Partner Visa With Tuberculosis

A partner visa tuberculosis finding is one of the most frightening results a couple can receive during the visa medical. Many couples assume that tuberculosis, often called TB, means the partner visa will be refused. In most cases that is not correct. A partner visa tuberculosis issue usually changes the timing and the steps of the application, not the final answer.

This guide explains how the Department of Home Affairs deals with a partner visa tuberculosis result. It covers TB screening in the visa medical, the difference between active and inactive TB, treatment before grant, the health undertaking on Form 815, what happens for onshore and offshore applicants, how long a TB result can delay processing, and why honesty about any TB history matters. It is written for couples applying for the onshore Subclass 820 partner visa, the offshore Subclass 309 partner visa or the Subclass 300 Prospective Marriage visa.

This article does not deal with the cost-based health assessment for long-term conditions or disability, or with HIV. It deals only with tuberculosis. For the wider picture of every partner visa subclass, read our complete guide to partner visas in Australia.

Can you get a partner visa if you have tuberculosis?

Yes. A person who has, or has had, tuberculosis can be granted a partner visa, but a person with active tuberculosis cannot be granted the visa until the disease has been treated and a Medical Officer of the Commonwealth is satisfied that the person is no longer a threat to public health. A person with inactive or past tuberculosis is usually able to proceed once the health assessment is complete, often after signing a health undertaking.

The answer to a partner visa tuberculosis question therefore depends on three things:

• Whether the tuberculosis is active or inactive. Active tuberculosis is infectious or capable of becoming infectious, and it must be treated first. Inactive tuberculosis, sometimes called latent tuberculosis, is not infectious, and it is usually managed by monitoring.
• Whether treatment has been completed. Where active disease is found, the applicant must complete a full course of treatment, and the Medical Officer of the Commonwealth must then clear the applicant.
• Whether the Department asks for a health undertaking. Where there is a risk that tuberculosis could become active in the future, the Department may require the applicant to sign Form 815 and to attend follow-up in Australia.

None of these steps are about whether the relationship is genuine. A partner visa tuberculosis finding sits inside the health criterion, which is one of the public interest criteria in Schedule 4 to the Migration Regulations 1994. The relationship still has to meet every other requirement, which our guide to the partner visa requirements explains, but the TB issue is assessed separately by the Department's medical officers. For de facto couples, the separate 12-month rule and its exceptions still apply in the ordinary way.

How the partner visa health requirement deals with tuberculosis

The health requirement for partner visas is public interest criterion 4007, known as PIC 4007. It applies to the Subclass 820 and Subclass 801 onshore visas and to the Subclass 309 and Subclass 100 offshore visas. Among other things, PIC 4007 requires the applicant to be free from tuberculosis and free from any 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.

That wording is the legal source of every partner visa tuberculosis issue. Two consequences follow from it.

First, active tuberculosis is treated differently from every other condition. The Department's own policy guidance states that active tuberculosis is the only condition that is a risk to public health without exception. A person with active tuberculosis cannot satisfy the health criterion while the disease is active. This is a public health rule, not a cost rule.

Second, the decision on the health criterion is made by a Medical Officer of the Commonwealth, usually called a MOC. The case officer who assesses the relationship does not decide the medical question. The case officer must generally accept the MOC's opinion on whether the applicant meets the health requirement. Our guide to the onshore Subclass 820 visa explains where the health criterion sits among the other criteria. That is why a partner visa tuberculosis matter often involves a long period where the relationship assessment is finished but the visa cannot be granted, because the medical side is still open.

PIC 4007 also contains a health waiver. The waiver allows the Department to grant a visa even though the applicant has a condition that would result in significant cost to the Australian community or prejudice access to health care, if certain conditions are met. The waiver is relevant to many long-term conditions. It does not solve an active partner visa tuberculosis problem, because active TB is a public health issue, and the public health limb of the criterion is not the limb the waiver addresses. We explain this in more detail below.

The same health requirement applies again at the permanent stage, because the Subclass 801 and Subclass 100 also require PIC 4007. In practice, the Department's guidance says that an applicant who received a permanent health clearance at the temporary or provisional stage is not ordinarily asked to repeat the medical for the permanent visa, unless there is reason to believe a condition was not disclosed, the applicant's health has changed, or the earlier visa ceased some time before the permanent assessment began. Our article on Subclass 820 vs Subclass 801 explains the two stages.

