionate circumstances being weighed against the projected cost.
What actually happens if you fail the health requirement
If a Medical Officer of the Commonwealth assesses your condition as failing PIC 4005/4007(1), and a waiver is available for your visa, the Department will generally give you an opportunity to respond before a final decision is made. This is where the evidence you provide matters — medical detail about your actual prognosis and care needs, and anything relevant to why the cost or prejudice shouldn’t be treated as “undue,” can genuinely change the outcome.
Why this isn’t something to guess at
Because the assessment involves a Departmental medical officer’s technical judgement and then a separate discretionary decision on top of it, getting good medical evidence in front of the Department early is far more useful than trying to argue the point after a refusal.
Where to from here
If you or a family member has a health condition that might raise issues under the health requirement, it’s worth talking to us before you lodge — particularly so we can check whether your visa is one where a waiver is even available. Get in touch with our team to talk through your situation.
This article is general information only and isn’t a substitute for individual advice. Health requirement thresholds and policy are set by the Australian Government and can change — please contact us to confirm current requirements for your situation.
About Rocket & Ash Immigration Law
At Rocket & Ash Immigration Law, we specialise in helping families, couples, and businesses navigate the complexities of Australian immigration law. Our expertise in visa applications ensures that you receive tailored advice and support throughout your immigration journey.
If you require assistance with a health waiver or your partner visa application, our experienced team can help.
Please book a free 15-minute discussion with our team if you have further questions.
Written for Ivy Khine Su San, Solicitor LPN: 5514120
This article does not constitute legal advice or create an attorney-client relationship. For up-to-date information, please consult an immigration professional.
