Partner Visa With HIV

A partner visa HIV case is a partner visa application in which the applicant is living with HIV. The short answer to the question most people ask is yes: a partner visa HIV applicant can be granted an Australian partner visa. HIV does not automatically disqualify anyone. What it does is bring the health requirement into sharp focus, and in particular the question of whether the cost of treatment over time is assessed as a significant cost to the Australian community.

In a partner visa HIV matter, the outcome usually depends on three things. The first is the opinion of the Medical Officer of the Commonwealth. The second is whether, if that opinion is adverse, the health waiver is exercised. The third is the quality of the evidence put forward on the waiver. Each of these can be prepared for, and each is explained in this guide.

This article is written for couples where the applicant partner is HIV positive, for couples who have just learned of an HIV diagnosis through the immigration medical examination, and for Australian partners who want to understand what the Department will look at. It covers how the health requirement treats HIV, what the HIV test involves, how cost is assessed, how the waiver works, what medical evidence matters, what happens to privacy and confidentiality, and what to do if the Department forms an adverse view. For the wider picture of every partner visa subclass, start with our complete guide to partner visas in Australia.

Can you get a partner visa with HIV in Australia?

Yes. A person living with HIV can be granted a partner visa in Australia, and many people living with HIV have been. The real question is not whether HIV is allowed. It is whether the applicant meets the health criterion in PIC 4007 of Schedule 4 to the Migration Regulations 1994, or, if not, whether that criterion is waived.

PIC 4007 applies to the onshore Subclass 820 partner visa and the permanent Subclass 801, to the offshore Subclass 309 partner visa and the permanent Subclass 100, and to the Subclass 300 Prospective Marriage visa. PIC 4007 is important in a partner visa HIV case because it is the version of the health criterion that contains a waiver. Some other visa types use PIC 4005, which has no waiver. Partner visas do not.

That single feature changes the strategy in every partner visa HIV matter. An adverse medical opinion is not the end of the application. It is the point at which the waiver argument begins.

Is HIV a reason for automatic refusal?

No. There is no rule in the Migration Act 1958 or the Migration Regulations 1994 that refuses a partner visa because the applicant is HIV positive. The partner visa HIV assessment is the same legal test that applies to any health condition. The decision maker asks whether the applicant is free from tuberculosis, free from a disease or condition that is a threat to public health or a danger to the community, and free from a disease or condition that is likely to result in significant cost or prejudice access to health care or community services in short supply.

In practice, a partner visa HIV applicant whose condition is well managed is not usually assessed as a threat to public health. The issue that arises is the third limb, which deals with cost and access to services. That is where most partner visa HIV cases are decided.

How the health requirement treats HIV for a partner visa

The health requirement has three purposes, as the Department describes them: to protect the Australian community from public health and safety risks, to contain public spending on health care and community services, and to protect the access of Australian citizens and permanent residents to health and community services in short supply. For a partner visa HIV applicant, the second and third purposes are the ones that matter.

PIC 4007(1)(c) requires the applicant to be free from a disease or condition for which a person who has it would be likely to require health care or community services during the relevant period, where the provision of that care would be likely to result in a significant cost to the Australian community or prejudice the access of Australian citizens and permanent residents to care or services. For a permanent visa, the period begins when the application is made. Because partner visas lead to permanent residence, a partner visa HIV assessment looks at the likely cost of HIV treatment over the period the Medical Officer of the Commonwealth is required to consider.

Who decides whether the health requirement is met?

A Medical Officer of the Commonwealth decides the medical question. The case officer, or the Tribunal on review, must seek that opinion and must take it to be correct on the medical matters it addresses. This is why a partner visa HIV case is rarely won by arguing with the diagnosis. It is won by making sure the medical officer has accurate and up to date information, and, where the opinion is adverse, by putting a properly evidenced waiver argument to the person who has the power to waive.

The waiver decision is not made by the medical officer. It is made by the delegate of the Minister, or by the Tribunal. That separation matters. A medical officer may find that the cost is significant. The delegate may still be satisfied that granting the visa would not result in undue cost or undue prejudice, once the whole picture is considered.

What is the significant cost threshold?