TB screening in the partner visa medical

Every partner visa applicant must complete the health examinations the Department asks for. The examinations are carried out by a panel physician and, where needed, a panel radiologist approved by the Department. Results are sent electronically through the Department's eMedical system. A partner visa tuberculosis issue is almost always first identified during this process.

Chest x-ray for applicants aged 11 and over

Applicants aged 11 years and over generally have a chest x-ray as part of the partner visa medical. The x-ray is the main screening test for tuberculosis. A radiologist reports on the x-ray, and the panel physician considers the report together with the medical history and examination.

A normal chest x-ray with no relevant history usually means there is no partner visa tuberculosis issue at all, and the health assessment can be finalised. Many applicants are cleared automatically through the system. Couples who have not yet lodged should read our partner visa lawyers guide on planning the application before the medical is arranged.

An abnormal chest x-ray does not mean the applicant has tuberculosis. Many x-ray changes are caused by old scarring, previous infections that have healed, or other conditions. However, an abnormal x-ray means the panel physician cannot clear the applicant straight away, and further tests are needed. That is the point at which most couples first learn that there is a partner visa tuberculosis question to resolve.

Younger children included in the application

Children aged 10 and under do not generally have a chest x-ray unless the panel physician refers them for one. Depending on the child's history and risk factors, the panel physician may arrange a different TB test or refer the child for further assessment. Where a child included in the application has a partner visa tuberculosis finding, the same principles apply: active disease must be treated and cleared before the child can be granted the visa.

Pregnant applicants

The Department's instructions to panel doctors allow the chest x-ray of a pregnant applicant to be deferred until after the birth, under procedures the Department sets. A deferral is not an exemption. The x-ray will still be required, and the health assessment cannot be finalised until the TB screening is complete. A pregnant applicant who is asked to sign a separate pregnancy health undertaking should read it carefully and keep a copy. Couples in this position should tell their lawyer early, because a partner visa tuberculosis screening that is deferred will affect when the visa can be granted. Our guide to booking an immigration lawyer consultation explains what to bring to that first discussion.

Disclosing history at the medical

The panel physician will ask about past tuberculosis, previous treatment, close contact with someone who had active TB, and earlier abnormal chest x-rays. The answers must be accurate. A previous TB diagnosis that was treated many years ago is often not a barrier to the visa, but failing to mention it can create a far larger partner visa tuberculosis problem later, when old records or x-ray scarring reveal the history.

Active TB versus inactive TB: why the difference matters

The difference between active and inactive tuberculosis is the single most important fact in any partner visa tuberculosis case. The two conditions are treated in completely different ways.

Active tuberculosis

Active tuberculosis means the disease is present and can cause illness, and in the lungs it may be infectious to other people. Under the health criterion, an applicant with active tuberculosis cannot be granted the visa. The Department's instructions to panel doctors state that a person found to have active TB will not be permitted entry to Australia until they are found to be free of active TB.

For an applicant with active disease in a partner visa tuberculosis case, the path is:

• diagnosis confirmed through further tests, usually including sputum samples;
• a full course of treatment under a doctor or public health clinic;
• evidence that treatment has been completed satisfactorily; and
• an opinion from a Medical Officer of the Commonwealth that the applicant is no longer a threat to public health.

Only then can the health criterion be met and the visa be considered for grant. Treatment for active tuberculosis commonly takes several months. The visa application usually stays open during this period, but the grant cannot happen until the end of it.

Inactive tuberculosis and previous tuberculosis

Inactive tuberculosis means a person has been infected but the disease is not active and is not infectious. Previous tuberculosis means the person had active disease in the past that has since been treated. In both situations, there is a risk that the disease could become active later.

The Department's approach to this risk is usually monitoring, not refusal. An applicant with inactive or past TB, or with a chest x-ray suggesting old disease, may be asked to sign a health undertaking. The purpose of the undertaking, in the words of Form 815, is to ensure that persons at greater risk of developing active tuberculosis receive appropriate follow-up support once in Australia. A partner visa tuberculosis finding of this kind is common and is normally resolved without any effect on the outcome of the application.

What happens when the chest x-ray is abnormal

When the chest x-ray is abnormal, the panel physician refers the applicant for further investigation before any decision is made. A partner visa tuberculosis investigation usually involves the following steps.

