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Health Waiver
When applying for a partner visa in Australia (such as Subclass 820 or 309), applicants must meet strict health requirements. If a medical condition is identified that may cause significant costs to Australia’s healthcare or community services, your application may trigger Public Interest Criterion (PIC) 4007.
A health waiver may be available in these situations, allowing your visa to be granted despite failing the health requirement—if you can prove that granting the visa is in the public interest.
Being diagnosed with HIV does not automatically prevent you from being granted a partner visa in Australia. However, your case may trigger PIC 4007 due to anticipated health service costs.
To support a health waiver involving HIV:
Provide specialist reports detailing treatment, prognosis, and long-term care plan
Show stable health with effective antiretroviral treatment (ART)
Include evidence of private health insurance covering HIV-related care
Highlight minimal burden on public healthcare
At Jade Immigration Lawyers, we have experience preparing detailed submissions for HIV-related health waivers with compassion and precision.
Success in a health waiver case depends on strong evidence and persuasive legal submissions. Key steps include:
You may need to provide:
PIC 4007 is the public interest criterion under Australian migration law that relates to health. You may fail PIC 4007 if:
We assess your medical results to determine whether a waiver is available and advisable in your case.
Let us guide you through the legal process with care, strategy, and expertise.
Clear, professional advice from an experienced immigration lawyer.
Choose the consultation that suits your needs — all fees are credited toward your full legal costs if you proceed within 28 days:
📞 Call us on 0485 907 989 or book online. We assist clients across Australia and internationally.
Don’t wait until it’s too late — get trusted advice from the start. Speak with an experienced immigration lawyer today.
A health waiver allows you to still be granted a partner visa even if you don’t meet the health requirement due to a medical condition, as long as it’s in the public interest.
Chronic illnesses such as HIV, cancer, mental health conditions, and physical or intellectual disabilities often require health waivers due to potential high healthcare costs.
PIC 4007 is a legal requirement under Australian migration law that an applicant must meet certain health standards. If the applicant’s condition may cause significant cost to the Australian community, PIC 4007 may be considered failed — unless a waiver is granted.
Yes, it is possible. Many applicants with HIV successfully obtain partner visas through a health waiver, particularly if they show stable health, treatment plans, and minimal impact on public healthcare.
A lawyer prepares detailed submissions addressing medical cost thresholds, public interest, and compassionate factors.
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