Partner Visa Health Waiver: Who Qualifies

A partner visa health waiver is the decision maker's power to grant a partner visa even though the applicant, or a member of their family, does not meet the cost part of the health requirement. If you have been told that a medical condition may stop your visa, the partner visa health waiver is usually the most important legal question in your application.

The partner visa health waiver exists because partner visas use public interest criterion (PIC) 4007 in Schedule 4 to the Migration Regulations 1994. PIC 4007 contains a waiver. The stricter PIC 4005, used for many other visas, does not. That single difference means a health condition that would end many visa applications does not automatically end a partner visa application.

The partner visa health waiver is not automatic and it is not a formality. The decision maker must be satisfied of specific legal matters, and the applicant must give the evidence that allows the decision maker to be satisfied. This guide explains who qualifies for a partner visa health waiver, which conditions cannot be waived, how the Medical Officer of the Commonwealth fits into the process, what the Department weighs, how to prepare a waiver submission, and what happens if the visa is refused. For an overview of every partner visa subclass, see our complete guide to partner visas in Australia.

Is there a partner visa health waiver?

Yes, there is a partner visa health waiver, because every partner visa subclass requires the applicant to satisfy PIC 4007, and PIC 4007 allows the Minister to waive the requirement in paragraph 4007(1)(c). The onshore Subclass 820 visa and Subclass 801 visa, the offshore Subclass 309 visa and Subclass 100 visa, and the Subclass 300 Prospective Marriage visa all list PIC 4007 among their public interest criteria.

The departmental policy for each of these subclasses confirms it. For example, clause 820.223 requires the primary applicant for a Subclass 820 visa to satisfy PIC 4007, and clause 801.223 does the same for the Subclass 801 visa. The waiver is therefore part of the legal framework for every partner visa, not a special concession granted in rare cases.

What the waiver does not do is remove the health requirement altogether. It applies to one part of PIC 4007 only. The other parts, including tuberculosis and public health risks, must still be met.

PIC 4005 and PIC 4007: why the partner visa health waiver exists

PIC 4005 and PIC 4007 contain almost identical health tests, but only PIC 4007 contains a waiver. That is the legal reason the waiver is possible.

Both criteria require the applicant to:

• undertake any medical assessment the Minister has specified for their class of person, unless a Medical Officer of the Commonwealth decides otherwise;
• comply with any request by a Medical Officer of the Commonwealth to undertake a medical assessment;
• be free from tuberculosis;
• be free from a disease or condition that is, or may result in the applicant being, a threat to public health in Australia or a danger to the Australian community;
• be free from a disease or condition that would be likely to require health care or community services, where providing those services would be likely to result in a significant cost to the Australian community or prejudice the access of an Australian citizen or permanent resident to health care or community services; and
• provide a signed undertaking to present to a State or Territory health authority for a follow-up assessment, if a Medical Officer of the Commonwealth has requested one.

PIC 4007 then adds subclause 4007(2). It allows the Minister to waive the requirements of paragraph 4007(1)(c), which is the significant cost and access limb. Visas that use PIC 4005 have no equivalent provision. An applicant for one of those visas who fails the cost limb generally cannot be granted the visa. An applicant for a partner visa who fails the same limb can ask for a partner visa health waiver.

The words "regardless of whether the health care or community services will actually be used" appear in both criteria. This means an applicant cannot meet the cost limb simply by promising not to use Medicare or a disability service. The Medical Officer of the Commonwealth assesses the likely cost of the condition, not the applicant's stated intentions. Those intentions, and the means to back them, become relevant only at the waiver stage.

Who qualifies for a partner visa health waiver?

An applicant qualifies to be considered for a partner visa health waiver when two conditions in subclause 4007(2) are met: the applicant satisfies all other criteria for the grant of the visa, and the Minister is satisfied that granting the visa would be unlikely to result in undue cost to the Australian community or undue prejudice to the access of Australian citizens and permanent residents to health care or community services.

The applicant must satisfy every other criterion

The partner visa health waiver can only be considered once every other criterion is met. That includes the relationship criteria, the sponsorship, the character requirements, PIC 4020 (the integrity criterion), and, for onshore applicants without a substantive visa, the Schedule 3 criteria. If the relationship is not accepted as genuine and continuing, the decision maker never reaches the waiver.

