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Case Study: Health Waiver for Partner Visa – Process and Checklist


Case Study: Health Waiver for Partner Visa – Application Process and Checklist 2024

Partner Visa Australia allows you to live permanently in the country with your spouses or de facto partners. However, you must meet specific requirements, one of which is a health requirement. The health requirement is crucial, and couples often struggle to meet it. 

We have provided a comprehensive case study on the Health Waiver for the Partner Visa in Australia to help you better understand the issue.

In this case study, we aim to enlighten you about Australia’s Health Waiver Partner Visa process, a crucial pathway when the primary applicant for the Partner Visa needs to meet the Australian health prerequisites. The health waiver is not just an option but a potential avenue for your partner to secure the visa they seek, making it a significant part of your Partner Visa application journey.

Understanding Health Requirements for Partner Visa in Australia

Before lodging an Australian Partner Visa application, ensure you completely understand the health requirements. Meeting the health requirements for Partner Visa application, meaning you must be free from any illness that will likely to:

  • cost enormous healthcare and community service costs to the Australian population.
  • increase demand for community and healthcare services, restricting their availability to Australian citizens and permanent residents. This is referred to as biased access.

Thus, it is very crucial to meet the health requirements.

The following health conditions are considered to be a risk to the Australian community:

  • Measles outbreak
  • Tuberculosis
  • HIV and Hepatitis
  • Yellow Fever
  • Polio
  • Ebola Virus Disease (EVD)

Suppose you have one of these health condition. In that case, the Department of Home Affairs will not directly refuse your Partner Visa application. Instead, they will give you a chance to explain your health condition and provide additional documents showing your capacity and commitment to cure it. This process is called a health waiver.

Below, you can find details about how Health waivers in Australia work or read about the journeys of our clients with their health waivers for Partner Visa applications in Australia.

All names, cases, and history were hidden to maintain our client’s confidentiality.

Health Waiver Journey of Lisa’s – Temporary & Permanent Partner Visa Application

James and Lisa have been partners since she graduated. She works in Australia as a certified engineer for a Thai company.

After two years of her status as a temporary visa holder, they are looking for application progress to get Lisa a permanent residency through a partner visa application.

Lisa is aware of her health condition. She was diagnosed with HIV and is on regular medication. Lisa is aware that this health condition does not meet the health requirements in Australia.

While considering the worst scenario, James and Lisa chose to go through the Partner Visa application process carefully, and we have described their journey below.

Prepare and Take Professional Advice for the Partner Visa Application

At this juncture, they sought expert guidance. They enlisted the services of a migration agent to assist them in their Partner Visa application. Their chosen registered migration agent is Indah Melindasari.

With her expertise, Indah played a pivotal role in guiding James and Lisa through the intricacies of the visa process. She helped them understand the significance of health conditions in meeting the prerequisites for permanent residency via the Partner Visa route in Australia. Indah also discussed the possibility of pursuing a health waiver for their Partner Visa application, offering them the most optimal solutions for both their temporary and permanent partner visa applications.

Indah also advised that the process might occur during the temporary Partner Visa application stage as the Department of Home Affairs will directly assess your health condition on the temporary Partner Visa application.

Although the journey was potentially longer than smoother applications without health-related concerns, James and Lisa were not deterred. Ever eager to lend her expertise, Indah not only assisted but also thoughtfully furnished our clients with a comprehensive checklist of necessary documents and supporting evidence. This invaluable aid has significantly facilitated their document collection process.

If you’re in the same boat, feel free to contact us to secure a consultation session with our registered migration agent. 

Gather important documents required, included with Partner Visa Checklist

Gather important documents required, included with Partner Visa Checklist

Based on Indah’s advice, James and Lisa are required to give the government this evidence such as:

  1. Demonstrate that they are in a genuine and continuing de facto relationship,
  2. Proof of registered relationship with Australian authority,
  3. Evidence that they have lived together as a couple for the last 12 months and,
  4. Bills evidence of paying taxes to the government

Furthermore, in addition to the assistance above, Lisa and James were tasked with providing essential documents for Australia’s health waiver partner visa requirements. These documents encompassed:

  1. Medical statements from Lisa’s healthcare professionals and supported by associated medical bills.
  2. Statements from James and Lisa’s workplace supervisors affirm that Lisa’s HIV did not pose any significant challenges in her domestic or professional life.
  3. Confirmation of Lisa’s property ownership in Australia, duly certified as occupied and sponsored by her partner, James.
  4. Compelling evidence illustrating Lisa’s active and embraced participation within their local community.

Learn more: Document Checklist For Australian Spouse Visa 2024

Outcoming Phase – Health Waiver Approved

Furthermore, they diligently presented comprehensive documentation, consistently reaffirming their commitment by regularly providing evidence of their relationship, including details of Lisa’s treatment plans and corresponding payments. In addition, James demonstrated his financial responsibility as a sponsor to the Australian government, underlining his dedication to their cause.