The significant cost threshold is the policy figure the Department uses to decide whether the likely cost of a condition is significant. The Department reviewed the health requirement and the threshold in 2024, and the threshold was increased from 1 July 2024. The figure is set by policy and can change. In a partner visa HIV matter, the exact figure is less important than the inputs: what treatment the applicant actually takes, what that treatment costs, and over what period the medical officer has costed it.

The Department's own review of the health requirement, published in April 2024, specifically noted that people living with stable and managed conditions such as HIV can be prevented from meeting the health requirement because the cost assessment does not fully reflect medical advances. That observation explains why so many applicants living with HIV who are healthy and working still receive an adverse opinion on cost. It also explains why the waiver is so often the real issue.

The HIV test in the partner visa medical examination

Applicants for a permanent visa who are 15 years of age or older are generally required to undergo an HIV test as part of the immigration medical examination. Partner visa applicants complete the health examinations requested by the Department through its approved panel physicians, and the results are sent to the Department electronically. Children under 15 are usually tested only in specific circumstances, such as a history of blood transfusion or a clinical indication.

The Department's medical examination form records that pre-test and post-test counselling for HIV, hepatitis B and hepatitis C should be carried out in accordance with the panel instructions. For a person who learns of an HIV diagnosis for the first time through a visa medical, that counselling is the first step. The partner visa HIV application then continues with the medical officer's assessment.

What happens after a positive HIV result?

After a positive or reactive result, the medical officer may ask for more information before forming an opinion. Under the Department's current internal guidance for medical officers, an HIV specialist report is generally requested for applicants outside Australia, and that report must include CD4 count and viral load results. For applicants already in Australia who have a known HIV status and are on treatment, the medical officer may finalise the assessment on the existing treatment information, or may ask for a specialist report. For an applicant in Australia who is newly diagnosed at the medical, the guidance indicates that the medical officer can proceed without a specialist report.

This means the evidence that reaches the medical officer in a partner visa HIV case can differ greatly depending on where the applicant is and how long they have known their status. An applicant who is already well established on treatment should make sure the treating doctor's letter is current, complete and accurate.

Do I have to disclose that I am HIV positive?

Yes. A partner visa HIV applicant must answer every health question in the application truthfully, and must not withhold a known diagnosis. The HIV test will usually reveal the condition in any event. More importantly, giving false or misleading information in a visa application can engage PIC 4020, the integrity criterion, which is a separate ground for refusal and which can affect future applications. Honest disclosure, supported by good medical evidence, is always the stronger position.

Partner visa HIV assessment for the onshore and offshore pathways

The partner visa HIV assessment applies to both the onshore and offshore pathways. Processing can take longer where a specialist report or a waiver is needed, and our article on how long a Subclass 820 visa takes explains general processing. The steps are broadly the same, but the timing and some practical points differ.

Onshore: the Subclass 820 and Subclass 801

An onshore applicant lodges a combined application for the temporary Subclass 820 and the permanent Subclass 801. The applicant usually completes the health examinations once the Department requests them, often through a section 56 request for more information. Where the applicant held a substantive visa at lodgement, a Bridging Visa A generally allows them to remain lawfully in Australia while the partner visa HIV assessment is completed. Our guides to bridging visas in Australia, the Bridging Visa A and to working while waiting for a Subclass 820 visa explain those rules. Our article on the Subclass 820 onshore partner visa explains the visa itself.

For many onshore applicants, the practical advantage is that they are already being treated in Australia and can produce Australian treatment records. That evidence can be persuasive on the waiver, especially where the applicant is working and contributing.

Offshore: the Subclass 309 and Subclass 100

An offshore applicant lodges a combined application for the provisional Subclass 309 and the permanent Subclass 100. The applicant completes the health examinations overseas with a panel physician, and both partners use an ImmiAccount to manage the application. In an offshore partner visa HIV case, the specialist report requested by the medical officer usually comes from the applicant's treating doctor overseas, and it should address treatment, adherence, viral load and CD4 count in a form the medical officer can rely on.

Is the health check repeated at the permanent stage?