• Referral. The applicant is referred for further assessment. Offshore, this is usually through the panel physician's process in that country. Onshore, the applicant may be referred to a state or territory chest clinic or TB service.
• Sputum testing. Where TB is suspected, sputum samples are collected and tested. The Department's instructions require the samples to be collected at the panel clinic, a chest clinic or the TB laboratory that processes them. Culture results can take some weeks.
• Specialist review. A specialist may review the x-ray and test results and form a view about whether the disease is active.
• Medical Officer of the Commonwealth assessment. The MOC considers the results and decides whether the applicant meets the health requirement, needs treatment, or should sign a health undertaking.

During this period, the application is usually on hold for the health criterion. The case officer may continue to assess the relationship, and may send a section 56 request for more information about other matters. Couples should keep building their relationship evidence during the wait, because the four aspects of the relationship are assessed at the time of decision, not at the time of lodgement. Our guide to partner visa evidence explains what to keep, and our article on Form 888 example answers explains how supporting statements from friends and family help.

A partner visa tuberculosis investigation is a medical process, but it has legal consequences. A missed referral, an incomplete sputum test or a result that never reaches the Department can delay the case for months, and in some cases has led to refusal for failing the health criterion simply because the examinations were not finished. The Tribunal decisions discussed later in this guide show how often that happens.

Treatment before grant: how active TB affects a partner visa

Where active tuberculosis is found, the applicant must complete treatment before the partner visa can be granted. This is the central rule in every active partner visa tuberculosis case. The visa is not refused because the applicant has TB. The visa simply cannot be granted while the TB is active.

In practice, a partner visa tuberculosis treatment period involves:

• Starting treatment promptly. Treatment is arranged through a doctor or public TB service in the country where the applicant is living. The sooner treatment starts, the sooner the health criterion can be met.
• Completing the full course. Treatment must be completed as prescribed. Stopping early, or missing doses, can mean the course has to restart and can lead to drug-resistant disease, which takes much longer to treat.
• Keeping records. The applicant should keep the treatment records, test results and the treating doctor's confirmation that the course has been completed. These documents are what the panel physician and the MOC will rely on.
• Repeat examination. After treatment, the applicant usually needs further tests and a further assessment through the panel process so that the MOC can confirm the applicant is free of active TB.

The couple should tell their lawyer when treatment starts and when it ends. A lawyer can then keep the Department informed and make sure the application is not decided while a partner visa tuberculosis treatment period is still running. Where the Department sends a request or a deadline during treatment, the response should explain the position with medical evidence, rather than leaving the request unanswered.

Treatment of active tuberculosis does not change the relationship requirements. The couple must still show that the relationship is genuine and continuing, using one relationship statement and evidence of the financial aspects, the nature of the household, the social aspects and the nature of the commitment. A period of illness can itself be good evidence of commitment, because partners usually support each other through treatment. Messages, visits, money sent for medical costs and help with appointments can all show the relationship at its most real. Our article on preparing evidence of a genuine relationship explains how to present that kind of material.

The health undertaking (Form 815) in a partner visa tuberculosis case

A health undertaking is a signed promise, made on Form 815, to contact the Department's migration health services provider after arriving in Australia and to attend any follow-up that a state or territory health clinic requires. It is the most common outcome of a partner visa tuberculosis finding where the disease is not active.

Who is asked to sign a health undertaking?

The Department's guidance says a health undertaking may be requested where the applicant completed the health examinations outside Australia and has a significant health condition, including a risk of developing active tuberculosis because of prior treatment or an abnormal chest x-ray, or inactive tuberculosis. Form 815 is also used for some other conditions, but this article deals only with tuberculosis. For a child under 16, a parent or guardian signs on the child's behalf.

The visa processing officer tells the applicant if a health undertaking is needed. The applicant does not choose to sign one.

What does the applicant promise?

In signing Form 815 in a partner visa tuberculosis case, the applicant agrees to:

• contact the Department's health undertaking service within a short period after arriving in Australia, as stated on the form and in the Department's guidance;
• attend an appointment with a state or territory health clinic where required;
• complete any further investigation, chest x-ray or course of treatment the clinic requires; and
• tell the clinic about changes of address and international travel during the monitoring period.

What happens if the undertaking is not signed?

The Department's guidance is direct: if the applicant does not sign a health undertaking when asked, the visa will not be granted. In a partner visa tuberculosis matter, an unsigned undertaking is therefore a complete barrier to grant, even where the relationship is beyond doubt.

