PIC 4005: no waiver
This version applies to most visa types and has no waiver. If the applicant fails, the visa is refused. No discretion. Applies to student, visitor, skilled migration, and many others.
Waiver Available for Partner, Parent & Employer Sponsored
Australia's health requirement is strict, but some visas allow a waiver.
Many elderly parents, applicants with disabilities, and applicants with chronic conditions fail the significant cost test and have their visa refused on health grounds. For some visa categories, a health waiver under PIC 4007 offers a legal pathway around this refusal. Handled by Prateek Maan.
PIC 4005 vs PIC 4007
The difference determines whether a waiver is possible.
Two versions of the health requirement apply across the visa system. Only one has a waiver provision.
PIC 4007: waiver available
This version applies to certain visa categories and includes a waiver. Where the applicant fails the significant cost test but compelling circumstances exist, the decision-maker can waive the health requirement.
Which visas use which
Partner visa, Subclass 143 contributory parent, certain employer sponsored visas, and some other categories use PIC 4007. Student, visitor, skilled migration use PIC 4005.
The significant cost test
When the test is failed, the waiver question arises.
The test assesses whether the applicant's condition would result in significant healthcare or community services costs to the Australian community.
Significant cost threshold
The Department uses a threshold of approximately $86,000 in likely costs over the relevant period. Updated periodically.
How costs are calculated
The Medical Officer of the Commonwealth assesses likely costs based on the specific condition, expected progression, and required treatment. Direct medical costs plus ongoing support services.
When the test is failed
If likely costs exceed the threshold, the test is failed. For PIC 4005 visas, automatic refusal. For PIC 4007 visas, waiver consideration is available.
The waiver test under PIC 4007
Compelling and compassionate circumstances, with evidence.
The waiver can be granted if the decision-maker is satisfied that the likely costs would not be undue or are outweighed by compelling and compassionate circumstances.
Family unityFamily unity and the impact of refusal on Australian family members.
Best interests of minor childrenBest interests of minor children in Australia affected by the decision.
Connection to AustraliaLength and nature of the applicant's connection to Australia. Contributions the applicant will make if granted the visa.
Cost mitigation evidenceEvidence that sponsor or family can contribute to healthcare costs. Private health insurance arrangements. Community support that reduces reliance on public services.
Treatment trajectoryTreatment that is time-limited rather than ongoing. Stable or improving conditions where applicable.
What a strong submission includes
Four evidence bundles.
Health waiver submissions are document-heavy. Each bundle addresses a different part of the test.
Medical evidence
Current specialist reports detailing condition, prognosis, and treatment plan. Evidence of stable or improving condition where applicable. Australian specialist opinions where possible. Medication and treatment cost evidence.
Family impact evidence
Statements from Australian family members about the impact of refusal. Evidence of family support the applicant will provide (grandparent care, household support). Children's statements where appropriate.
Financial capacity evidence
Sponsor financial evidence. Private health insurance quotes and arrangements. Retirement income and savings evidence where applicable.
Legal argument
Structured submission addressing each element of the waiver test. Case law references where applicable. Engagement with the Medical Officer's cost assessment. Handled by Prateek Maan.
Health waivers under PIC 4007 are one of the most underused tools in Australian migration.
Many applicants do not realise a waiver is available and simply accept the refusal. For applicants facing likely health refusals in PIC 4007 visa categories, preparing a proactive waiver submission before or at the time of visa application can prevent refusal entirely rather than needing to appeal one.
Common health waiver questions
The questions we hear most.
For waiver strategy, book with Prateek Maan.
My visa category is PIC 4005. Can I still get a waiver?
No. PIC 4005 has no waiver provision. If the visa category you need uses PIC 4005, the only option is to meet the standard health requirement or apply for a different visa category that uses PIC 4007.
Can a waiver be granted before the visa is refused?
Yes. A waiver submission can be lodged at the time of visa application or during processing. This is often the best strategy because it avoids the need to appeal a refusal.
What conditions typically fail the significant cost test?
Cancer (particularly advanced or requiring ongoing treatment), severe chronic conditions requiring frequent specialist care, intellectual or physical disabilities requiring support services, and certain infectious diseases requiring long-term treatment are the most common.
Can private health insurance solve the health requirement problem?
Private insurance helps reduce Medicare costs but does not necessarily eliminate all costs to Australia. Public services (disability support, community services, public hospital emergency care) are still considered. Insurance is one factor, not a complete answer.
Some information on this page has been sourced from the Department of Home Affairs and has been interpreted and approved by Principal Migration Agent Sourabh Aggarwal (MARN 1462159). Last reviewed: May 2026.