Partner Visa Health Waiver Evidence

What is partner visa health waiver evidence?

Partner visa health waiver evidence is the set of documents and submissions that an applicant gives the Department of Home Affairs to ask it to waive the health requirement for a partner visa. The question only arises after an applicant, or a member of their family unit, has been assessed by a Medical Officer of the Commonwealth as not meeting the health requirement. At that point the decision maker can still grant the visa, but only if the waiver is exercised. Partner visa health waiver evidence is what makes that possible.

Every partner visa in Australia is subject to the health requirement in PIC 4007 of Schedule 4 to the Migration Regulations 1994. That includes the onshore Subclass 820 visa and the permanent Subclass 801, the offshore Subclass 309 visa and the permanent Subclass 100, and the Subclass 300 Prospective Marriage visa. The Department's policy guidance for each of these subclasses confirms that PIC 4007 must be satisfied, for example in clause 820.223, clause 801.223, clause 100.222 and clause 300.223.

This article is about building the case for the waiver. It explains what the decision maker must be satisfied of, when the Department invites a submission, what medical reports should cover, how to answer the cost assessment, how to prove compelling circumstances and how to structure the submission. For an overview of every stage of the partner visa process, read the complete partner visa guide. Readers whose visa has already been refused on health grounds should go straight to a lawyer about visa refusal review rights, because the deadlines are short and strictly applied.

Why partner visa health waiver evidence decides the outcome

Partner visa health waiver evidence decides the outcome because the waiver is a discretion, and a discretion is exercised on the material in front of the decision maker. The Department does not go looking for reasons to waive. It weighs what the applicant provides. A couple with a strong case and thin evidence can be refused, while a couple with a harder medical picture and well organised evidence can succeed.

Most couples have never had to prove anything about health costs before. Many prepared their application using a Subclass 820 visa guide or an evidence checklist for the 820 partner visa, and neither prepares them for this stage. They have spent months gathering relationship evidence about their finances, household, social life and commitment. Partner visa health waiver evidence is a different kind of evidence. It looks forward, not back. It asks what treatment the applicant will need, who will pay for it, what services the applicant may use, and what refusal would do to the Australian family.

When does the health waiver apply to a partner visa?

The health waiver applies to a partner visa when the applicant fails PIC 4007 because of a disease or condition that is likely to result in significant health care or community service costs, or prejudice access to services in short supply. PIC 4007 includes a waiver. PIC 4005, which applies to many other visa types, does not. A Department of Home Affairs review of the migration health requirement states this plainly: if the visa is subject to PIC 4007, a health waiver is available for the delegate to consider, and if it is subject to PIC 4005, a health waiver is not available.

Not every health failure can be waived. The waiver is directed at the cost and access limbs of the health requirement. Other parts of PIC 4007, such as the requirement to undergo the medical examinations the Department asks for and the tuberculosis requirements, are dealt with differently. An applicant who simply has not completed the required medical examinations has a different problem, and no amount of partner visa health waiver evidence will fix it. The first step is always to confirm exactly which part of the health requirement the applicant has failed.

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

Partner visa health waiver evidence is often needed for someone other than the main applicant. Under the "one fails, all fail" criteria, the primary applicant cannot be granted the visa unless each member of the family unit who is also an applicant meets PIC 4007. The policy guidance for the Subclass 820 visa describes this in subclause 820.224(1), and the same structure appears for the Subclass 801, Subclass 100 and Subclass 300 visas.

Family members who are not applicants can also be caught. For the Subclass 801 and Subclass 300 visas, the guidance confirms that a 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. A dependent child with a disability or a long-term condition can therefore be the reason the whole application needs a waiver, and partner visa health waiver evidence is then needed for that child. In those cases the partner visa health waiver evidence must focus on the child's needs, the family's resources and the child's interests, not only on the main applicant.