The Tribunal decisions below show that a missing or unproven undertaking is a real cause of refusal. An undertaking should be signed and returned as soon as it is requested, and a copy should be kept on file.

Does the undertaking put the visa at risk later?

Form 815 states that if the applicant's condition changes, the visa will not be at risk. The purpose of the undertaking is follow-up care and public health protection, not ongoing assessment of the visa. However, the applicant must still keep the promise to contact the health service and to attend the clinic. A health undertaking given in a partner visa tuberculosis case is a commitment that continues after the visa is granted.

Partner visa tuberculosis issues for offshore Subclass 309 and Subclass 100 applicants

An offshore applicant with a partner visa tuberculosis finding is usually dealing with the issue in their home country. The applicant must be outside Australia when the Subclass 309 is granted, and the medical, any treatment and the repeat examination are normally completed through the panel process in the country where the applicant lives.

Several practical points arise for offshore couples.

Travel to Australia during treatment. A person with active tuberculosis will not be permitted entry to Australia until found free of active TB. Some visitor visas also carry condition 8527, which requires the holder to be free from tuberculosis at the time of travel to, and entry into, Australia. An applicant with active TB should not plan a visit to Australia during treatment. Our article on moving from a tourist visa to a partner visa in Australia explains the visitor visa issues more generally.

The health undertaking on arrival. An offshore applicant who signed Form 815 must contact the health undertaking service after first arriving in Australia on the Subclass 309. This is easy to forget in the excitement of arrival. The couple should set a reminder.

Evidence of support during treatment. For offshore couples, the sponsor often supports the applicant financially and emotionally during treatment from Australia. Money transfers for medical costs, regular calls and visits before treatment began are useful evidence of the relationship. Our page on the Subclass 309 partner visa explains the offshore requirements in more detail.

The permanent Subclass 100 stage. Where the applicant was cleared at the Subclass 309 stage, the Department does not ordinarily repeat the medical for the Subclass 100, unless one of the exceptions in its guidance applies. A partner visa tuberculosis issue that was properly resolved at the first stage normally does not return at the second.

Partner visa tuberculosis issues for onshore Subclass 820 and Subclass 801 applicants

An onshore applicant with a partner visa tuberculosis finding is already in Australia, so the issue is dealt with through Australian health services. Where TB is suspected after the onshore medical, the applicant is usually referred to a state or territory chest clinic or TB service for further tests and, if needed, treatment.

Remaining lawful during treatment. An onshore applicant who lodged while holding a substantive visa usually holds a Bridging Visa A while the application is processed. The partner visa tuberculosis investigation does not, of itself, end that bridging visa. The applicant remains lawful while the application is undecided. Our guides to the Bridging Visa A and bridging visas in Australia explain how bridging visas work, and our article on working while waiting for a Subclass 820 visa covers work rights.

Travel while the application is pending. An onshore applicant who wants to travel overseas during processing usually needs a Bridging Visa B. The Bridging Visa B application form asks whether the applicant has had tuberculosis, been in close contact with a family member who has active TB, or had an abnormal chest x-ray. The Department's guidance states that it is unlikely a Bridging Visa B will be granted to an applicant who may have active TB. Our guide to the Bridging Visa B explains the application.

Health undertaking for onshore applicants. The Department's guidance on health undertakings refers to applicants who completed their health examinations outside Australia. An onshore applicant who completed the medical in Australia and has a TB finding is generally managed through referral to the state or territory TB service, and should follow every instruction the panel clinic or the Department gives. Where the Department does ask for a signed undertaking or for evidence of clinic attendance, it should be provided promptly.

Schedule 3 applicants. An onshore applicant who did not hold a substantive visa at lodgement may also face the Schedule 3 criteria. A serious illness, including TB treatment, can be part of the circumstances the Department considers. Our page on Schedule 3 waivers explains how compelling reasons are argued.

Partner visa tuberculosis issues for Subclass 300 Prospective Marriage applicants

A Subclass 300 applicant must also meet the health criteria, so the same partner visa tuberculosis rules apply. Active TB must be treated and cleared before the Prospective Marriage visa can be granted, and a health undertaking may be required where the disease is inactive or was treated in the past.

The timing of a Subclass 300 case can make a TB finding especially stressful, because the couple must marry within the visa period after the applicant arrives. A partner visa tuberculosis treatment period can push back the grant date, which may affect wedding plans. Couples should not book a fixed wedding date in Australia until the health assessment is complete. After the marriage, the Subclass 300 holder applies onshore for the Subclass 820 and Subclass 801.

