Australian Visa Health Waiver: PIC 4007 Evidence and Strategy

An Australian visa health waiver can become relevant where a visa applicant does not meet the health requirement and the visa subclass permits a waiver. It is important to separate two stages: the medical assessment of anticipated cost or service use, and the later discretionary decision about whether the health requirement should nevertheless be waived.

What is PIC 4007?

PIC 4007 is one of the public interest criteria used in Australian visa decision-making. It contains health requirements and, for visa subclasses that apply the waiver-capable version, allows the decision-maker to consider whether the estimated cost or prejudice to access to services should be waived.

Not every visa has a health waiver. The first task is therefore to identify which health criterion applies to the particular subclass.

The Medical Officer of the Commonwealth assessment

A Medical Officer of the Commonwealth assesses whether the applicant meets the prescribed health requirement. Home Affairs currently explains that the Significant Cost Threshold is used in assessing anticipated health and community service costs, and that the current threshold is $86,000.

The MOC generally assesses the likely condition and anticipated use of relevant services. The MOC does not decide whether a discretionary health waiver should be exercised.

Exceeding the threshold is not the end of every case

If the visa subclass permits a waiver, the next question is whether the decision-maker should exercise it. This is why a response should not focus only on disputing the medical cost figure. In some cases, the more important task is to present the applicant’s broader circumstances clearly and persuasively.

Evidence that may be relevant to a health waiver

The weight of different factors depends on the visa and circumstances. A carefully prepared submission may address:

• the applicant’s relationship to Australian citizens or permanent residents;
• the impact on an Australian family if the visa is refused;
• the applicant’s employment, skills and economic contribution;
• private health arrangements where legally relevant;
• the practical availability and likely use of services;
• the applicant’s support network;
• compassionate circumstances;
• the interests of children affected by the decision; and
• any factual or medical issue in the MOC assessment that requires clarification.

Can a promise to pay all medical costs solve the issue?

Not necessarily. The health criterion is a statutory test, and a private undertaking does not automatically remove anticipated costs or service-use considerations. Evidence about private arrangements may still be relevant to the broader waiver assessment in an appropriate case, but it should not be treated as a guaranteed solution.

Review the medical evidence carefully

If the estimated cost appears to rely on an incorrect diagnosis, prognosis, treatment assumption or service requirement, obtain appropriate specialist evidence. Medical evidence should answer the issue identified rather than simply state that the applicant is “healthy” or “stable”.

Family members can matter

Health requirements can sometimes affect a visa application even where the person with the medical condition is not the principal applicant. The application structure and the health criteria applying to each member of the family unit should be checked.

Responding to a health-related request

Do not wait until the final day to obtain specialist reports. A useful file can include the MOC material, treating specialist reports, care arrangements, evidence of family impact and a structured legal submission addressing the waiver criteria.

Our broader guide to visa health and character requirements provides context on other public interest criteria that may also apply.

What if the visa is refused?

If a health waiver is refused, review rights depend on the visa and circumstances. Read the refusal notification immediately and preserve the medical and waiver evidence used by the Department.

If you have received a health-related request or adverse MOC assessment, contact Emigrate Lawyers for advice about whether a health waiver is available and how the evidence should be structured.

Related guide: visa options after age 45 explains how health issues and age can sit within a broader pathway assessment.

Official resource: Home Affairs health requirement guidance.

This article is general information only and does not constitute medical or legal advice.

About the author

Madhab Kharel

Principal Lawyer & Director, Emigrate Lawyers

Madhab Kharel is the Principal Lawyer and Director of Emigrate Lawyers, an Australian law firm assisting clients across Australia and internationally. His migration law practice includes Partner Visas, Protection Visas, visa refusals and cancellations, Administrative Review Tribunal matters, health and character issues, Schedule 3, Section 48, sponsorship limitations and employer-sponsored migration. He regularly advises clients with complex immigration histories and matters requiring detailed legal submissions and evidence strategy.

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