Health waivers are not Schedule 3 waivers

A health waiver is not the same as a Schedule 3 waiver. Schedule 3 deals with onshore applicants who were unlawful or held certain visas when they applied, and asks whether there are compelling reasons not to apply those criteria. The Department's Subclass 820 guidance warns that a genuine relationship and the hardship of applying offshore are, as a general rule, not compelling reasons in the Schedule 3 context. Applicants who have read our guide to Schedule 3 criteria for partner visas should not assume the same rules apply to health. The health waiver has its own test, and the place of the Australian partner and children in that test is different.

Some couples face both problems at once. An applicant may need a Schedule 3 waiver and a health waiver in the same application. Each needs its own evidence and its own submission, and arguments made for one must not undermine the other. Our article on the Schedule 3 partner visa waiver explains that separate test.

What must the decision maker be satisfied of before waiving the health requirement?

The decision maker can only waive the health requirement if two things are true: the applicant satisfies all the other criteria for the grant of the visa, and the decision maker 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 or permanent residents to health care or community services. That is the core of PIC 4007's waiver limb. All partner visa health waiver evidence should be organised around it.

Element one: every other criterion must be met

The waiver cannot be exercised for an applicant who fails some other criterion. If the relationship is not accepted as genuine and continuing, if there is an unresolved character issue, or if the sponsor cannot be approved because of sponsorship limitations, the waiver question is never reached. This is why partner visa health waiver evidence is wasted if the rest of the application is weak. Before preparing a waiver submission, the whole file should be checked against the partner visa document checklist and the relationship evidence brought up to date.

In practice, the Department will often ask for the waiver submission once it is otherwise ready to grant. That is a good sign, but it is not a promise. A delegate who reads the waiver material and sees new questions about the relationship, the sponsor or past information can still refuse on those grounds. Consistency between the waiver submission and everything already lodged is essential, including any Form 80 personal particulars already provided.

Element two: undue cost or undue prejudice

The second element is about cost and access. The Medical Officer of the Commonwealth has already found that the condition is likely to result in significant cost, or prejudice to access. The waiver asks a different question: whether granting the visa would be unlikely to result in undue cost, or undue prejudice. "Significant" is the threshold for failing the health requirement. "Undue" is the question for the waiver. The difference between those two words is where partner visa health waiver evidence does its work.

The Department's own description of the waiver is that the decision maker is able to consider the applicant's personal circumstances, including capacity to mitigate costs and compelling or compassionate circumstances, to waive the health outcome and grant the visa. In other words, the cost has already been found. The waiver submission shows why that cost would not be undue in this applicant's case, either because the real cost to the community will be lower than estimated, or because the circumstances of the family make it reasonable for the community to bear it.

Compelling circumstances and why they matter

Compelling and compassionate circumstances are central to the Department's assessment of whether a cost is undue. A cost that might be undue for a person with no connection to Australia may not be undue for the long-term partner of an Australian citizen who is raising Australian children. Partner visa health waiver evidence should therefore prove both sides of the scale: what can be done to reduce the cost, and why the circumstances weigh in favour of grant.

The Department's policy on compelling circumstances in other provisions, such as PIC 4020, emphasises the interests of Australian citizens, permanent residents and eligible New Zealand citizens, and in particular Australian children. The same people are usually at the centre of a partner visa health waiver. The health requirement exists to protect the Australian community. The partner visa exists to keep Australian families together. A good submission shows the decision maker how those two purposes meet in this case.

The Medical Officer's opinion must be accepted

The decision maker does not decide whether the applicant meets the health requirement. That is a matter for the Medical Officer of the Commonwealth, and the Migration Regulations 1994 require the decision maker to take the Medical Officer's opinion on those health matters as correct. This is one of the most misunderstood points in this area. Partner visa health waiver evidence is not a second medical assessment. It starts from the Medical Officer's finding and asks the decision maker to exercise the waiver anyway.