Usually not. The Department's procedural guidance for the Subclass 801 and Subclass 100 indicates that applicants who received a permanent health clearance at the first stage, or who had a health waiver exercised, are not ordinarily required to repeat the health examinations at the permanent stage. Repeat examinations may be requested where a condition was not disclosed, where there are fraud concerns, where the Department learns the condition has changed, or where the temporary or provisional visa ceased well before the permanent assessment began. For a partner visa HIV applicant, this means the first stage health assessment is usually the one that counts. Our article on Subclass 820 vs Subclass 801 explains how the two stages work.

Does the Australian partner's HIV status matter?

No, not for the health criterion. The health requirement applies to the visa applicant and to members of the applicant's family unit. The Australian sponsor does not undergo an immigration medical examination for the partner visa. A partner visa HIV issue therefore only arises when the applicant, or a family member who must meet the health criterion, is living with HIV.

Where the sponsor is the person living with HIV, that fact can still be relevant in a different way. It may be part of the relationship evidence, for example where the applicant supports the sponsor with treatment and appointments. It may also be relevant to the hardship that a refusal would cause, if the case turns on a waiver for some other reason. It is not, however, a partner visa HIV health assessment issue.

Partner visa HIV for same-sex and LGBTI couples

Many applicants living with HIV are in same-sex relationships. Same-sex married couples and same-sex de facto couples are treated in exactly the same way as any other couple under the Migration Act 1958. Our page on same-sex and LGBTI partner visas explains how the relationship criteria apply. The health criterion also applies in the same way, whatever the gender or sexuality of the couple.

What can differ is the evidence. Some couples have not been able to live openly in the applicant's home country, and some have not told family about the relationship or about the applicant's HIV status. Those circumstances do not prevent a grant. They do mean that the relationship evidence and the waiver evidence should be prepared with care, so that the applicant's privacy is respected while the legal criteria are still met.

What the partner visa HIV assessment does not look at

A partner visa HIV assessment is a legal and medical assessment of cost and access to services. It is not a judgement about how a person acquired HIV, about their sexuality or about their private life. The decision maker does not need, and should not be given, information that is irrelevant to the legal criteria. A well prepared partner visa HIV application gives the medical officer and the delegate exactly what the law requires: accurate medical evidence, a clear account of treatment and cost, and, where needed, a strong waiver submission.

If you are starting the process and are unsure where your case sits, our guide to the Subclass 820 partner visa and our partner visa document checklist explain the full application. Our page for partner visa lawyers explains how My Migration Lawyers assists couples with a partner visa HIV application from the first consultation.

What happens if the medical officer says the health requirement is not met?

If the Medical Officer of the Commonwealth forms the opinion that a partner visa HIV applicant does not meet PIC 4007(1)(c), the Department does not simply refuse. Because PIC 4007 contains a waiver, the delegate must consider whether to waive the requirement. Before deciding, the Department will usually write to the applicant, set out the adverse medical opinion and invite a response. This is the most important moment in a partner visa HIV case.

That letter is often issued under section 57 of the Migration Act 1958, which requires the Department to give the applicant particulars of adverse information and an opportunity to comment. Our guide to responding to an S57 natural justice letter for a partner visa explains that process. In a partner visa HIV matter, the response is the waiver submission. It should not be a short letter saying the applicant is healthy. It should be a structured submission, supported by evidence, addressing the legal test for the waiver.

The time allowed to respond is set out in the letter and is usually short. Where the applicant is onshore, any travel on a Bridging Visa B during this period should be planned around the deadline. An applicant who receives an adverse health letter should get advice immediately.

The health waiver for a partner visa HIV applicant

The health waiver is found in PIC 4007(2). In broad terms, the Minister may waive the requirement in PIC 4007(1)(c) if the applicant satisfies all the other criteria for 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.

Two points about this test are critical in every partner visa HIV case.

First, the waiver is only available if every other criterion is met. A partner visa HIV applicant whose relationship evidence is weak, whose character is in question or whose application has a Schedule 3 problem may never reach the waiver. That is why a partner visa HIV application must be strong across the board, not only on health.

Second, the waiver test uses different words from the medical test. The medical officer asks whether the cost is significant. The waiver asks whether the cost would be undue. A cost can be significant without being undue. The waiver submission explains why, in this applicant's circumstances, the cost is not undue and access to services will not be unduly prejudiced.

