Can I Get a Partner Visa With a Health Condition?

Which health conditions can affect a partner visa?

Health conditions that can affect a partner visa are those that a Medical Officer of the Commonwealth considers likely to result in significant cost to the Australian community or to prejudice access to health care or community services for Australians. Conditions that pose a threat to public health, including active tuberculosis, are treated differently and must be resolved. Many common conditions that are well managed raise no issue at all. Every condition must still be declared accurately, because the health examinations and the Medical Officer's review rely on full information. Our article on partner visa health requirements explains the assessment.

What is the partner visa health waiver?

The partner visa health waiver allows the Department to grant the visa even though the applicant does not meet the cost or prejudice part of PIC 4007, where the applicant meets every other criterion and the Department is satisfied that the grant would be unlikely to result in undue cost or undue prejudice to access to services. The Department considers the applicant's circumstances, the Australian sponsor's circumstances and steps taken to reduce costs. Our article on the partner visa health waiver explains how a waiver is assessed.

What evidence supports a health waiver?

Evidence that supports a health waiver includes reports from treating specialists on the condition and prognosis, evidence of private health insurance and the couple's ability to meet costs, and evidence of the family's ties to Australia and the effect a refusal would have. Each document should respond to the Medical Officer's opinion rather than repeat general information. Our article on partner visa health waiver evidence explains what to gather.

What happens if tuberculosis is found?

If tuberculosis is found, the applicant generally must complete treatment and be cleared before the visa can be granted, because the tuberculosis requirement cannot be waived. A past tuberculosis infection, or latent infection, is handled differently from active disease and may need only monitoring. Our article on partner visa tuberculosis explains the process and how it affects timing.

Do family members who are not migrating need health checks?

Family members who are not migrating, such as a dependent child who will stay overseas, may need to meet the health requirement, because the Subclass 309 criteria require non-applicant members of the family unit to satisfy PIC 4007 unless the Department considers it unreasonable. A health issue affecting such a family member can affect the main application. Our article on a partner visa where a child has a disability explains how dependent children's health is assessed.

How does My Migration Lawyers handle partner visas involving health conditions?

My Migration Lawyers reviews the health examination results and the Medical Officer's opinion with the couple, then identifies whether the issue is a waivable cost concern or a public health requirement that must be resolved. Where a waiver is available, the firm builds the submission with specialist evidence and the sponsor's circumstances, and responds to the Department within its deadline. Couples can speak with our partner visa lawyers about the medical findings.