ENS VisasHealthTSS

Navigating the health requirements for your Australian visa application

By March 7, 2019 March 26th, 2019 No Comments

Applicants and members of the family unit who apply for a visa may need to undertake health examinations to prove that they meet the health requirement. In some cases, non-applying family members may also need to undertake health examinations.

Who needs to undertake the health examinations?

Usually, it is the visa applicant and members of their family unit who are applying for visas that may require medical examinations.

However, note that that in some circumstances, family members who are not coming to Australia with you might also need to have health examinations (e.g. in an application for a Subclass 186 (Employer Nomination Scheme) visa, each member of the family unit of the applicant who is not an applicant for the visa must still satisfy the health criteria, unless “it would be unreasonable” to do so).

Who is a “member of the family unit”?

Generally speaking, members of the family unit of an applicant include:

  • spouses and de facto partners;
  • a child or step‑child who:
    • has not turned 18; or
    • has turned 18, but has not turned 23, and is dependent; or
    • has turned 23 and is wholly or substantially reliant on the other person for financial support because the first person is incapacitated for work due to the total or partial loss of the first person’s bodily or mental functions.

However, be careful to note that the definition of members of a family unit differ between the various visa categories so you should seek specific advice to determine the implications for you.

Ok then, so what are the health requirements for non-protection, refugee and humanitarian entrants?

The health examinations needed for a non-protection, refugee and humanitarian visa application depend on several factors, including:

  1. what visa is being applying for (for example, temporary or permanent);
  2. the duration of the stay in Australia;
  3. the level of tuberculosis risk in the country of passport;
  4. whether health is of special significance, based on what the applicant wants to do in Australia;
  5. any special circumstances; and
  6. whether any significant medical conditions were found during the examination or during the visa application process.

The following table sets out a useful summary of the requirements:

Country Risk Level
Temporary stay in Australia of less than 6 months
Temporary stay in Australia of 6 months or more
Permanent and provisional visa applicants
Countries that do not generally require immigration medical examinations (Low Risk)No immigration medical examination required unless special significance applies.No immigration medical examination required unless special significance applies.Medical examination (501)

 

Chest x-ray (502) (if 11 years or older)

 

HIV test (707) (if 15 years or older)

 

Any special significance requirements must also be met.

Countries that do require immigration medical examinations (High Risk)No immigration medical examination required unless special significance appliesMedical examination (501)

 

Chest x-ray (502) (if 11 years or older)

 

Any special significance requirements must also be met

Medical examination (501)

 

Chest x-ray (502) (if 11 years or older)

 

HIV test (707) (if 15 years or older)

 

Any special significance requirements must also be met.

There are differing immigration medical examinations required for protection, refugee and humanitarian visa applicants, but they are not discussed in this article.

It’s also useful to note that there are no health examination requirements for a limited number of visas:

  • Maritime Crew (Subclass 988)
  • Resident Return (Subclass 155)
  • Resident Return (Subclass 157)
  • International Relations (Privileges and Immunities stream applicants only) (Subclass 403)
  • Diplomatic (Subclass 995)
  • Special Category (Subclass 444)
  • Special Purpose visas

What is considered special significance?

Where an applicant for a temporary or permanent visa declares they intend to participate in any of the special significance activities in the below table, additional immigration medical examinations are required:

Intended Activities
Immigration Medical examinations required
If from a higher risk country and likely to enter a health care or hospital environmentMedical examination (501)

 

Chest x-ray (502) (if 11 years or older)

If pregnant and intending to give birth in Australia (either onshore or offshore visa applicant)Hepatitis B test (708)
If 15 years or older and intending to work as (or study to be) a doctor, dentist, nurse or ambulance paramedicMedical examination (501)

 

Chest x-ray (502)

 

HIV test (707)

 

Hepatitis B (708)

 

Hepatitis C test (716)

All children who have been, or are to be, adopted by Australian citizens or permanent residents on an adoption visa (AH-102), Child visa (802) or as a dependent on any permanent visa.HIV test (707)

 

Hepatitis B test (708)

Persons with clinical indicators or history giving rise to a possibility of infection (for example, biological mother positive)HIV test (707)

 

Hepatitis B test (708)

Hepatitis C test (716)

If likely to work (or be a trainee) at an Australian childcare centre (including preschools and crèches)Medical examination (501)

 

chest x-ray (502)

If 75 years or older and applying for a Visitor visa (FA-600)Medical examination (501)

 The Department determines an applicant’s special significance by referring to the health declaration in the visa application form.

