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I have applied for a partner visa and I have just been told I have failed the medical examination. What happens now?

I have applied for a partner visa and I have just been told I have failed the medical examination. What happens now?

In our experience you  have failed the health requirement because the treatment you require causes “undue cost” to the Australian government or the treatment you need will “prejudice access” to similar care for an Australian citizen or Australian permanent resident.

Fortunately, Australian Partner Visas contain a provision for a “Health Waiver”. This allows the health requirement to be waived (i.e. overlooked) if you can show “compelling and compassionate” circumstances exist, which affect an Australian citizen or Australian permanent resident to such an extent that the health requirement for the visa should be waived.

You should have  received a form from the Department of Home Affairs (DHA) requesting details of how you intend to mitigate or reduce the costs of your medical  care  and evidence to support your claims. We strongly suggest that you also provide a written submission to the DHA with additional information explaining:

  • why you believe your condition will not cause undue cost  to Australia,
  • why the treatment for your condition will not prevent an Australian Citizen or Australian Permanent Resident’s access to care for the same condition.
  • if there is undue cost and/or prejudice of care, why you believe these factors should be overlooked.
  • the ramifications for your partner (and children if you have any) if you are forced to leave Australia.
  • your engagement with your community, any charitable or community service activities you participate in.
  • any other matter you consider relevant.

If you require assistance with your response/submission and specific migration advice tailored to your medical condition, we suggest you book yourself a consultation with our Principal Lawyer, Maggie Taaffe (who is also a former Nurse Practitioner and Nursing Academic, with extensive experience drafting health waiver submissions).

Call us on +61 3 9573 5200 to book  or book online  by clicking the button below
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