That does not mean the applicant cannot provide updated medical information. Specialist reports are essential. But they should be used to show how the condition is managed, what it will cost and who will meet that cost, not to tell the decision maker that the Medical Officer got the diagnosis wrong. Where there is a real error in the medical assessment itself, that is a separate issue that needs separate legal advice.

When does the Department invite a health waiver submission?

The Department invites a health waiver submission after the Medical Officer of the Commonwealth has assessed the applicant as not meeting the health requirement and the case officer is considering whether to exercise the waiver. The invitation usually arrives in writing through ImmiAccount or by email to the applicant or their appointed representative. It explains that the health requirement has not been met, that a waiver may be considered, and that the applicant may provide information and evidence in support within a set period.

The invitation is often the first time the couple learns that there is a problem. It usually follows the immigration medical examination and any further tests or specialist reports the Medical Officer has asked for. Couples sometimes receive one or more requests for extra medical information first, often framed as a section 56 request for more information. Some also receive a natural justice letter under section 57 about other adverse information. Those requests should be treated seriously, because the answers form part of the material the Medical Officer uses to reach the opinion that later drives the waiver decision.

What usually triggers a waiver invitation

A waiver invitation is usually triggered by a condition that is expected to need ongoing treatment, medication, hospital care or community support over the period the Department assesses. Common examples include chronic kidney disease, some cancers, serious heart conditions, intellectual disability, developmental conditions in children, conditions requiring expensive long-term medicines and conditions that may need disability or aged care support. These are general examples only. Whether any particular condition triggers a waiver invitation depends on the Medical Officer's assessment of that person.

The Department's published guidance says that health and welfare costs can include hospital care, primary care, pharmaceuticals, aged care, disability services and cash welfare payments. For permanent and provisional visas, the period assessed is set by Department policy and can be longer for permanent conditions. Partner visa health waiver evidence needs to engage with the categories of cost the Medical Officer actually included, which is why the next step is so important.

Read the invitation and ask for the reasons

The invitation should be read line by line. It should identify the person who failed the health requirement, the condition and, in most cases, the basis of the Medical Officer's opinion. Where the invitation does not explain what was costed and why, the applicant should ask the Department for the Medical Officer's opinion and any cost assessment as soon as possible. A waiver submission that does not know what it is answering is guessing.

The response period is short and strictly applied, and it runs from the date the invitation is given. Applicants who need more time should ask for it in writing early, explain why and identify the specific evidence still being obtained. There is no right to an extension, and a request made on the due date is unlikely to be helpful. Couples who receive a waiver invitation without a lawyer should get urgent immigration lawyer advice immediately. Our guide to hiring an immigration lawyer after visa lodgement explains how a lawyer can step in partway through a matter, and representation is set up through Form 956.

Specialist medical reports as partner visa health waiver evidence

Specialist medical reports are the foundation of partner visa health waiver evidence because they describe the condition as it is now, how it is managed and what it is likely to require in the future. The decision maker is not a doctor. The reports must give the decision maker reliable, current, specific information that can be connected to the cost and access questions in PIC 4007. A short letter from a general practitioner confirming that the applicant "is well" does not do that job. The same discipline that goes into a partner visa evidence bundle should go into the medical material.

Reports should come from the treating specialist wherever possible, and they should be addressed to the issues the Department needs to understand. My Migration Lawyers does not give medical advice, and nothing in this article is medical advice. The point is not what treatment a person should have. The point is that the decision maker needs an accurate picture of the treatment the person actually has and is likely to need, set out by the doctor responsible for it.

Current diagnosis and how it is managed

The first thing a report should do is state the current diagnosis in clear terms, when it was first made and how the condition is presently managed. If the condition is stable, the report should say so and explain on what basis. If the applicant's condition has improved since the immigration medical examination, the report should explain what changed and when. Good partner visa health waiver evidence describes the condition with the same terminology the Medical Officer used, so the decision maker can see that both documents refer to the same thing.