This has a practical consequence. The relationship evidence, the relationship statement and the Form 888 supporting statements must be complete and consistent before the health issue is argued. A weak relationship case can cost the applicant the chance to have the partner visa health waiver considered at all. Our guide to partner visa relationship evidence explains the four aspects of the relationship the Department assesses.

The decision maker must be satisfied about undue cost and undue prejudice

The second condition for a partner visa health waiver is the decision maker's satisfaction that granting the visa would be unlikely to result in undue cost or undue prejudice. The word "undue" matters. A significant cost has already been found by the Medical Officer of the Commonwealth. The question for the waiver is whether that cost, in the full circumstances of the case, is undue.

This is where the applicant's and sponsor's circumstances come in. Factors such as the family's ability to meet costs, private health insurance, the nature of the condition and the compelling circumstances of the family are weighed against the estimated cost. Each is discussed in detail below.

Who does not qualify

An applicant does not qualify for a partner visa health waiver where the problem is tuberculosis or a public health risk, because the waiver does not extend to those limbs. An applicant also does not qualify where any other criterion is not met, or where the decision maker is not satisfied the cost is unlikely to be undue. An applicant who has not completed the required medical examinations has not yet reached the waiver question. They have a different problem, discussed below.

Conditions that cannot be covered by a partner visa health waiver

Tuberculosis and diseases or conditions that are a threat to public health or a danger to the Australian community cannot be covered by a partner visa health waiver. Subclause 4007(2) allows the Minister to waive paragraph 4007(1)(c) only. Paragraphs 4007(1)(a) and (b) are not waivable.

Tuberculosis

An applicant must be free from tuberculosis. Where a chest x-ray or other test indicates active tuberculosis, the applicant generally cannot meet PIC 4007 until the condition has been treated and the applicant has been reassessed. No waiver argument changes that. In practice, the applicant may be asked to undergo treatment and further testing before the health assessment can be finalised. The timing of the application, and of any travel, should take that into account.

Public health risks and danger to the community

A condition that is, or may result in the applicant being, a threat to public health or a danger to the community is also outside the waiver. The Medical Officer of the Commonwealth decides whether a condition falls into this category.

Follow-up undertakings

Paragraph 4007(1)(d) requires an applicant to provide a signed health undertaking where a Medical Officer of the Commonwealth has requested one. This is not a waiver matter. It is a requirement the applicant meets by signing and returning the undertaking. An applicant who receives an undertaking request should sign and return it promptly, because an unsigned undertaking can lead to refusal on its own.

The Medical Officer of the Commonwealth and the significant cost threshold

The Medical Officer of the Commonwealth (MOC) is the doctor who decides whether an applicant meets the health requirement, and the decision maker must take the MOC's opinion to be correct. Regulation 2.25A of the Migration Regulations 1994 provides that the Minister is to take the opinion of the Medical Officer of the Commonwealth on these matters to be correct for the purpose of deciding whether a person meets a requirement or satisfies a criterion.

This means the visa officer cannot disagree with the medical assessment. If the MOC says the applicant does not meet paragraph 4007(1)(c), the officer must accept that. The officer's own discretion begins with the partner visa health waiver.

How the MOC assesses cost

The Department states that Medical Officers assess estimated health care and community service costs against the significant cost threshold. The threshold represents costs higher than the average health and community services cost for an Australian, and it is reviewed periodically. This article does not state the dollar figure, because it changes. The current figure is published by the Department.

For permanent visas, the period of assessment begins when the application is made. The Department states that provisional and permanent applicants are generally assessed over a set number of years, and that a longer period may be used for permanent conditions with a predictable course. The MOC estimates the likely cost of health care and community services over that period, including services the applicant may never actually use.

Why the MOC opinion is the starting point, not the end

A MOC opinion that an applicant does not meet the requirement is a serious finding, but it is not a refusal. For a partner visa, the finding opens the partner visa health waiver question. The MOC opinion sets out the condition, the services the condition is likely to require and the estimated cost. Those details are what a waiver submission must address.

An applicant can also check whether the opinion itself is properly based. If the MOC assessed the wrong condition, used outdated reports or overlooked specialist evidence, further medical evidence may be put forward and a further opinion may be sought. That is a medical question, separate from the partner visa health waiver, and it is often worth examining first.

