Partner Visa Health Waiver: PIC 4007, Medical Costs and Refusal Risk

Partner Visa applicants must meet Australia’s health requirement, and the relevant Partner subclasses generally apply Public Interest Criterion 4007. Where a Medical Officer of the Commonwealth assesses that a condition is likely to create significant health or community-service cost, or prejudice access to scarce services, a health waiver may be available in some Partner Visa cases.

The waiver is not automatic and does not waive every part of the health requirement. The legal question is whether the statutory waiver power is available and, if so, whether the decision-maker should exercise it on the evidence.

Does PIC 4007 apply to Partner Visas?

Yes. The Migration Regulations require PIC 4007 for major Partner Visa subclasses, including subclass 820 and subclass 309 applicants.

PIC 4007 addresses tuberculosis, public-health risk, danger to the community, and the likely use of health care or community services.

Current legislation can be checked on the Federal Register of Legislation.

What does the health requirement assess?

Home Affairs states that a Medical Officer of the Commonwealth may assess whether an applicant’s condition is likely to:

create a significant cost to the Australian community in health care or community services; or
prejudice the access of Australian citizens or permanent residents to health care or community services in short supply.

Home Affairs currently states that the Significant Cost Threshold is AUD86,000. That threshold can change, so it should be checked at the time of assessment.

Does having a medical condition mean the Partner Visa will be refused?

No.

Home Affairs expressly states that having a medical condition does not automatically mean an applicant exceeds the significant-cost threshold. The assessment depends on the condition, severity, predicted service use and relevant assessment period.

Some cases are cleared without referral. Others are referred to a Medical Officer of the Commonwealth for an opinion.

What is a PIC 4007 health waiver?

PIC 4007 includes a waiver power for the cost and access component of the health criterion.

Under the current regulation, the Minister may waive the requirement in paragraph 4007(1)(c) where:

the applicant satisfies all other criteria for the visa; and
the Minister is satisfied that granting the visa would be unlikely to result in undue cost to the Australian community or undue prejudice to the access of Australian citizens or permanent residents to relevant health care or community services.

This is commonly referred to as a health waiver.

What cannot be waived under PIC 4007?

The waiver in subclause 4007(2) is directed to paragraph 4007(1)(c).

It does not simply erase the tuberculosis and public-health components of the criterion. Applicants with conditions engaging those separate limbs require a different legal and medical analysis.

What evidence can support a Partner Visa health waiver?

The evidence should be tailored to the Medical Officer’s assessment and the statutory waiver test.

Depending on the case, relevant material may include:

specialist medical reports;
updated prognosis;
current treatment plans;
evidence that estimated services will not in fact be required at the assumed level;
private funding or insurance evidence where legally relevant;
family support arrangements;
care arrangements that reduce reliance on public services;
employment and financial capacity;
the circumstances of the Australian partner;
children and family circumstances;
the effect of refusal on Australian citizens or permanent residents; and
legal submissions addressing undue cost or undue prejudice.

A waiver submission should not be built on sympathy alone. It should engage directly with the assumptions in the health assessment and the statutory test.

Can an applicant challenge the Medical Officer’s cost assumptions?

The health process is technical, and the appropriate response depends on what has actually been assessed.

Where the medical assumptions appear outdated or incomplete, updated specialist evidence may be important. In some matters, further information can clarify prognosis, treatment frequency, likely service use or whether a particular cost assumption remains current.

The visa processing officer does not substitute their own medical opinion for the Medical Officer’s opinion, but the waiver decision can take account of broader circumstances relevant to the statutory waiver.

What happens if the applicant fails the health requirement?

Home Affairs states that if an applicant does not meet the health requirement, the visa cannot be granted unless an available health waiver is exercised or a separate special consideration applies.

The applicant may be invited to provide further information before a final decision. The response period should be treated seriously.

What if a child in the Partner Visa application has a health condition?

Children included in Partner Visa applications may also need to meet the health requirement.

Home Affairs has a separate special-consideration framework for certain children born and ordinarily resident in Australia who do not meet the health requirement. If that framework does not apply, a health waiver may still need to be considered if available for the subclass.

Does the Australian partner’s hardship matter?

It can be relevant to the waiver assessment.

In a Partner Visa context, the effect of refusal on the Australian citizen, permanent resident, or eligible New Zealand citizen partner may form an important part of the overall waiver evidence.

However, hardship does not automatically overcome the health criterion. The decision-maker must still apply the statutory waiver test.

Common mistakes in Partner Visa health waiver matters

Assuming the health waiver is automatic because the sponsor is Australian.
Responding only with compassionate circumstances and not the cost/access analysis.
Failing to obtain updated specialist evidence.
Ignoring the assumptions in the Medical Officer’s opinion.
Relying on private insurance without addressing whether the relevant services are actually covered.
Failing to explain practical family support and care arrangements.
Missing the Department’s response deadline.

Frequently asked questions

Is PIC 4007 used for subclass 820 and 309 Partner Visas?

Yes. The Migration Regulations apply PIC 4007 to those Partner Visa pathways.

What is the current significant-cost threshold?

Home Affairs currently states that the Significant Cost Threshold is AUD86,000. The figure can change and should be checked when the matter is assessed.

Does exceeding the threshold automatically end the application?

Not necessarily. If a health waiver is available for the subclass, the decision-maker may consider whether it should be exercised.

Can tuberculosis be waived under PIC 4007(2)?

The waiver power in subclause 4007(2) is directed to paragraph 4007(1)(c), not the separate tuberculosis/public-health requirements.

How Emigrate Lawyers can assist

Emigrate Lawyers advises on Partner Visa health requirement issues, Medical Officer referrals, health waiver evidence and submissions under PIC 4007.

For general Partner Visa information, visit our Partner Visa Lawyers Australia hub.

A strong health waiver case should connect the medical evidence, actual predicted cost and service use, family circumstances and the statutory waiver test.

This article provides general information only and does not constitute legal advice. Health thresholds and policy can change.

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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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Legal review

Reviewed by Madhab Kharel, Principal Lawyer

Date reviewed: 23 September 2026