The report should also identify the specialist's qualifications, how long they have treated the applicant and what records they relied on. A report from a doctor who saw the applicant once, last week, carries less weight than one from a specialist who has managed the condition for years. Partner visa health waiver evidence is judged on its reliability as much as its content.

Prognosis

The prognosis is the specialist's opinion about how the condition is likely to develop. It matters because the Medical Officer's cost assessment is forward-looking. A report that explains the expected course of the condition over the coming years gives the decision maker a basis for assessing whether the projected costs are realistic for this applicant. Prognosis should be expressed honestly. A report that is overly optimistic and later contradicted by the applicant's own records damages credibility across the whole of the partner visa health waiver evidence.

Treatment plan and where treatment will happen

The treatment plan should list the medicines, procedures, appointments and supports the applicant currently receives and is expected to need. It should say how often each is needed, whether it is provided in the public or private system, and whether any part of it could be provided privately at the family's own expense. If treatment is already being paid for privately, the report should confirm this and the applicant should provide the receipts and statements that prove it.

Treatment plans are where partner visa health waiver evidence most often connects directly to cost. If the Medical Officer has costed a particular medicine or procedure, the specialist's report should address it. That does not mean arguing with the Medical Officer. It means giving the decision maker accurate information about how that item will be provided and paid for in this applicant's case.

Functional capacity and ability to work

Functional capacity is the applicant's ability to carry out daily activities, care for themselves and participate in work and community life. A report that addresses functional capacity helps the decision maker understand whether the applicant is likely to need community services such as disability support, home care or income support. It also helps establish that the applicant can work and contribute.

Where the applicant is working, the report should say so and confirm whether the condition limits the type or amount of work they can do. Where the applicant is a child, the report should address development, education needs and any expected support needs as the child grows. Evidence of functional capacity is often missing from waiver files, yet it speaks directly to the community services limb of the health requirement. Strong partner visa health waiver evidence never leaves it out.

What a specialist report should not do

A specialist report should not argue that the Medical Officer of the Commonwealth was wrong, should not offer opinions on migration law and should not plead for the visa to be granted. Those things make the report look partisan and reduce its weight. The specialist's role is to give an accurate, independent clinical picture. The legal argument belongs in the submission, which is prepared separately and refers to the reports.

Reports should also be current. A report that is many months old when the waiver submission is lodged may no longer reflect the applicant's condition. Where possible, reports should be obtained after the waiver invitation arrives, so that they respond to the issues it raises. An applicant who is unsure whether existing reports are adequate can ask for an immigration lawyer second opinion before lodging.

Cost mitigation evidence: answering the Medical Officer's cost assessment

Cost mitigation evidence is the part of partner visa health waiver evidence that shows the actual cost to the Australian community is likely to be lower than the Medical Officer's estimate, or that the family has the means and plans to meet a meaningful part of it. It is not enough to say that the couple will pay. Applicants who prepared their own application, as discussed in our comparison of a partner visa lawyer versus DIY, are often surprised by how much documentation this stage requires. The decision maker needs documents that show the resources exist, that they are stable and that they are connected to the specific costs identified.

Start with what the Medical Officer costed

The starting point for cost mitigation evidence is the Medical Officer's opinion and any cost breakdown that sits behind it. The Department assesses costs in categories such as hospital care, primary care, pharmaceuticals, disability services, aged care and cash welfare payments. The Medical Officer's assessment will have included some categories and not others. Partner visa health waiver evidence is far stronger when it addresses each costed item in turn and explains how that item will be reduced, offset or met.

If the couple does not have the Medical Officer's opinion, they should ask the Department for it. In some matters the Department provides it with the invitation. In others it has to be requested, and in some cases a formal request for the file is needed. A separate article in this series deals with requesting an immigration file under freedom of information law. The important point here is that partner visa health waiver evidence should be built on the actual assessment, not on assumptions.

What the cost evidence can and cannot change

Cost mitigation evidence cannot change the Medical Officer's finding that the condition is likely to result in significant cost. It can show the decision maker that, in this case, the cost is unlikely to be undue. That distinction should shape the language of the submission. The submission should accept the Medical Officer's opinion and then explain the circumstances that make the cost manageable.