What does a decision maker consider on the waiver?

The decision maker considers all the circumstances, including the compelling and compassionate circumstances of the case. The matters that are commonly relevant in a partner visa HIV waiver include:

• the actual treatment the applicant takes, and its actual cost, as shown by the treating specialist;
• the applicant's current health, viral load, treatment adherence and prognosis;
• the applicant's employment, qualifications, skills and capacity to work and pay tax;
• any private health insurance, employer support or other means of meeting part of the cost;
• the length and strength of the relationship with the Australian partner;
• any Australian citizen or permanent resident children, and their best interests;
• the effect that refusal would have on the Australian partner, including whether the couple could realistically live together elsewhere;
• the applicant's ties to Australia and the community; and
• the availability and continuity of treatment if the applicant had to leave Australia.

No single factor decides a partner visa HIV waiver. The decision maker weighs them together. That is why the evidence for each factor matters. Our guide to the 820 visa requirements, documents and how to apply explains where the health criterion sits among the other criteria.

Mitigating the cost

A partner visa HIV waiver submission often addresses whether the estimated cost can be reduced or offset. Examples that are sometimes put include evidence that the applicant works full time and will continue to do so, evidence of income and tax paid, evidence of private health insurance, and evidence of the real cost of the applicant's treatment regime. The decision maker is not required to accept that any particular measure removes the cost. The point of the evidence is to show that the cost, in context, is not undue.

Compelling and compassionate circumstances

Compelling and compassionate circumstances are often the heart of a partner visa HIV waiver. They usually centre on the relationship and the Australian partner. A long relationship, a shared home, children, an Australian partner who cannot relocate because of work, family or their own health, and the consequences for treatment if the applicant had to leave Australia can all be relevant. These circumstances must be real and proved, and the Australian partner's eligibility under the partner visa sponsorship limitations should already have been confirmed. The waiver submission sets them out in the order and form the legal test requires, and attaches the evidence for each.

What the Tribunal has said in partner visa HIV and health waiver matters

The Administrative Review Tribunal, and before it the Administrative Appeals Tribunal, has considered the health criterion in many partner visa reviews. The following decisions are Tribunal remittals, where the Tribunal sent the matter back to the Department for reconsideration or found the relevant criterion met. Each is described only by the issue it was reported to turn on. My Migration Lawyers was not involved in these matters.

In 1732677 (Migration) [2021] AATA 796, a Subclass 820 matter, the issues reported were that the applicant was a transgender woman with HIV infection, that the specific medication she required was not available in her home country, and that she had been found not to meet the health criteria. It is the clearest example in the database of a partner visa HIV review where the availability of treatment outside Australia was part of the circumstances before the Tribunal.

Other remittals show how the Tribunal approaches the health waiver generally. In 1724247 (Migration) [2019] AATA 6609, a Subclass 309 matter, the applicant had failed to meet PIC 4007 on a valid medical opinion, and the reported issue was that compelling and compassionate circumstances existed. In Li (Migration) [2021] AATA 4857, a Subclass 820 matter, the reported issues were the health criterion waiver, that the medical condition was not likely to prejudice access to health care, and undue cost to the Australian community. In 1718024 (Migration) [2021] AATA 2553, a Subclass 820 matter, the reported issues included possible mitigation of significant costs and that the requirements of PIC 4007(1)(c) be waived. In Vong (Migration) [2024] AATA 765, a Subclass 820 matter, the reported issues were undue cost, compassionate or compelling circumstances and a lengthy and genuine de facto relationship.

Two further remittals are relevant to applicants who are working and in long relationships. In 1907240 (Migration) [2024] AATA 2111, a Subclass 820 matter, the reported issues included that the potential cost of treatment estimated by the medical officer represented an extreme case, that the applicant worked full time in a physically demanding occupation, and that the relationship was a same-sex relationship. In 2100971 (Migration) [2024] AATA 335, a Subclass 820 matter, 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.

Finally, Kelly (Migration) [2021] AATA 480, a Subclass 309 matter, was reported as turning on significant cost, Departmental policy changes and a further medical opinion. It illustrates that a medical opinion can become out of date, and that the Tribunal may obtain a fresh opinion. These decisions do not mean that any particular partner visa HIV case will succeed. They show the kinds of issues the Tribunal examines when the health criterion is in dispute.