How a partner visa tuberculosis finding affects timing

A partner visa tuberculosis finding usually lengthens processing, sometimes significantly. The extra time comes from three sources: the further tests, any treatment, and the repeat assessment after treatment.

The Department does not publish a separate processing time for applications with a health issue. The general processing information for partner visas is explained in our articles on Subclass 820 processing times and on how long the onshore 820 partner visa takes. A TB result adds to whatever time the application would otherwise take.

Several practical points affect timing:

• Health examination results have a limited period of validity. If treatment and follow-up take a long time, the Department may ask the applicant to repeat some or all of the health examinations before the visa can be granted.
• Results must actually reach the Department. In a number of Tribunal cases, the health criterion was not met at the Department simply because the examination results or assessments had not been completed or had not reached the case officer.
• Changes must be notified. A new address, a new passport or a change in the household should be notified using Form 1022. A couple who moves during a long partner visa tuberculosis treatment period must make sure the Department can still contact them.
• The relationship continues to be assessed. A long wait gives the couple time to add evidence. A wait without evidence gives the Department a reason to ask questions.

A partner visa tuberculosis delay is frustrating, but it is usually a delay rather than a refusal. The worst outcomes come from couples who stop responding to the Department while waiting for medical results, or who let a request expire because they assume nothing can happen until treatment finishes.

Family members included in the application

Every person included in the partner visa application must meet the health criterion, including dependent children. A partner visa tuberculosis finding in a child included in the application must be resolved in the same way as a finding in the main applicant. If a child has active TB, the child must be treated and cleared before the visa can be granted to that child.

Where a family member in the application has a partner visa tuberculosis issue, the whole family's grant is often delayed until the issue is resolved. Couples should therefore make sure every included family member completes the medical promptly, attends every referral and keeps all treatment records. The broader rules for children and other family members are set out in our partner visa document checklist and our guide to the Subclass 820 partner visa.

Honesty about TB history: declaring past tuberculosis

A past tuberculosis diagnosis must be declared truthfully in the partner visa application, in the medical and in any other visa application the applicant makes. Honest disclosure of a partner visa tuberculosis history is almost always safer than silence, because a treated TB history is a medical matter that can be managed, while a false answer is an integrity matter that can defeat the whole application.

Where TB history is asked about

TB history can be asked about in several places:

• the health questions in the online partner visa application;
• the panel physician's medical history questions during the visa medical;
• the Bridging Visa B application, if the applicant travels during processing; and
• earlier visa applications, such as visitor or student visa applications, which often contain health declarations.

The Department may also ask the applicant to complete a Form 80 personal particulars form, which asks for detailed personal history. The answers across all of these documents should be consistent.

Why inconsistency matters: PIC 4020

PIC 4020 is the integrity criterion. It allows a visa to be refused where the applicant has given information that is false or misleading in a material particular, in the current application or in a visa application made in a period before it. A partner visa tuberculosis history that was denied in an earlier visitor visa application, and then appears in a chest x-ray or medical record, may raise a PIC 4020 question. That question is separate from the health criterion and can be harder to resolve.

Where an earlier application contained a wrong answer about TB, the applicant should get legal advice before lodging the partner visa. The aim is to deal with the inconsistency honestly and in the right order, not to repeat it. Our guide to the S57 natural justice letter for a partner visa explains how the Department puts adverse information to an applicant before refusing.

TB history is not a character issue

Tuberculosis is a health matter. It is not a character matter, and having had TB says nothing about whether the relationship is genuine. The only way a partner visa tuberculosis history becomes more than a health issue is if it is hidden. Couples who feel embarrassed about a TB diagnosis should know that the Department sees TB findings regularly, and treats them through a medical process.

Can a health waiver help with tuberculosis?

No, a health waiver cannot be used to grant a partner visa to a person who still has active tuberculosis. Active TB engages the public health limb of the health criterion, and the waiver in PIC 4007 is directed at the limb dealing with significant cost to the Australian community and prejudice to access to health care. The only answer to active TB is treatment and clearance.

This point is often misunderstood. Many couples read about partner visa health waivers and assume that a waiver submission can solve any medical issue. In a partner visa tuberculosis case, a waiver submission is not the tool for active disease. The applicant's energy should go into completing treatment, collecting records and making sure the MOC has what it needs.