This is also where many couples overstate what money can do. Some costs cannot be avoided by private payment. Once a person is a permanent resident, publicly funded services are generally available to them on the same basis as other residents. The decision maker knows this. Partner visa health waiver evidence that claims the applicant will never use the public system, without any explanation of how that could realistically happen, is unlikely to be believed. Honest, specific partner visa health waiver evidence about the parts of the cost that can be met privately is more persuasive than broad promises.

Private health insurance

Private health insurance can be useful cost mitigation evidence, but its value depends on what it covers. The submission should include the policy documents, the level of cover, the start date, any waiting periods for pre-existing conditions and confirmation that the policy covers the treatment relevant to the applicant's condition. A policy that excludes the applicant's condition, or that will not cover it for a long waiting period, does little to answer the cost assessment and should be explained rather than presented as if it solves the problem.

Insurance evidence is strongest when it is linked to specific items in the cost assessment. For example, if the Medical Officer costed hospital admissions and the applicant holds hospital cover that will apply after the relevant waiting period, that link should be made explicitly, with the policy terms that support it.

Employment, income and financial capacity

Evidence of employment and income shows that the applicant and their partner can meet ongoing costs and are unlikely to need income support. Useful documents include employment contracts, recent payslips, tax returns, notices of assessment, bank statements and evidence of savings and assets. If the applicant holds a Bridging visa A or another of the bridging visas with work rights, the Subclass 820 work rights and bridging visa position should be explained, together with evidence that the applicant is working or able to work.

The financial evidence should match the financial evidence already lodged for the relationship. A de facto or married couple who described modest shared finances in their relationship statement should not suddenly present a picture of significant wealth in the waiver submission without explanation. Partner visa health waiver evidence is read alongside the whole file, and inconsistencies raise questions about both.

Family support and the sponsor's role

Family support evidence shows who will provide care and practical help, and who can contribute financially if needed. The sponsoring partner is usually central. Their income, assets, health and capacity to provide care should be documented. Other family members in Australia may also be relevant, particularly where they provide care that would otherwise come from community services.

Each person who offers support should provide a signed statement explaining what support they provide now, what they will provide in future and why they are able to provide it, with documents that prove their capacity. These statements are evidence, not character references, and they are separate from the Form 888 witness statements about the relationship. They should be specific, factual and consistent with each other. A statement that simply says "we will look after her" adds little.

Treatment already funded privately

Where the applicant already pays for treatment privately, that history is some of the most persuasive partner visa health waiver evidence available. It shows that the family has actually met the cost, not just promised to. Receipts, invoices, pharmacy records, insurer statements and bank records showing payment over time should be collected and organised by category.

If treatment has been obtained overseas at the family's expense, for example by an applicant who moved from a tourist visa to a partner visa after years of care at home, that history may also be relevant, particularly for an offshore Subclass 309 or Subclass 300 applicant. The submission should explain how the treatment will be provided after arrival in Australia and how it will be paid for.

Undertakings to meet costs

An undertaking is a written promise by the applicant, the sponsor or another person to meet some or all of the costs associated with the condition. Undertakings can form part of partner visa health waiver evidence, but they rarely carry much weight on their own. The decision maker will ask whether the person giving the undertaking has the means to honour it, whether the promise is realistic over the period assessed and whether it relates to costs that can in fact be met privately.

An undertaking is most useful when it is supported by financial documents and tied to identified costs, such as specific medicines or private specialist care. It should never promise what cannot be delivered. A promise that is plainly beyond the family's means undermines the credibility of the rest of the partner visa health waiver evidence.