Medical evidence for a partner visa HIV application

Good medical evidence is the foundation of every partner visa HIV application. It serves two purposes. It makes sure the medical officer's cost estimate reflects the applicant's real treatment, and it supports the waiver if one is needed.

The specialist report

The most important document is usually a current report from the applicant's treating HIV specialist or general practitioner. In a partner visa HIV case the report should generally address:

• the date of diagnosis and the treatment history;
• the current antiretroviral regimen, by medication name and dose;
• treatment adherence;
• the most recent viral load and CD4 count, with dates;
• any other conditions, and whether they are related or unrelated;
• the applicant's current functional capacity, including capacity to work full time; and
• the prognosis on continued treatment.

A report that says only that the patient is "well" is not enough. The medical officer and the delegate need specific clinical information. Where the report is from overseas and is not in English, a certified translation is required.

Evidence of treatment cost

A partner visa HIV waiver submission is stronger where the actual cost of the applicant's medication and monitoring is documented, rather than left to estimation. Pharmacy records, insurer statements and a letter from the treating doctor explaining the regimen and the expected monitoring can all assist. The decision maker is entitled to rely on the medical officer's estimate, so the purpose of this evidence is to put the real picture before the person exercising the waiver.

Evidence of work and contribution

Evidence of the applicant's work and contribution is usually central to a partner visa HIV waiver. Employment contracts, payslips, tax returns, qualifications and letters from employers can show that the applicant is working and is likely to keep working. For an offshore applicant, evidence of qualifications, work history and job offers in Australia can serve the same purpose.

Relationship evidence still decides the case first

A partner visa HIV application is still a partner visa application. Before the waiver can be considered, the applicant must satisfy every other criterion, including that the relationship is genuine and continuing. The Department assesses the four aspects of the relationship set out in regulation 1.15A for spouses and regulation 1.09A for de facto partners: the financial aspects of the relationship, the nature of the household, the social aspects of the relationship and the nature of the commitment.

In a partner visa HIV matter, the relationship evidence does double work. It establishes the relationship criteria, and it also supplies the compelling and compassionate circumstances for the waiver. A couple who can show years of shared life, shared finances and a shared household are in a much stronger position on both questions.

The couple's account of their relationship is set out in one relationship statement. The applicant's statement is their own evidence, reviewed and corrected by them. Where the Australian partner has supported the applicant through diagnosis, treatment or appointments, that support is part of the nature of the commitment and can be described in the statement. Our guides to the partner visa relationship statement, partner visa relationship evidence and preparing evidence of a genuine relationship explain what that evidence should look like. For onshore applicants, see also our Subclass 820 evidence checklist.

Form 888 statements

Form 888 supporting statements from Australian citizens or permanent residents who know the couple support the social aspects of the relationship. Form 888 is a supporting statement, not a statutory declaration. An applicant does not need to disclose their HIV status to the people who give Form 888 statements. The witnesses speak to the relationship, not to the applicant's health. Our article on Form 888 example answers and common mistakes explains what makes these statements useful.

De facto couples

De facto couples must also satisfy the de facto requirements, including the 12-month relationship requirement unless an exception applies, such as registration of the relationship in an Australian state or territory. Our guide to the de facto partner visa and the 12-month rule explains this. The partner visa HIV health assessment does not change those requirements.

Common mistakes in partner visa HIV applications

The most common mistakes in partner visa HIV applications are avoidable. They include:

• answering health questions inaccurately or leaving out a known diagnosis;
• relying on an old or vague medical letter that does not state viral load, CD4 count or the current regimen;
• responding to an adverse health letter with a short personal note rather than a structured waiver submission;
• focusing only on health and leaving the relationship evidence thin, so the waiver is never reached;
• failing to document employment, income and the real cost of treatment;
• missing the deadline to respond to the Department, or the deadline to seek review; and
• assuming that a rule excluding certain medication costs for some temporary visas applies to a partner visa HIV assessment.