Hang on, which countries are considered “low risk” and “high risk” and why?

A countries risk assessment is determined with reference to World Health Organisation reports in relation to tuberculosis. The Department considers the below countries to be low risk (conversely, any country not listed, is considered a high risk):

Albania

American Samoa

Andorra

Antigua and Barbuda

Argentina

Aruba

Australia

Austria

Bahamas

Bahrain

Barbados

Belgium

Belize

Bermuda

Bonaire

Bouvet Island

Bulgaria

Canada

Cayman Islands

Chile

Christmas Island

Cocos (Keeling) Islands

Cook Islands

Costa Rica

Croatia

Cuba

Curacao

Cyprus

Czech Republic

Denmark

Dominica

Egypt

Estonia

Falkland Islands

Faroe Islands

Finland

France

French Polynesia

FYR Macedonia (Former Yugoslav Republic of Macedonia)

Germany

Gibraltar

Greece

Grenada

Guadeloupe

Heard and McDonald Islands

Hungary

Iceland

Iran

Ireland

Israel

Italy

Jamaica

Japan

Jordan

Kosovo

Kuwait

Lebanon

Lichtenstein

Luxembourg

Malta

Mauritius

Mexico

Monaco

Montenegro

Montserrat

Netherlands

Netherlands Antilles

New Caledonia

New Zealand

Niue

Norfolk Island

Norway

Oman

Palestinian Authority

Pitcairn Island

Poland

Portugal

Puerto Rico

Reunion Island

Saint Eustatius & Saba

Saint Helena (Ascension and Tristan da Cunha)

Saint Kitts and Nevis

Saint Lucia

Saint Martin (Dutch)

Samoa

San Marino

Saudi Arabia

Serbia

Seychelles

Slovakia

Slovenia

South Georgia and the South Sandwich Islands

Spain

Svalbard & Jan Mayen

Sweden

Switzerland

Tokelau

Tonga

Trinidad and Tobago

Tunisia

Turkey

Turks and Caicos Islands

United Arab Emirates

United Kingdom (British citizen)

United States of America

Uruguay

Vatican City

Virgin Islands (British)

Virgin Islands (US)

Wallis and Futuna Islands

 

What if a member of the family unit fails the health examinations?

The impacts of a health examination failure depend on the class of visa that you have applied for:

  • Certain visas enforce the “one fail, all fails rule”, which means that a failure of a health examination for any family unit member will lead to the entire visa application being refused.
  • Alternatively, some visas permit the removal of the failed applicant from the visa application, allowing other family members to obtain a visa.
  • Lastly, some visas permit a “health waiver” application where a delegate of the Department is satisfied that the granting of the visa would be unlikely to result in:
    • undue cost to the Australian community or
    • undue prejudice to the access to health care or community services of an Australian citizen or permanent resident.

A health waiver can only be exercised for visa applicants (and any non-migrating family members) for certain visas. This includes:

  • all Class XB Refugee and Humanitarian visas
  • certain skilled, business and other non-humanitarian migration visas
  • the TU-500 (Foreign Affairs or Defence Sector) student visa; and
  • the Temporary Skill Shortage (subclass 482) visa

A health waiver can be a complex process and we strongly suggest you obtain tailored immigration advice before going ahead with such a matter.

Any questions?

If you have any questions about health examinations for you or your family members, or require further information about health waivers, feel free to contact us by email at [email protected] or phone +61 3 9016 0484.

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