Community services and disability support

Some cost assessments are driven less by medical treatment and more by expected community services, such as disability support, special education, respite care or aged care. Partner visa health waiver evidence for these cases needs a different focus. It should show the care arrangements the family already has in place, the role family members play, any privately funded supports and the applicant's actual level of need, supported by functional assessments from treating professionals. The family's caring capacity, documented properly, can be a significant factor in whether projected community service costs are likely to be undue. Same-sex couples applying through the LGBTI partner visa pathway face exactly the same test, and the same partner visa health waiver evidence principles apply to them.

Compelling circumstances evidence for a partner visa health waiver

Compelling circumstances evidence is the part of partner visa health waiver evidence that explains why, in this family's case, it would be reasonable for the Australian community to bear the remaining cost. The Department considers compelling and compassionate circumstances when deciding whether the cost is undue. In a partner visa case, those circumstances usually centre on the Australian partner, any Australian children and the life the family has built in Australia.

Compelling circumstances must be proved, not asserted. A submission that says the couple are devoted to each other and would be devastated by refusal tells the decision maker nothing it does not already assume about every partner visa applicant. The evidence must show what is particular to this family.

The Australian partner

The impact of refusal on the Australian sponsor is often the heart of the compelling circumstances case. Evidence should explain the sponsor's ties to Australia, their work, their own family, any caring responsibilities and their health. If the sponsor could not realistically relocate to the applicant's country, the reasons should be set out with supporting documents, for example the sponsor's own medical needs, a parent in their care or children from a previous relationship who live in Australia.

The sponsor's statement should be factual and specific. It should explain what the relationship involves day to day and what would change if the visa were refused. It must be consistent with the relationship evidence and the sponsor's earlier statements. Couples who need help with the relationship side can read our guidance on preparing evidence of a genuine relationship, but the waiver statement serves a different purpose and should not simply repeat the relationship statement.

Australian children

Where the couple has children who are Australian citizens or permanent residents, their interests are usually the most important compelling circumstance. Evidence should show the children's ages, schooling, health, their relationship with each parent and what refusal would mean for them. Where a child is the person who failed the health requirement, the evidence should focus on the child's needs, the care the family provides and the consequences of separating the child from a parent or from Australia.

School reports, letters from teachers or childcare providers, medical records for the children and evidence of each parent's role in their care are all useful. Statements about children should be factual and should not exaggerate. Decision makers read many submissions about children, and they give weight to evidence, not adjectives.

Length of relationship and ties to Australia

The length and depth of the relationship and the applicant's ties to Australia are relevant compelling circumstances. A long relationship, a shared home, shared property and deep family connections in Australia all weigh in favour of the waiver. Evidence that already sits on the file can be drawn on, but the submission should summarise it and explain why it matters to the waiver question, rather than assuming the decision maker will make the connection.

For onshore applicants, the time already spent living in Australia, community involvement, study, volunteering and friendships are also relevant. Form 888 supporting statements already on the file may help show those ties, and further statements can be obtained where they add something specific.

Hardship if the visa is refused

Hardship evidence explains what would actually happen to the family if the waiver were not exercised and the visa refused. That includes the practical position in the applicant's home country, the availability and affordability of treatment there, the effect of separation on the sponsor and children, and any financial or caring consequences. Claims about treatment overseas should be supported by evidence, not assumption.

Hardship must be about this family. General statements that every refused applicant suffers are not compelling. The best hardship evidence is concrete: who would care for the children, how the sponsor's work would be affected, whether the applicant could continue treatment, and what the family would lose.

Contributions to Australia

Evidence of the applicant's present and likely future contribution to Australia can also support the waiver. That includes work in an occupation where skills are needed, a business, qualifications, community roles and caring work that supports other Australians. The Department's general policy in other contexts makes clear that simply paying tax and spending money is not, on its own, a special contribution. Partner visa health waiver evidence about contribution should therefore be specific, documented and relevant to the applicant's actual situation.

How to structure a partner visa health waiver submission

A partner visa health waiver submission should be structured so the decision maker can see, in order, that the applicant meets every other criterion, what the Medical Officer found, why the cost is unlikely to be undue and what compelling circumstances support grant. It should be a legal submission, written by or with an immigration lawyer for the partner visa, that refers to and relies on the attached partner visa health waiver evidence.