The "one fails, all fail" rule and family members

The "one fails, all fail" rule means the main applicant cannot be granted a partner visa unless each member of their family unit satisfies PIC 4007, whether or not that family member is applying for the visa. This is one of the most common reasons a partner visa health waiver becomes necessary.

Family members included in the application

Under subclause 820.224(1), the primary applicant cannot be granted a Subclass 820 visa unless each member of the family unit who is also an applicant satisfies PIC 4007, among other criteria. The same rule appears for the Subclass 801 visa in subclause 801.224(1), for the Subclass 309 visa in clause 309.228 and for the Subclass 100 visa in clause 100.224. A dependent child with a significant health condition can therefore cause the whole family's application to fail unless a partner visa health waiver is granted.

Family members who are not applying

The rule also reaches family members who are not migrating. Under subclause 820.224(1A), each member of the family unit who is not an applicant must satisfy PIC 4007 unless the delegate is satisfied that it would be unreasonable to require the person to undergo assessment in relation to PIC 4007. The Subclass 801, Subclass 309, Subclass 100 and Subclass 300 criteria contain equivalent provisions.

This catches many families by surprise. A child from a previous relationship who lives with the other parent overseas, and who will never come to Australia, may still be a member of the family unit. If that child does not meet the health requirement, the main applicant's partner visa can be refused unless the decision maker accepts that assessment is unreasonable, or grants a partner visa health waiver.

Two separate questions for non-migrating family members

For a non-migrating family member, two questions arise. First, is it unreasonable to require the person to undergo a health assessment at all? Custody arrangements, the other parent's refusal to consent, or the child's circumstances may support that argument. Second, if the person is assessed and does not meet paragraph 4007(1)(c), should the partner visa health waiver be exercised? The fact that the person is unlikely ever to come to Australia is directly relevant to whether any cost to the Australian community is likely at all.

Our article on partner visa document requirements explains how family members are declared in the application. Every member of the family unit must be declared, because failing to declare a family member creates a separate integrity problem that no partner visa health waiver can fix.

How the partner visa health requirement is assessed: health examinations and eMedical

The partner visa health requirement is assessed through immigration medical examinations, which are generally arranged through the Department's eMedical system and carried out by a panel physician or approved clinic. The applicant does not choose which tests are needed. The Department sets them according to the visa, the applicant's age, their country of residence and other factors.

When examinations are requested

Examinations are often requested after the application is lodged, through ImmiAccount. Some applicants arrange them earlier. The results are sent electronically to the Department. Where the results raise a concern, the case may be referred to a Medical Officer of the Commonwealth for an opinion.

Automatic clearance and referral

Many applicants are cleared without any referral. Where a condition is identified, the MOC may ask for further tests, specialist reports or information about treatment. The applicant should respond fully and on time. A delay in providing requested medical information can lead to a decision on the information available, which may mean the requirement is found not to be met.

Examinations not done at all

An applicant who never completes the required examinations has not satisfied the requirement in paragraph 4007(1)(ab). That is not a partner visa health waiver situation. It is a failure to comply with a request, and it is one of the simplest health refusals to avoid. Several of the Tribunal decisions discussed below involved partner visa applications where the medical examinations, or evidence of them, were provided only at the review stage.

Honesty about health history

The visa application forms ask about health history. Answers must be complete and accurate. An applicant who conceals a condition risks problems under PIC 4020 for false or misleading information, which is far more serious than a health finding, and which a partner visa health waiver cannot cure. Our guide to Form 80 explains the importance of consistent personal information across the application.

What happens when the MOC says you do not meet the health requirement

When the MOC finds that an applicant does not meet the health requirement, the Department generally writes to the applicant, gives them the relevant information, and invites them to comment and to provide information relevant to a partner visa health waiver. This invitation is the most important moment in a health matter.

The natural justice invitation

The letter usually explains the MOC's findings, the condition identified and the estimated cost. It gives the applicant a period to respond. The response period is short. Our article on responding to a natural justice letter for a partner visa explains how these invitations work, and our guide to section 56 requests for more information covers the related power to request documents.

Two possible responses

The response to the invitation can do two things. It can challenge the medical basis of the opinion, by providing specialist evidence that the condition is less severe, better controlled or less costly than the MOC assumed, and asking that the evidence be considered. It can also make a partner visa health waiver submission, which accepts the finding for the purpose of the argument and explains why the cost is not undue. A careful response often does both.

