What is a health waiver for an Australian visa?
A health waiver for an Australian visa is the Minister’s power under PIC 4007(2) of the Migration Regulations 1994 to waive the cost-and-access part of the health criterion. Every other criterion must be met, and the grant must not cause undue cost or prejudice access to services in short supply.
Home Affairs’ “Health waivers” page, updated 23 September 2024, describes an invited submission and a case-by-case decision. A “medical waiver” in this context is not an exemption from examinations or the entire health test.
What is the Significant Cost Threshold?
The Significant Cost Threshold is the dollar figure Home Affairs publishes on its “Protecting health care and community services” page: $86,000, on the page updated 24 September 2026.
The threshold and the waiver decision are distinct. Home Affairs’ “Health waivers” page describes the waiver test as whether granting the visa is unlikely to cause significant health care and community service costs or prejudice access to services in short supply. The threshold is not a waiver fee or an automatic entitlement to a waiver.
Which visas allow a health waiver?
Some Australian visas have a health criterion with a waiver and others do not. The Explanatory Statement to the Home Affairs Legislation Amendment (2020 Measures No. 2) Regulations 2020 records that the 858 became waivable on 14 November 2020.
Visas tested under PIC 4007: paragraph (2) of the Migration Regulations 1994 contains the waiver power. The 858 is in this group under reg 858.221.
Visas tested under PIC 4005: this is the non-waivable group. The 2020 Explanatory Statement records that the 858 previously used PIC 4005 and gained its waiver through the move to PIC 4007.
Why the 858 health criterion can be waived (PIC 4007(2), since 14 November 2020)
The 858 health criterion can be waived because reg 858.221 of the Migration Regulations 1994 applies PIC 4007, whose paragraph (2) contains the waiver. The 2020 Explanatory Statement records that the change took effect on 14 November 2020.
Under regs 858.221 and 858.223, the main applicant and each family member applying must meet PIC 4007. Regulation 858.223(6) also requires non-migrating family members to meet the health test unless that requirement is unreasonable.
The waiver therefore sits behind the achievement and other eligibility criteria: PIC 4007(2) requires every other criterion to be met. It does not replace those requirements.
How a health waiver submission works
A health waiver submission works by invitation: Home Affairs’ “Health waivers” page says you do not need to apply, and an officer invites you to comment once the health result is in.
Firstly, complete the examinations. Through Home Affairs’ health-examination process, the health examinations for an 858 applicant are organised using the HAP ID on the referral letter.
Secondly, the result is assessed against PIC 4007 of the Migration Regulations 1994.
Thirdly, respond to the invitation. Home Affairs’ “Health waivers” page describes an officer inviting a submission—not a separate waiver application.
Fourthly, address the waiver test: undue cost and prejudice to access to services in short supply, under PIC 4007(2).
Fifthly, Home Affairs makes the decision case by case, as its “Health waivers” page explains.
Use the officer’s specific request to identify what to address and the response deadline; this page does not prescribe a universal document checklist or response period.
What a health waiver cannot cover
A health waiver cannot cover tuberculosis, threats to public health, or a case where another criterion is not met, under PIC 4007(2) and Home Affairs’ “Health waivers” page.
- Active tuberculosis.
- Public-health threats.
- Anything outside paragraph (1)(c), the cost-and-access part.
- An applicant who fails another criterion.
- A visa whose health criterion contains no waiver power.
How much does a health waiver cost?
There is no separate waiver application to pay for: Home Affairs’ “Health waivers” page says you do not apply; an officer invites a submission. That does not establish that examinations or professional assistance are free.
Who qualifies for a health waiver?
Under PIC 4007(2), an applicant subject to PIC 4007 must meet every other criterion and the undue-cost and access test. Home Affairs excludes active tuberculosis and public-health threats.
Is there a PIC 4007 health waiver form?
No separate waiver application form is required under the process described on Home Affairs’ “Health waivers” page: you respond to the officer’s invitation.
Can my partner’s health result affect my 858?
Yes. Home Affairs’ National Innovation visa page requires family applicants to meet PIC 4007; reg 858.223(6) also covers non-migrating family unless unreasonable.
Was the 858 always waivable?
No. The 2020 Explanatory Statement records the move from PIC 4005 to PIC 4007 on 14 November 2020.
Health waivers and the 858: family members and next steps
Health waivers and the 858 reach the whole family: Home Affairs’ National Innovation visa page requires each family applicant to meet PIC 4007, while reg 858.223(6) covers non-migrating family unless unreasonable.
Home Affairs’ National Innovation visa page says to wait for its request if you did not complete health examinations before applying for the 858 visa.
Check the other National Innovation visa eligibility requirements, because PIC 4007(2) permits a waiver only when every other criterion is met.
Home Affairs’ “Health waivers” page says the decision is made case by case.
If a health result raises a waiver question, ask an Australian migration lawyer to check whether the other criteria are met and prepare a response to the officer’s specific request about cost and access to services.