A practical structure

A clear structure usually includes the following parts:

• An introduction identifying the applicant, the visa, the invitation and the person who did not meet the health requirement.
• A short confirmation that all other criteria are met, with a reference to the relationship evidence and any recent updates.
• A summary of the Medical Officer's opinion, accepted as correct, and the categories of cost it identified.
• The medical evidence: the specialist reports, what they say about current management, prognosis, treatment and functional capacity.
• The cost mitigation evidence, item by item, linked to the categories of cost in the assessment.
• The compelling and compassionate circumstances, with the evidence for each.
• A conclusion that explains why, on the whole of the evidence, granting the visa would be unlikely to result in undue cost or undue prejudice.
• An index of every document provided.

Organising the evidence

Partner visa health waiver evidence should be indexed, labelled and uploaded in a logical order. Each document should be referred to in the submission by its index number. Large bundles of unexplained documents are unhelpful. A decision maker who cannot find the key payslip or insurance policy may simply not give it weight.

Documents not in English need accredited translations. Documents that change over time, such as payslips, bank statements and insurance policies, should be recent. If anything changes after the submission is lodged, such as a new job, a change in treatment or a change in the household, the Department should be told using the correct process. Our guide to Form 1022 change of circumstances explains that obligation.

Common mistakes in partner visa health waiver evidence

The most common mistakes in partner visa health waiver evidence are generic doctor letters, arguments that the medical opinion is wrong, missing cost evidence and submissions that ignore what was actually costed. Each of these is avoidable with early planning and an understanding of what the decision maker must decide.

Generic doctor letters

A generic doctor letter is a short note that confirms a diagnosis and states that the applicant is "fit and well" or "able to work" without explaining how the condition is managed, what it will need in future or on what basis the opinion is given. Decision makers see many of these letters and give them little weight. Specialist reports addressing diagnosis, prognosis, treatment and functional capacity are what the decision maker needs.

Arguing that the medical opinion is wrong

Because the decision maker must accept the Medical Officer's opinion as correct, a submission that spends its energy arguing the opinion is wrong usually achieves nothing and loses the chance to argue the waiver properly. If there is a genuine concern about the medical assessment itself, it should be raised through the correct channel with legal advice, and the waiver submission should still be prepared in the alternative.

Missing or unconnected cost evidence

Many submissions say the family will cover costs but provide no documents. Others attach documents but never connect them to the costs identified. Both are weak. Every claim about cost should be supported by a document, and every document should be explained in the submission.

Ignoring the rest of the file

Partner visa health waiver evidence is read alongside the whole application. If the relationship itself has changed, for example because of a Subclass 820 relationship breakdown or family violence, different provisions apply and urgent advice is needed. A waiver submission that contradicts the relationship evidence, discloses a previously undisclosed fact or changes the story of the relationship can create new problems, including concerns under PIC 4020 about false or misleading information. Consistency with everything already lodged is essential. Our guide to why partner visas get refused explains how unrelated issues can surface late in processing.

Leaving it too late

The response period for a waiver invitation is short. Specialist appointments, insurance documents and statements from family members all take time. Couples who wait before starting usually lodge an incomplete submission. Work on partner visa health waiver evidence should begin the day the invitation arrives. A waiver invitation can also add to overall processing, which is one reason couples should understand how long the onshore 820 partner visa takes and plan for it.

Health waiver evidence at the permanent stage

For two-stage partner visas, the Department's policy is that an applicant who received a health clearance at the temporary or provisional stage, or had a health waiver exercised, is not ordinarily required to undergo further health checks at the permanent stage. The Subclass 801 and Subclass 100 guidance describes this as a policy decision, not a re-use of the earlier assessment.