Do not ignore the letter

An applicant who does not respond to the invitation leaves the decision maker with only the MOC opinion and no basis to exercise the partner visa health waiver. That is the most avoidable way to lose a partner visa on health grounds. Where the letter arrives close to a deadline, see our guide to urgent immigration lawyer advice for what to have ready.

How the Department weighs cost against compelling circumstances

The Department weighs the estimated cost identified by the MOC against the circumstances of the applicant and the Australian family, and asks whether, in light of those circumstances, granting the visa would be unlikely to result in undue cost or undue prejudice. A partner visa health waiver decision is a judgement on the whole picture, not a mechanical calculation.

The factors below are commonly relevant to a partner visa health waiver. None is decisive on its own, and the weight given to each depends on the facts.

The sponsor's circumstances

The sponsor is an Australian citizen, Australian permanent resident or eligible New Zealand citizen. The impact of refusal on the sponsor is central. Relevant matters include whether the sponsor could realistically relocate overseas, the sponsor's own health, employment and caring responsibilities, and the sponsor's ties to Australia. A refusal that would force an Australian to choose between their country and their partner is a compelling consideration in many partner visa health waiver cases.

Children, particularly Australian citizen children

The presence of children of the relationship, particularly Australian citizen children, is often one of the most significant factors. The best interests of the children, the effect of separating them from a parent, and the effect of the family relocating are all relevant. The departmental framework on the best interests of minor children is engaged where children are affected.

Length and strength of the relationship

A long relationship, a marriage, shared children and a settled household all strengthen a partner visa health waiver case. The Department has already accepted the relationship as genuine before it reaches the waiver, but the depth of that relationship still informs how compelling the consequences of refusal would be.

Ability to meet costs and private health insurance

Evidence that the family can meet the costs of the condition privately can reduce the risk that the cost will be undue. Relevant evidence includes private health insurance, savings, employment income and the capacity of the sponsor and applicant to fund treatment. Because PIC 4007 applies "regardless of whether" services are actually used, a promise not to use public services does not cure the cost finding. But real financial capacity, documented with evidence, is relevant to whether the cost is likely to be undue.

Undertakings and contributions

Some applicants offer written undertakings about funding treatment or care. An undertaking is not binding in the way a debt is, and its weight depends on the evidence behind it. An undertaking supported by insurance, income and assets carries more weight than a bare promise. The applicant's own contribution matters as well. An applicant who works, pays tax and supports the household contributes to the Australian community in a way that can be weighed against the estimated cost.

The condition, its prognosis and the services actually needed

The nature of the condition matters. A stable, well-managed condition with predictable treatment differs from a progressive one. Specialist evidence about prognosis, the likely treatment pathway and the realistic need for community services is relevant both to the medical opinion and to the partner visa health waiver. Where the MOC's estimate assumes services the applicant is unlikely to need, specialist evidence can address that directly.

Prejudice to access to health care

The second limb of the test is undue prejudice to the access of Australian citizens and permanent residents to health care or community services. This is particularly relevant where the condition requires services in short supply, such as organ transplants or certain specialist care. A partner visa health waiver submission should address access as well as cost.

Preparing a partner visa health waiver submission and evidence

A partner visa health waiver submission is a written legal submission, supported by evidence, that addresses the MOC findings and each element of subclause 4007(2). It should be organised around the test, not around the family's feelings, although the family's circumstances are the substance of it.

Medical evidence

Medical evidence usually includes reports from the treating specialist on the diagnosis, current treatment, prognosis, functional capacity and likely future needs. Where possible, the specialist should respond to the specific services and costs the MOC identified. A general letter saying the applicant is well rarely helps. A report that engages with the MOC's assumptions is far more useful.

Cost and financial evidence

Cost evidence may include private health insurance policies and their coverage, evidence of income and assets, quotes or estimates for private treatment, and evidence of employer-provided benefits. The aim is to show, with documents, how the costs of the condition would actually be met.

Employment and contribution evidence

Evidence of the applicant's employment, qualifications, work history and tax contributions shows the applicant's capacity to contribute. Evidence of the sponsor's employment and income is also relevant. For applicants on a bridging visa, our article on working while waiting for a Subclass 820 visa explains the work rights that may apply.