There may be unusual partner visa tuberculosis cases, for example where treatment is very long or complex, in which the MOC also forms a view about the cost of treatment or care. In those cases, the cost question and the public health question must be analysed separately, and legal advice is essential. Whether a waiver is available, and whether it should be argued, is a legal judgement made on the full medical evidence.

What if a partner visa is refused on health grounds?

If a partner visa is refused because the applicant did not meet the health criterion, review may be available at the Administrative Review Tribunal. The deadline to apply for review is short and is strictly applied, so the refusal letter should be read the day it arrives. Our partner visa refusals page and our guide to partner visa appeal options explain the next steps.

At the Tribunal, the review is conducted afresh, and the Tribunal considers the evidence available at the time of its decision. In a partner visa tuberculosis matter, that means a health assessment that was incomplete at the Department may be completed during the review. Our article on what to expect at an ART review explains the process.

What the Tribunal decisions show

Published Tribunal decisions include many partner visa matters where the health criterion was the issue and the matter was sent back to the Department for reconsideration, or the criterion was found to be met. Several are relevant to partner visa tuberculosis issues and to incomplete health assessments generally. These cases are described only by the issues reported in them.

• May (Migration) [2020] AATA 5416, a Subclass 309 matter. The reported issues were the health criteria, Medical Officer of the Commonwealth examinations, and a signed undertaking to present to a State health authority for follow-up medical assessment. The case illustrates how a health undertaking can be central to whether the health criterion is met.
• Nguyen (Migration) [2022] AATA 432, a Subclass 309 matter. The reported issues were the health criteria, a further opinion of a Medical Officer of the Commonwealth provided to the Tribunal, and no evidence of a signed undertaking. The case shows why the undertaking must be signed, returned and kept on file.
• 1923768 (Migration) [2020] AATA 3910, a Subclass 309 matter. The reported issues were a failure to meet the health criteria and PIC 4007 at the Department, a further MOC opinion, and a finding that the applicant satisfied the health criteria.
• Rous (Migration) [2020] AATA 1877 and Freeland (Migration) [2024] AATA 1083, both Subclass 820 matters. The reported issues were the health criterion and documentation or evidence of the required examination being provided to the Tribunal.
• Chase (Migration) [2023] AATA 410, a Subclass 820 matter, where a cleared health examination was provided upon review.

None of these decisions is said to be about tuberculosis specifically, apart from what is reported in the issue lines. Their value is in the pattern. A large number of health criterion refusals are not about the condition itself. They are about examinations, MOC opinions or undertakings that were never completed or never reached the decision maker. A partner visa tuberculosis matter is especially exposed to that risk, because it involves more steps than an ordinary medical.

Where review is not appropriate, or where the facts have changed, a fresh application may need to be considered. Our article on applying for a partner visa after a visa refusal explains the restrictions that can apply to applicants in Australia. Our visa refusals page and judicial review page explain the wider options, and a visa appeal lawyer can assess whether the health criterion was applied correctly.

Common mistakes in a partner visa tuberculosis case

Most problems in a partner visa tuberculosis case come from process mistakes, not from the disease. The same mistakes appear again and again.

Treating the medical as a formality. Some couples book the medical late, ignore a referral letter or assume that the panel clinic will tell the Department everything. The applicant is responsible for completing the examinations. If a referral is not followed, the health assessment stays open and the case officer may eventually decide the application on the basis that the health criterion is not met.

Not answering requests during treatment. A request from the Department does not stop because the applicant is unwell. Every request should be answered by its deadline, even if the answer is that treatment is still under way, with a doctor's letter and an expected completion date.

Losing the undertaking. A signed Form 815 that was never uploaded, or uploaded to the wrong place in ImmiAccount, can lead to refusal. Couples should check that the undertaking appears in the application. Our guide on how to create an ImmiAccount explains the online account.

Letting the relationship evidence go stale. A long partner visa tuberculosis delay can mean the case officer assesses the relationship a year or more after lodgement. Evidence of the four aspects should be updated during the wait, including fresh Form 888 statements where the original ones are old. For onshore couples, our 820 partner visa evidence checklist sets out what the Department usually expects.

Giving inconsistent answers about TB history. As explained above, an inconsistent TB history is an integrity risk. Our articles on why partner visas get refused and why Subclass 820 partner visas are refused set out how integrity issues lead to refusal.

