Partner Visa Australia Health Waiver: A Case Study of an HIV Survivor
Many Partner Visa applicants fear automatic refusal due to Australia’s strict health requirements, especially when a serious health condition, like HIV, is involved. This is the story of our client, Ruby (not her real name), who was diagnosed with asymptomatic HIV and applied for a Partner Visa with sponsorship from her Australian spouse, Sebastian. Sebastian and Ruby successfully passed the HIV health waiver for their Partner Visa application in 2024.
This is the truth that most people don’t realise: Australian immigration law allows for health waivers, and with the right legal strategy, applicants living with HIV can still successfully obtain a Partner Visa.
In this article, we will share their story along with detailed explanations of how health assessments work, how the health waiver under PIC 4007 applies, and what factors are considered for HIV-related cases.
Health examination for Partner Visa Australia in general
When applying for a Partner Visa, both onshore (subclass 820/801) and offshore (subclass 309/100), you must meet Australia’s health requirements.
As part of the application, you are required to:
- Undergo a health examination for a Partner Visa Australia application with a panel physician
- Complete medical tests relevant to age, background, and risk factors
- Be assessed against Public Interest Criteria (PIC) 4005 or 4007 (details of each PIC are here)
The purpose of this Partner Visa Australia health examination is to ensure that you:
- Do not pose a public health risk
- Will not result in significant cost to the Australian healthcare system
- Will not prejudice access to health or community services for Australians
In relation to the health examination for Partner Visa Australia, the Department of Home Affairs lists the following diseases as “threats to public health”:
- Measles outbreaks
- Tuberculosis (TBC)
- HIV
- Hepatitis B
- Yellow Fever
- Polio
- Ebola Virus Disease (EVD)
Read further about health requirements for Australian Visa here.
HIV test for Australian Partner Visa Application
Regarding the HIV test, the Department of Home Affairs requires you to undergo the test if you are 15 years old or older and you wish to work as a doctor, nurse, dentist, or paramedic in Australia, or if you are applying for a permanent visa.
The Department of Home Affairs also requires you to undergo the HIV test if you are under 15 years old and you seek adoption or another permanent visa, or if you may be HIV positive because:
- You have a history of blood transfusions
- Your biological mother is or was HIV positive
- You show any clinical signs of being HIV positive
Most importantly, HIV is not an automatic ground for refusal for Partner Visa applications.
Health Waiver for Partner Visa Australia
The Public Interest Criteria (PIC) 4007 is a clause in Australian migration law that sets health requirements for visa applicants, specifically allowing for a health waiver if the applicant can’t meet the standard health requirement.
The Department of Home Affairs will assess your health background against PIC 4007 if your health condition might cause “undue cost” or “prejudice” to Australian health or community services.
Under PIC 4007:
- You may still be granted a Partner Visa even if you don’t meet the health requirement
- The decision-maker from Home Affairs has discretion to waive the health requirement if compelling circumstances exist
This guide will help you understand better about the health waiver process.
What to Do & Factors Considered for an HIV Health Waiver Australia
If you are HIV positive, the success of a health waiver depends heavily on how you present your case.
Key Factors Considered by the Department of Home Affairs
When assessing an HIV health waiver, the Department of Home Affairs will consider:
1. Cost to the Australian community
- Estimated lifetime cost of HIV treatment
- Use of Medicare and public health services
- Availability of private health insurance
2. Your current health condition
- Viral load status (e.g. undetectable)
- Compliance with treatment
- Stability of the condition
3. Impact on Australian healthcare resources
- Whether you will disproportionately burden public services
- Whether treatment can be managed through standard care
4. Compelling and compassionate circumstances
- Length and genuineness of the relationship
- Impact on the Australian sponsor if the visa is refused
- Emotional, financial, and family hardship
- Best interests of any children involved
What you should do
When applying for an Australian Partner Visa as an HIV-positive applicant, it is critical to:
- Prepare specialist medical reports confirming stability and treatment compliance
- Obtain independent cost assessments where possible
- Demonstrate strong relationship evidence
- Provide submissions addressing family unity and hardship
- Ensure the waiver request is legally structured, not emotional or generic
You can find the complete checklist here.