Our articles on why partner visas get refused and why Subclass 820 partner visas are refused set out the wider refusal grounds that can sit alongside a partner visa HIV issue. Our guide to partner visa lawyer services in Australia explains how legal help reduces these risks, and our comparison of a partner visa lawyer vs doing it yourself explains when a health issue makes advice worthwhile.

Privacy and confidentiality in a partner visa HIV case

Health information given to the Department in a partner visa HIV application is sensitive personal information. The Department collects it to assess the health requirement. It is handled under the Department's obligations under Australian privacy law, and it is not disclosed to the applicant's employer, friends, community or family as part of the visa process.

The medical examination form does contain a consent, in which the applicant agrees that the Department may pass relevant health information to the panel physicians who examined them, clinic staff, Australian health agencies and certain other bodies, and may keep the information for future health assessments. Applicants should read that consent before signing. For a partner visa HIV applicant, the practical point is that the HIV result becomes part of the Department's health record for that applicant.

Does my partner have to know?

The partner visa HIV process does not require the applicant to disclose their HIV status to the Australian partner, and the Department does not inform the sponsor of the applicant's medical results. In practice, however, most applications are stronger where the couple are open with each other, because the Australian partner's evidence about the relationship, the support they give and the hardship refusal would cause is usually central to the waiver. Where the sponsor does not yet know, that is a matter for the applicant, and it should be raised in a confidential consultation before decisions are made about the waiver evidence.

Form 888 witnesses and family

As explained above, Form 888 witnesses speak to the relationship and do not need to know about the applicant's health. Where a waiver submission relies on statements from people about the applicant's health or the couple's circumstances, those statements are usually given by people who already know, or by treating professionals.

Health undertakings and HIV

A health undertaking is a written agreement with the Australian Government to attend a state or territory health clinic for follow-up after arrival, and to place oneself under the clinic's supervision. The Department's undertaking form applies to tuberculosis and also lists hepatitis B, hepatitis C, HIV and leprosy. The Department's internal guidance for medical officers indicates that an HIV positive applicant for a permanent visa who meets the public health limbs of PIC 4007 may be asked to sign an HIV undertaking.

An undertaking is a follow-up arrangement, not a refusal. An applicant who is asked to sign one should do so and comply with it. Undertakings are a different issue from the cost assessment in PIC 4007(1)(c) and the waiver.

Family members and the partner visa HIV assessment

The health criterion applies to members of the applicant's family unit who are included in the application, and generally also to family members who are not migrating. If an included or non-migrating family member is living with HIV, the same assessment applies to that person. Where one person in the family unit does not meet the health criterion, the visa may not be granted to the others unless the waiver is exercised. The rules for family members, including children, are explained in our separate guidance, and the partner visa HIV principles in this article apply to any family member living with HIV.

Where a dependent child is included, the evidence about the child's best interests also becomes part of any waiver submission. Our partner visa document checklist explains what is needed for included children.

Partner visa HIV and other criteria that interact with health

A partner visa HIV application can involve other criteria that must be dealt with first, because the waiver is only available when all other criteria are met.

Schedule 3. An onshore applicant who did not hold a substantive visa when applying must generally meet the Schedule 3 criteria or have them waived for compelling reasons. An applicant in that position faces two waiver questions, not one. Our Schedule 3 waiver page and our article on the Schedule 3 partner visa waiver explain how that is approached.

Condition 8503. An applicant whose visa carries condition 8503 generally cannot lodge an onshore partner visa until the condition is waived. Our article on applying for a Subclass 820 visa with a no further stay condition explains the rules, and our guide to moving from a tourist visa to a partner visa in Australia explains what visitors should check first.

Previous refusals. Where the applicant has had an earlier visa refused, including on health grounds, section 48 of the Migration Act 1958 may limit what can be lodged onshore. Our article on a partner visa after a visa refusal explains how this works.

Character and integrity. Every applicant must meet the character criteria and PIC 4020. A Form 80 may be requested. Inaccurate health answers in an earlier visa application can raise an integrity issue in a later partner visa HIV application, which is another reason to answer health questions truthfully every time.

Changes in circumstances. If the applicant's health, treatment, address or relationship changes during processing, the Department must be told using Form 1022. An applicant who starts a new regimen, for example, may want to provide updated medical evidence at the same time.