There are exceptions. Further medical examinations may be requested where the delegate has reason to believe a condition was not disclosed earlier, where there are concerns about fraud, where the Department has information that the applicant's health has changed, or where the temporary or provisional visa ceased more than 12 months before the delegate began assessing the permanent application. Dependants added at the permanent stage who have not been examined will also need medical examinations. In any of those situations, partner visa health waiver evidence may be needed again, and it should be prepared with the same care as at the first stage. Our article comparing Subclass 820 and Subclass 801 explains how the two stages fit together.

What happens if the health waiver is not exercised?

If the decision maker is not satisfied that the waiver should be exercised, the visa will be refused because the health requirement in PIC 4007 is not met. A refusal of an onshore partner visa is usually reviewable by the Administrative Review Tribunal, which replaced the Administrative Appeals Tribunal on 14 October 2024. The review deadline is short, strictly applied and runs from the date the decision is notified, so action must be taken immediately.

The Tribunal can consider fresh partner visa health waiver evidence on review. Our guides to ART review after a visa refusal and partner visa refusal appeal options explain that process, and a visa appeal lawyer can advise on whether judicial review is relevant if the Tribunal makes a legal error. That is a second opportunity, but it is not a reason to lodge a weak submission with the Department. A separate article in this series deals with health refusals and review options in detail. Applicants facing a refusal should also read our guide to partner visa refusals and our article on Subclass 820 visa refusals, and get advice the same day the decision arrives. Where a visa that has already been granted is under threat, the issues are different, and our visa cancellations team should be consulted.

How My Migration Lawyers builds partner visa health waiver evidence

My Migration Lawyers prepares partner visa health waiver evidence for couples whose application has reached the point where the Department has invited a waiver submission. These are complex matters. They sit at the point where medical evidence, financial evidence and family circumstances meet a discretionary legal test, and the time to respond is short. The firm acts in many partner visa matters involving health requirement issues and is equipped to handle them.

When a couple instructs My Migration Lawyers on a health waiver, the work is concrete:

• The firm reviews the waiver invitation and the whole partner visa file to confirm that every other criterion is met and identifies any risk that could stop the waiver being reached.
• It obtains or requests the Medical Officer's opinion and any cost assessment, so the submission answers what was actually costed.
• It prepares written briefs for treating specialists explaining the issues their reports need to address, without asking them to argue migration law or contradict the Medical Officer.
• It identifies the cost mitigation evidence the family holds, including insurance, employment, income, privately funded treatment and family support, and links each document to the relevant cost category.
• It takes instructions from the applicant, the sponsor and other family members and presents their own accounts and evidence in the form the law requires.
• It drafts the legal submission, indexes the evidence and lodges it within the response period, seeking more time where it is genuinely needed.

The work is overseen by Weiwei Zhang, Principal Lawyer. No lawyer can promise that a waiver will be exercised. What My Migration Lawyers provides is a careful, honest and well organised case built on the evidence the decision maker needs. Learn more about My Migration Lawyers and how our partner visa lawyers work. Our article on what partner visa lawyers do and our guide to choosing a partner visa lawyer explain the role in more detail, and our fixed-fee approach means the scope of work is agreed in writing from the start. Readers comparing firms can also read about choosing Australian migration lawyers and what happens at an immigration lawyer consultation.

My Migration Lawyers acts for couples across Australia and overseas, and consultations are held by video. Clients work with our partner visa lawyers in Sydney, Melbourne, Brisbane, Perth, Adelaide, Canberra, the Gold Coast, Hobart and Parramatta. Couples researching their options locally often start with guides such as the best partner visa lawyer in Sydney, Melbourne, Brisbane, Perth and Adelaide, or the national guide to the best partner visa lawyer in Australia. Wherever a couple lives, the partner visa health waiver evidence is prepared to the same standard.

If you have received a waiver invitation, or expect one, contact the firm early. Book a Consultation with My Migration Lawyers to discuss your partner visa health waiver evidence. You can also call My Migration Lawyers on 1300 040 300.