Case Study: Sebastian and Ruby’s Story in Getting a Partner Visa Granted with an HIV Health Waiver
Background
Sebastian and Ruby are both from Zimbabwe. However, in 2008, Sebastian moved to Australia on a 457 Visa, while Ruby moved to Canada in 2009. They left Zimbabwe for good.
Sebastian and Ruby have known each other since they were young, as they attended the same school.
Later, they met again in Zimbabwe in 2014. That meeting led to a committed relationship, which began at the beginning of 2016.
Relationship Development
Since then, they have frequently met in Zimbabwe, spending time together as a couple. In 2018, Ruby visited Sebastian for the first time in Australia, marking their committed relationship.
Ruby and Sebastian started to live together in August 2021, after being separated for 10 months due to COVID-19 and work commitments.
In December 2022, Sebastian and Ruby got married in Australia. It wasn’t a big party, only attended by their close friends and family, but the moment would forever be the happiest in their lives.
Australian Partner Visa submission
One year after their marriage, Sebastian and Ruby decided to apply for an onshore Partner Visa (subclass 820/801). They applied with the help of ONEderland Consulting in February 2023.
Sebastian and Ruby were transparent with us from the beginning about Ruby’s condition, as she had been diagnosed with HIV. ONEderland Consulting carefully explained to them that their Partner Visa application might take longer due to this issue.
Sebastian and Ruby fully understood what was ahead and were ready to work closely with ONEderland Consulting, ensuring they could provide all supporting documents for their application.
Challenges
As expected, during the medical assessment, Ruby was found not to meet the health requirement due to her HIV-positive condition. Her condition also projected significant healthcare costs.
Sebastian and Ruby’s journey was not easy. They were faced with:
- An automatic “does not meet the health requirement” assessment
- High estimated lifetime medical costs
- Risk of refusal without a proper waiver submission
Our Strategy
ONEderland Consulting prepared a comprehensive health waiver submission for HIV for Ruby, including:
- Specialist medical evidence confirming:
- Undetectable viral load
- Excellent treatment compliance
- Minimal risk to public health
- Submissions addressing:
- Strong emotional and financial interdependence
- Severe hardship to the Australian sponsor if separated
- Their long and committed relationship
- The importance of family unity
- Clear legal arguments aligned with PIC 4007 requirements
Outcome
Despite the challenges, the Department of Home Affairs Australia accepted the HIV health waiver request and granted the temporary Partner Visa (subclass 820) in just 7 months, in October 2023.
ONEderland Consulting continued assisting them with their permanent Partner Visa (subclass 801), which was lodged in April 2025 and granted 7 months later.
In November 2025, Ruby officially became an Australian permanent resident, marking her right to live in the country with his spouse, Ruby, indefinitely.
Despite failing the standard health requirement, Sebastian was successfully granted the Partner Visa. This case reaffirmed that:
- HIV is not a barrier to Partner Visa approval
- A well-prepared health waiver can overcome medical concerns
- Legal strategy matters more than diagnosis
Living with HIV should never mean giving up on love, family, or migration opportunities. Australian Partner Visa law recognises the importance of family unity and compassion, and health waivers exist for a reason.
Sebastian and Ruby are just one couple among many of our clients who have successfully obtained a Partner Visa despite living with HIV.
If you or your partner are concerned that health issues may affect your Partner Visa application, early and expert advice is crucial.
Get in touch with our Registered Migration Agent today. We are genuinely here to assist you through the process, ensuring your chance to reunite with your family is not jeopardised.
How to contact ONEderland Consulting.
Our visa specialists at ONEderland Consulting will assist you with the HIV health waiver in Australia with no hassle. With a 98% success rate and as one of Australia’s most highly recommended migration agents, you can trust our expertise. Read our 4.9* score customer reviews to see the difference we’ve made for others.
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 contact us. Our team members are honest, accountable and professional. Contact us via email at visa@onederland.com.au, phone at 1300 827 159, or WhatsApp at +61494367258. Alternatively, you can book your consultation online, and it is backed by our 100% Money-Back Guarantee Program, which ensures that if you are not satisfied with our service, you will receive a full refund.