Refused partner visa HIV applications: review at the ART

If a partner visa is refused because the health criterion was not met and the waiver was not exercised, review is generally available in the Administrative Review Tribunal. The deadline for lodging review is short and is strictly applied, so the refusal letter should be read on the day it arrives. Our partner visa refusals page and our guide to partner visa appeal options explain what to do next.

The Tribunal reviews the decision afresh, on the evidence before it at the time of its decision. In a partner visa HIV review, that has three practical consequences. First, the Tribunal can seek a further opinion from a Medical Officer of the Commonwealth, and a new opinion can reflect current treatment and current cost settings. Second, the Tribunal can exercise the waiver itself. Third, the applicant can put updated evidence of the relationship, employment, treatment and circumstances. A partner visa HIV review is therefore often a real second opportunity to present the waiver case properly. Our article on what to expect at an ART review explains the process, and our visa refusals page explains the wider options.

Where the Tribunal affirms the refusal and there is an error of law, judicial review may be available in limited circumstances. Our article on when you need a visa appeal lawyer explains the difference between merits review and judicial review.

If the relationship ends during a partner visa HIV application

If the relationship ends during processing, the genuine and continuing relationship criterion may no longer be met, and the partner visa HIV application may fail for that reason rather than for health. Special provisions can apply in some cases, including where the relationship ended and the applicant or a family member suffered family violence committed by the sponsor. Our family violence partner visa page and our article on what happens if the relationship breaks down explain those provisions. The health criterion still applies in those cases.

Getting advice on a partner visa HIV application anywhere in Australia

Couples dealing with a partner visa HIV issue live in every part of Australia and overseas. Consultations with My Migration Lawyers are held by video, so the location of the couple does not limit the advice available. Clients often find us through our pages for partner visa lawyers in Sydney, partner visa lawyers in Melbourne, partner visa lawyers in Brisbane, partner visa lawyers in Perth, partner visa lawyers in Adelaide, partner visa lawyers in Canberra, partner visa lawyers in Hobart, partner visa lawyers on the Gold Coast and partner visa lawyers in Parramatta. The same partner visa HIV rules apply wherever the couple lives, because they are set by Commonwealth law.

Couples who have already lodged their own application can still get help. Our articles on hiring an immigration lawyer after lodging your own visa application and on getting a second opinion from an immigration lawyer explain how that works, and a lawyer can be appointed to an existing application using Form 956. Where an adverse health letter has already arrived, our guide to urgent immigration lawyer advice explains what to prepare. Our guides on when you need an immigration lawyer for a partner visa and on booking an immigration lawyer consultation explain what legal assistance covers.

How My Migration Lawyers helps with a partner visa HIV application

My Migration Lawyers acts in partner visa matters where the health criterion is in issue, including partner visa HIV applications, adverse Medical Officer of the Commonwealth opinions and health waiver submissions at the Department and at the Tribunal. These are complex cases. The firm handles them with care, discretion and respect for the applicant's privacy, and it is capable of managing them from the first medical examination through to review.

In a partner visa HIV matter, My Migration Lawyers typically:

• reviews the applicant's medical history and the treating specialist's evidence before the health examinations, so that the medical officer receives accurate, current information about the regimen, viral load and CD4 count;
• checks every other criterion first, including the relationship, the sponsor, Schedule 3, condition 8503 and character, so that the waiver can actually be reached;
• identifies what evidence of employment, income, treatment cost and contribution exists, and asks the client to gather it;
• prepares the response to any adverse health letter as a structured waiver submission under PIC 4007(2), addressing undue cost, undue prejudice to access and the compelling and compassionate circumstances of the case;
• presents the couple's own account of their relationship in the form the law requires, with the client reviewing and correcting their statement;
• advises on privacy, including who needs to know about the applicant's health and who does not; and
• where a refusal has issued and review is still available, lodges the review, seeks a further medical opinion where appropriate and prepares the waiver case for the Tribunal.

The lawyer decides how the legal argument on the waiver is put and prepares the submissions. The client's medical information is treated as strictly confidential.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our best partner visa lawyer in Australia guide explains what to ask any lawyer before engaging them. If you want your partner visa HIV application or health waiver assessed confidentially, book a consultation online or call 1300 040 300.