Assuming that a waiver will fix it. A waiver does not cure active TB. Time spent drafting a waiver argument for active disease is time taken away from the treatment and records that actually resolve a partner visa tuberculosis issue.

Handling a complex case without advice. Many couples manage a straightforward application themselves. A partner visa tuberculosis finding, particularly one combined with a Schedule 3 issue, an earlier refusal or an inconsistent history, is a different matter. Our articles on partner visa lawyer vs doing it yourself and on partner visa lawyer services in Australia explain what legal help involves.

Practical steps after a partner visa tuberculosis result

A couple who receive a partner visa tuberculosis result should take the following steps.

• Do not panic and do not withdraw. A TB result is not a refusal. Withdrawing the application is almost never the right response.
• Find out whether the TB is active or inactive. Ask the panel physician or treating doctor exactly what the results show and what the next step is.
• Attend every referral and test. Complete sputum tests, specialist reviews and any repeat x-rays as soon as they are arranged.
• Start and finish treatment if it is required. Keep every record and obtain a completion letter from the treating doctor.
• Sign and return any health undertaking promptly. Keep a copy, and set a reminder to contact the health undertaking service after arriving in Australia.
• Keep the Department informed. Respond to every request on time, notify changes of circumstances, and ask for more time with evidence if treatment is still running.
• Keep building the relationship evidence. Support during illness is strong evidence of commitment. Keep messages, transfers and records of visits.
• Get advice early. Advice before a deadline is far more useful than advice after a refusal.

Couples who lodged the application themselves and now face a partner visa tuberculosis finding can still appoint a lawyer to the existing application using Form 956. 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. Where a deadline is close, our guide to urgent immigration lawyer advice explains what to prepare.

Partner visa tuberculosis advice anywhere in Australia

My Migration Lawyers advises couples across Australia and overseas by video, so the location of the couple does not limit the advice available. Clients often reach 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. Where a matter involves more than the partner visa, our pages for immigration lawyers in Sydney, immigration lawyers in Melbourne and immigration lawyers in Brisbane explain our wider services, and clients in Western Australia, South Australia and the Australian Capital Territory can also read about immigration lawyers in Perth, immigration lawyers in Adelaide and immigration lawyers in Canberra. Couples comparing firms may find our guide to choosing the best partner visa lawyer in Australia useful, together with our guides to the best partner visa lawyer in Sydney and the best partner visa lawyer in Melbourne, and our article on when you need an immigration lawyer for a partner visa explains what legal help covers. The same partner visa tuberculosis rules apply wherever the couple lives, because the health criterion is set by Commonwealth law.

How My Migration Lawyers helps with a partner visa tuberculosis matter

My Migration Lawyers acts in many partner visa matters where the health criterion is in issue, including complex cases where a partner visa tuberculosis finding has paused the application, where a health undertaking is required, or where the Department has refused because the health assessment was not completed. The firm is capable of handling these matters with care, because a TB result is both a medical process and a legal one, and both sides need to be managed together.

In a partner visa tuberculosis matter, My Migration Lawyers:

• reviews the medical results and the Department's correspondence to identify exactly what stage the health assessment has reached and what is still outstanding;
• explains to the couple, in plain language, whether the issue is active disease that must be treated or an inactive finding that is likely to lead to a health undertaking;
• keeps the Department informed during treatment, responds to requests with medical evidence, and seeks more time where the evidence supports it, so that the application is not decided before the health assessment is complete;
• checks that every health undertaking has been signed, returned and recorded, and reminds the client of the obligation to contact the health service after arrival;
• compares the TB history in the current application with every earlier visa application, so that any inconsistency is identified and dealt with honestly before it becomes a PIC 4020 issue;
• continues to build the relationship evidence during the wait, including evidence of the support the partners gave each other through treatment; and
• where a refusal has already occurred and review is still available, prepares the Tribunal application and submissions, and assembles the completed health evidence for the Tribunal.

The relationship statement is always the client's own account. My Migration Lawyers reviews it with the client, the client corrects it, and the firm presents it in the form the law requires. The lawyer decides how the legal argument is put.

The firm is led by Weiwei Zhang, Principal Lawyer. You can read more about My Migration Lawyers and our partner visa lawyers service. If you have received a partner visa tuberculosis result, or you have a TB history and have not yet applied, book a consultation so the health issue can be planned for before it causes delay, or call 1300 040 300.