After a rigorous and thorough process, Lisa’s health waiver for the partner visa in Australia was granted, marking a significant milestone in their journey as a couple in the country. This achievement, which seemed daunting at first, is a testament to the possibilities that exist even in the face of health-related challenges. James expresses his profound gratitude for the invaluable assistance rendered by our esteemed migration agent, Indah Melindasari.

In her capacity as their registered migration agent, Indah provided invaluable guidance and ensured the meticulous completion of each step in this intricate process.

There are things to consider for a Health Waiver

Drawing from the insights garnered in this case study, it becomes evident that certain critical aspects warrant careful consideration when applying for a Health Waiver in the context of a Partner Visa application for Australia. These aspects are essential for the Department of Home Affairs (DHA) to take into account when contemplating the health waiver requirements:

  1. Genuine Commitment: A paramount element is demonstrating a genuine and unwavering commitment between you and your partner. This commitment underscores the strength and significance of the relationship, which can be instrumental in persuading the authorities.
  2. Financial Stability: Establishing financial stability within Australia is crucial. Demonstrating your capacity to support yourself and your partner, particularly regarding ongoing medical treatment, reinforces your eligibility for a health waiver.
  3. Financial Capacity for Treatment: Proving your financial capability to sustain necessary medical treatment in Australia is equally important. This factor underscores your commitment to managing and maintaining your health.
  4. Supportive Testimonials: Official statements from your sponsor and co-workers serve as valuable endorsements to showcase that the primary applicant’s health is not a burden at home or within the workplace. These statements can help alleviate concerns regarding the impact of the health condition on domestic and professional spheres.

Incorporating these considerations into your application demonstrates a comprehensive and thoughtful approach to addressing health waiver requirements for a Partner Visa in Australia.

When you apply for a partner visa in Australia and you have medical conditions, for example, HIV, and are seeking a Health Waiver in your application, several aspects can be elaborated upon to strengthen your case:

  • Medical Documentation: Provide comprehensive medical reports and documentation from healthcare professionals outlining the applicant’s current health status, treatment plan, and prognosis. This should include information about the applicant’s viral load, CD4 count, and response to treatment.
  • Treatment Compliance: Emphasize the applicant’s strict adherence to antiretroviral therapy (ART) and commitment to maintaining their health. Include evidence of regular medical check-ups and medication compliance, such as pharmacy receipts or appointment records.
  • Undetectable Viral Load: Highlight if the applicant has achieved an undetectable viral load, significantly reducing the transmission risk. This can be substantiated through medical records and expert opinions from healthcare providers.
  • Safe Sex Education: Demonstrate the applicant’s awareness of safe sex practices and their commitment to preventing the transmission of HIV to their partner. Include certificates or documentation from HIV counselling or prevention programs.
  • Supporting Letters: Include supportive letters from healthcare professionals, counsellors, and support groups attesting to the applicant’s responsible approach to managing their HIV and their low risk of transmitting the virus.
  • Partner’s Consent: If the partner is aware of the applicant’s HIV status and is supportive of the relationship, provide a statement or letter from the partner expressing their understanding and consent.
  • Community Involvement: Highlight the applicant’s involvement in HIV awareness and advocacy efforts, showcasing their commitment to the broader community’s well-being.
  • Health Insurance: Include evidence of comprehensive health insurance coverage that covers the costs associated with HIV treatment and care.
  • Legal Requirements: Ensure the application complies with all legal requirements and regulations regarding HIV disclosure and non-discrimination.
  • Legal Assistance: Seek guidance from a qualified migration agent or lawyer experienced in handling health waiver cases to ensure all legal requirements are met and to present a compelling case for the health waiver.

Can ONEderland Consulting Assist Me with a Health Waiver?

Each case is unique, and it’s crucial to work closely with immigration experts who can tailor the application to the applicant’s specific circumstances and provide the best chance of success in obtaining a health waiver for a partner visa.

If you find yourself in a similar situation and are presently in the process of applying, we warmly invite you to contact our distinguished registered migration agent, Indah Melindasari.

Our consultation session is backed with a 100% refund guarantee if you’re not satisfied with our service. We have a 98% success rate and are experts in complex cases. Call us or click below:

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We are here to help you

The experienced visa specialists at ONEderland Consulting are here to provide unwavering support and offer comprehensive guidance whenever you require assistance or decide to pursue a Health Waiver Visa for Australia. Your unique circumstances will be handled with the utmost care and professionalism.

We have a 98% success rate and are one of Australia’s most highly recommended migration agents. Read our 4.9* score customer reviews.

We are complex visa specialists. As registered Australian migration agents with the Migration Agents Registration Authority (MARA), we are regulated in our professional practice and bound by the profession’s Code of Conduct issued by the MARA.

Take the first step and get in touch with us. Our team members are professional and honest and speak various languages, such as Mandarin/ Chinese, Bahasa Indonesia, Arabic, Japanese, and Thai. Contact us through email at [email protected] or via phone at 1300 827 159. Alternatively, you may book your consultation online, and it is backed by our 100% Money Back Guarantee Program.

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