Family and compassionate evidence

Evidence of the family's circumstances may include birth certificates of children, school and childcare records, evidence of the sponsor's ties to Australia, evidence of caring responsibilities, and the couple's own statements about the effect a refusal would have. These statements are the family's own account. They should be truthful and specific.

Structure of the submission

A good partner visa health waiver submission usually sets out the legal test, confirms that all other criteria are met, summarises the MOC findings, addresses the medical evidence, explains how costs will be met, and then sets out the compelling circumstances. It ends by asking the decision maker to exercise the partner visa health waiver. The submission must be lodged within the response period, together with the evidence.

Our partner visa document checklist and our 820 partner visa evidence checklist cover the relationship documents that must already be in place before the partner visa health waiver is considered.

When a health issue arises alongside other partner visa problems

A health finding rarely arrives on its own. It often sits alongside another issue in the same application, and because the waiver can only be considered once every other criterion is met, the other issue must be resolved first or at the same time.

Applicants without a substantive visa

An onshore applicant who lodged without a substantive visa must also meet the Schedule 3 criteria, unless the Department is satisfied there are compelling reasons for not applying them. The compelling reasons for a Schedule 3 waiver and the compelling circumstances relevant to the health waiver often overlap, such as children and the sponsor's ties to Australia, but they are separate legal tests. Each must be argued on its own terms. Our page on the Schedule 3 waiver and our article on the Schedule 3 partner visa waiver explain that test.

Sponsorship limitations

Where the sponsor has previously sponsored a partner, the sponsorship limitation may also apply, and it has its own compelling circumstances test. Our page on partner visa sponsorship limitations explains how it operates.

Relationship breakdown and family violence

If the relationship ends while the application is being processed, the application will generally be refused unless a special provision applies, such as family violence by the sponsor. A health issue does not change that rule, and the health requirement must still be met or waived where a special provision is relied on. Our page on the family violence provisions for partner visas and our article on what happens if the relationship breaks down explain the position.

Prior refusals and cancellations

An applicant whose visa was previously refused or cancelled in Australia may face section 48 limits on further onshore applications. Our article on applying for a partner visa after a visa refusal and our page on visa cancellations explain those rules.

Timing and processing

A health referral can extend the time an application takes, because the Medical Officer of the Commonwealth may request further tests and reports, and the waiver invitation adds another step. Our articles on Subclass 820 processing times and on how long the onshore Partner Visa 820 takes explain the factors that affect timing. No figure for health referrals is given here, because they vary.

Appointing a representative

Where a lawyer acts, the Department is told through Form 956, and correspondence about the health assessment and the waiver invitation is then sent to the representative. Our article on Form 956 and 956A explains how the appointment works, and our guide on booking an immigration lawyer consultation explains what to bring to a first meeting about a health finding.

Where our partner visa health waiver clients are located

My Migration Lawyers acts for couples dealing with a partner visa health waiver throughout Australia, and every consultation is conducted by video. Couples in New South Wales can read about our partner visa lawyers in Sydney and our partner visa lawyers in Parramatta. Couples in Victoria and Queensland can read about our partner visa lawyers in Melbourne, Brisbane and the Gold Coast. We also act for couples through our partner visa lawyers in Perth, Adelaide, Canberra and Hobart. The legal test for a partner visa health waiver is the same wherever the couple lives.

The partner visa health waiver at the Subclass 820 and Subclass 801 stages

The partner visa health waiver is most often considered at the first stage, when the Subclass 820 or Subclass 309 visa is decided, and departmental policy states that an applicant who received a health clearance, or had a health waiver exercised, at that stage is not ordinarily required to undergo further health checks at the permanent stage.

The permanent stage

The Subclass 801 visa is the permanent stage of the onshore partner visa, and it is generally assessed about two years after the combined application was lodged. Clause 801.223 again requires PIC 4007. However, the policy for the Subclass 801 visa states that repeat medical examinations should be requested only in limited situations: where the delegate believes a health condition was not disclosed at the temporary stage, where fraud is suspected, where the Department has information that the applicant's health has changed, or where the temporary visa ceased more than a set period before the delegate began assessing the permanent visa. The Subclass 100 policy contains the equivalent position for offshore applicants. Our Subclass 820 vs Subclass 801 guide explains how the two stages connect.

New family members at the permanent stage

A family member who did not complete medical examinations at the temporary stage, such as a child born or adopted after the Subclass 820 visa was granted and included at the permanent stage, will generally need to complete them at the Subclass 801 stage. If that child does not meet the requirement, a partner visa health waiver can be considered at that stage.

