Health Requirements in Australian Visa Applications
Australian visa applicants must generally satisfy a health criterion as part of the visa requirements. The health criterion exists to protect public health and to ensure that the health-related costs and demands on Australian services are managed appropriately. The assessment is conducted by health officers approved by the Department of Home Affairs, whose opinion is provided to a Medical Officer of the Commonwealth (MOC).
There are two main health criteria in the Migration Regulations 1994: PIC 4005 and PIC 4007. The key difference is that PIC 4007 includes a waiver discretion — the decision-maker can waive the health requirement in defined circumstances — while PIC 4005 does not. Identifying which criterion applies to your visa class is the first step.
PIC 4005 vs PIC 4007 — The Critical Difference
The PIC 4007 Waiver Test — Undue Cost and Undue Prejudice
The PIC 4007 waiver allows the decision-maker to grant the visa even where the health criterion is not met, if satisfied that granting the visa would not result in undue cost or undue prejudice. "Undue" means disproportionate in the circumstances — not simply that there is some cost or prejudice, but that it rises to a level that is unreasonable given all the relevant factors.
The decision-maker weighs the likely health and community services costs related to the applicant's condition against the likely economic and social benefits the applicant would bring. A highly skilled applicant with significant earning potential, family support to fund treatment, and a condition that does not require intensive public resources may well not represent undue cost. The assessment is forward-looking and considers the expected period of residence.
This limb is concerned with whether the applicant's health needs would compete with and crowd out access to scarce health or community services for other Australian residents. It is most relevant where the applicant's condition would require access to services that are genuinely limited in supply. In many health waiver cases, the cost limb is the primary focus.
The regulations direct the decision-maker to consider specific factors including: the costs that would be incurred; the extent to which the community would benefit from the grant; the applicant's likely economic contribution; the degree of family support available; and the impact on the Australian sponsor or family member. These factors create the structure for a well-organised waiver submission.
Process and Timeframes After a Health Issue Is Raised
When the Department identifies a health concern in a visa application, the following stages typically follow. Timeframes are indicative and vary significantly by case complexity.
The Department refers the applicant (or family member) for a medical examination by an approved panel doctor. The panel doctor's report is provided to the MOC.
The MOC reviews the panel doctor's report and forms an opinion on whether the applicant satisfies the health criterion. This opinion is provided to the case officer.
For visa classes where the health criterion is PIC 4007, the Department sends a notice (sometimes called a "health limitation notice" or "natural justice letter") inviting the applicant to respond before a decision is made. The response period is limited — typically 28 days — and is critical. This is the opportunity to present the waiver submission.
The applicant prepares and lodges a response addressing the waiver factors — economic contribution, family support, private treatment funding, and other relevant circumstances. The submission should be comprehensive and supported by evidence.
The decision-maker considers the MOC opinion and the waiver submission and decides whether to grant or refuse the visa. If the visa is refused, the refusal letter will state the reasons and the review rights available.
Evidence That Helps a PIC 4007 Waiver Submission
Health Waiver Questions Answered
This information is general in nature and does not constitute immigration assistance or legal advice for any individual situation. Requirements including occupation lists, fees and processing criteria change without notice.
Nanak Migration Group Pty Ltd makes no representation that information on this site is complete, current or applicable to your circumstances. Nothing here guarantees, implies or represents any visa outcome, approval likelihood or processing time.
Obtain advice tailored to your situation from a registered migration agent or Australian legal practitioner. Navpreet Aulakh, MARN 2619467, is registered with the Office of the Migration Agents Registration Authority.
Information current as at August 2026. Verify all requirements with the Department of Home Affairs (immi.homeaffairs.gov.au) before lodging any application.