Changes in health between the stages

A significant change in health after the Subclass 820 grant should be handled carefully. The applicant must keep the Department informed of changes in circumstances, generally through Form 1022. Where new medical examinations are requested at the Subclass 801 stage, the partner visa health waiver remains available on the same legal test.

Offshore applicants and the partner visa health waiver

Offshore applicants for the Subclass 309 and Subclass 100 visas, and applicants for the Subclass 300 Prospective Marriage visa, are subject to the same PIC 4007 test and can be considered for the same partner visa health waiver. The location of the applicant does not change the legal test.

There are practical differences. An offshore applicant usually completes medical examinations through a panel physician in their country of residence, and the specialist evidence for a partner visa health waiver may need to come from overseas doctors. Evidence may need translation. The sponsor's circumstances in Australia remain central. Where a Subclass 309 visa is refused, the sponsor is generally the person who applies for review. Our page on the Subclass 309 visa explains the offshore pathway.

What the Tribunal has looked at in partner visa health waiver cases

The Administrative Review Tribunal, and the Administrative Appeals Tribunal before it, has reviewed many partner visa refusals on health grounds. The decisions below are drawn from matters recorded as remitted or set aside, and are described only by the issues reported. Each was decided on its own facts.

In Li (Migration) [2021] AATA 4857, a Subclass 820 matter, the reported issues were the health criterion waiver, the applicant's medical condition, whether the grant was likely to prejudice access to health care, and undue cost to the Australian community. The matter shows the Tribunal engaging with both limbs of the partner visa health waiver test.

In 2100971 (Migration) [2024] AATA 335, also a Subclass 820 matter, the applicant did not meet the health requirements, and the reported issues included a lengthy relationship of six years, significant family connections in Australia, and a finding that the cost of treatment was not significant. These are the kinds of circumstances a partner visa health waiver submission puts forward.

In 1907240 (Migration) [2024] AATA 2111, a Subclass 820 matter, the reported issues were the health criteria, a potential cost of treatment found by the Medical Officer of the Commonwealth that represented an extreme case, and the applicant's full-time work in a physically demanding occupation. The matter illustrates that the applicant's own work and contribution are relevant even where the estimated cost is high.

In Evangelio (Migration) [2022] AATA 1109, a Subclass 820 matter, the reported issues were that the health criteria were not met, that the medical opinion was validly made, and that the applicant's non-migrating sons did not satisfy PIC 4007(1)(c) because of their health conditions. It is a clear example of the "one fails, all fail" rule applying to family members who were not part of the application.

In Burke (Migration) [2024] AATA 130, a Subclass 309 matter, the reported issues were the health requirements, the applicant's daughter's mild intellectual impairment, the discretion to waive the requirement, and the fact that the daughter was unlikely ever to come to Australia. In 1923768 (Migration) [2020] AATA 3910, a Subclass 309 matter, the reported issues were that PIC 4007 had not been met, that a further MOC opinion was provided, and that the visa applicant satisfied the health criteria. Woolf (Migration) [2022] AATA 188, a Subclass 820 matter, similarly records an opinion of a review Medical Officer of the Commonwealth being provided to the Tribunal.

These matters show three routes the Tribunal has considered: exercising the partner visa health waiver, obtaining a further medical opinion, and addressing family members who are not migrating.

Review of a partner visa health refusal at the ART

A partner visa refused because the health requirement was not met, and no partner visa health waiver was granted, can generally be reviewed by the Administrative Review Tribunal. The deadline to apply for review is short and strictly applied, and the Tribunal cannot accept a late application.

What the Tribunal can do

The Tribunal reviews the decision on the merits. It can exercise the powers of the original decision maker, which includes deciding whether to exercise the partner visa health waiver. It is not limited to asking whether the Department made an error. It decides the matter afresh on the evidence before it at the time of its decision, including evidence that was not before the Department.

The MOC opinion at review

The Tribunal is generally required to treat the opinion of a Medical Officer of the Commonwealth as correct, in the same way as the Department. However, the Tribunal can seek a further opinion, including from a review Medical Officer of the Commonwealth. Where new specialist evidence shows the earlier opinion was based on incomplete or outdated information, a further opinion may reach a different view. Where the requirement is still not met, the Tribunal can reconsider the partner visa health waiver on the full evidence.

Preparing for the review

A health review is won or lost on evidence. The specialist reports, cost evidence and compassionate evidence should be updated and lodged before the hearing. Our article on what to expect in an ART review after a visa refusal, our page on visa refusals and our page on partner visa refusals explain the review process. Our article on partner visa refusal appeal options sets out the options after a refusal, and our guide to visa appeal lawyers explains how representation works. Where the Tribunal makes a legal error, judicial review may be available in limited circumstances.

Bridging visas during review

An onshore applicant who held a bridging visa while the partner visa was processed may remain on a bridging visa while a valid review application is pending. Our guide to bridging visas in Australia and our article on the Bridging Visa A explain the position. An applicant who wants to travel during the process should read our guide to the Bridging Visa B before booking.

Common mistakes in partner visa health waiver matters

The most common mistakes in partner visa health waiver matters are avoidable. They include:

• not completing the medical examinations, or not responding to a request for further tests;
• failing to declare a family member, including a child who is not migrating;
• not responding to the natural justice invitation, or responding without evidence;
• treating the partner visa health waiver as a plea for sympathy rather than a legal test with defined elements;
• relying on a promise not to use public health services, without evidence of how costs would actually be met;
• providing a general doctor's letter instead of a specialist report that engages with the MOC's assumptions;
• neglecting the relationship evidence, so that the decision maker never reaches the waiver; and
• missing the review deadline after a refusal.

Our analysis of why Subclass 820 partner visas are refused and our article on why partner visas get refused cover other refusal grounds that often appear alongside a health issue.

Choosing who acts on a partner visa health waiver

A partner visa health waiver is a legal matter that turns on statutory wording, medical evidence and a discretionary judgement. Our article on when you need an immigration lawyer for a partner visa and our guide to the partner visa lawyer vs doing it yourself question explain when professional help is worth considering. Our article on whether to use a migration agent or a lawyer for a partner visa sets out the practical differences.

Couples who lodged their own application and have now received a health finding can read our guide to hiring an immigration lawyer after lodging your own application, and those who already have advice can read about getting a second opinion from an immigration lawyer. Those comparing firms can read our guides to choosing a partner visa lawyer in Australia, and, by city, choosing a partner visa lawyer in Sydney, Melbourne, Brisbane or Perth. For broader immigration matters, My Migration Lawyers also acts through our immigration lawyers in Sydney, Melbourne, Brisbane, Perth and Adelaide.

How My Migration Lawyers handles a partner visa health waiver

My Migration Lawyers deals with complex partner visa matters and acts in many applications where the health requirement is in issue and a partner visa health waiver is needed. The firm is capable of handling these matters at every stage, from the first medical referral to a review at the Administrative Review Tribunal, and it approaches each one by testing the medical opinion first and then building the waiver case on evidence.

In practice, the firm's work on a partner visa health waiver includes:

• Reviewing the MOC opinion, the medical examination results and the condition identified, and checking whether the opinion is based on complete and current medical information.
• Confirming that every other criterion for the visa is met, including the relationship evidence, sponsorship, character and integrity criteria, so that the decision maker can reach the partner visa health waiver.
• Identifying every member of the family unit, including family members who are not migrating, and advising on whether it would be unreasonable to require a non-migrating family member to be assessed.
• Working with the client to obtain specialist reports that respond to the services and costs the MOC identified.
• Gathering the client's own evidence of private health insurance, income, assets, employment and contribution, and the family's circumstances, including children and the sponsor's ties to Australia.
• Preparing the written partner visa health waiver submission, structured around subclause 4007(2), and lodging it with the evidence within the response period.
• Managing the application through to the Subclass 820 or Subclass 309 decision and the permanent stage, and acting in any review at the Administrative Review Tribunal, including asking the Tribunal to seek a further medical opinion where the evidence supports it.

The firm is led by Weiwei Zhang, Principal Lawyer. Information about the firm's partner visa practice is on our partner visa lawyers page, information about the onshore application is on our Subclass 820 visa page, and more about the firm is on our about page. Consultations are conducted by video, so couples can obtain advice wherever they are in Australia.

If a medical finding has been made in your partner visa application, or you expect one, and you want to know whether a partner visa health waiver is available and how to support it, book a consultation online or call 1300 040 300.