# Health Waiver



## Lochlan (Jun 24, 2013)

Hi there,

Im writing this post because I'm quite desperate with the situation I'm currently living in Australia.

I've been in this country from almost 3 years and due to my legal situation havent been able to go back home an visit my family. 

My partner and I apply for a partnership visa in october 2011 after a couple o months and I've failed the health requirements. For this reason We had had to waived the decision. 

It has been nearly a year since We applied for the visa waiver and We haven't heard anything back from immigration yet.

Has anyone been through this? And if so how long does a visa waiver takes to be approved and a visa to be granted?

Cheers,


----------



## CollegeGirl (Nov 10, 2012)

Unfortunately this is such a rare thing that it almost never gets discussed here or on other forums. I've actually never talked to someone who went through the waiver process before. If you hadn't already been offered the waiver and applied I would have recommended you enlist the help of George Lombard... he's the best migration agent to handle health-related cases. I have no idea how long these waiver cases take, but if you can afford it, a consultation with him might give you some answers.


----------



## seanau (Oct 16, 2013)

I am just wondering, did you get your visa yet? My partner has been in this same issue for the past more than one year.

Thanks


----------



## CollegeGirl (Nov 10, 2012)

Man... if health waiver applications actually take a year or more that will be horrible if I end up having to go through that process... ugh.


----------



## melindajackson (Oct 16, 2013)

Hi seanau

Health waiver applications are complicated and the processing time is lengthy. 

The length of time for the DIAC to consider your waiver request depends on how and why you failed the health requirements, as per the Medical Officer of the Commonwealth's opinion. 

We need to understand the basis of their refusal. Essentially there are two limbs to the health test (two main ways you can fail, aside from infectious diseases like TB or public health risks):
1. Significant cost (i.e. the estimated cost of treating your health condition is $35,000+. Examples include HIV/AIDS, disability); or
2. Prejudice to access (i.e. if you were to access treatment for your medical condition it would prejudice the access to the treatment of Australian citizens/permanent residents. Example includes kidney/dialysis).

There are health waivers available for the employer sponsored visas, humanitarian visas and partner visas only. All other visas have the strict health requirement - if you fail, there is no waiver.

As I mentioned, health waiver applications are complex and require lots of work. You are trying to prove that despite failing the health requirements, you are nevertheless a benefit to Australia and the country/people here would be detrimentally impacted should you be required to leave. This is broad discretion for the DIAC to consider how you might benefit Australia so the health waiver response should be a detailed response, with supporting evidence, on a number of topics.

Regarding processing times, these must be understood in the context of how the DIAC process health waiver applications and the internal steps involved, particularly consideration by a number of stakeholders and levels of hierarchy within DIAC:

1. Case officer considers health waiver and makes recommendation;
2. If costing is $500,000+ or prejudice to access issues are involved, the case is referred to Health Policy (aka Global Health) in Sydney for a recommendation. If it is a skilled visa, the view of the State/Territory government will also be sought. 
3. The case is sent back to an Executive Level officer within the DIAC (usually a Manager) for a recommendation
4. The case officer makes a decision to grant or refuse the visa.

These steps can take excess of 6-12 months and there is no published processing time. I deal with a number of complex health cases mainly involving HIV positive clients with very high costings, and some examples of processing times:

1. Subclass 820 Partner visa lodged March 2011, health waiver submissions/supporting docs provided Feb 2013, visa granted Oct 2013.
2. Subclass 856 ENS lodged Sep 2011 health waiver submissions/supporting docs provided 4 May 2012 , visa granted 2 May 2013
3. Subclass 820 Partner visa lodged December 2010, health waiver sent April 2012 - visa granted late July 2012 

I recently discussed health waivers with one of my favourite case officers at ENS in Melbourne and she advised that "applicants should expect their case to be referred for a recommendation generally within 6 months of their health waiver submission being received."

Generally, you will not know what stage the health waiver submission is at - i.e. the case officer cannot expedite the matter after it has left their hands. Health Policy and the State governments can take many months to make their recommendation and there is nothing the case officer can do, so don't bug them repetitively. 

In addition, the case officer will not make a separate decision on health - you will likely just receive the visa grant (or refusal). 

If other people reading this are required to go through the health waiver process, be ready for a long fight. You will need to prepare lots of detailed documentation for the health waiver - my applications involve even more documentation than a typical first stage partner visa, supporting statements, and a submission. 

Like complex character matters, health is a legally and factually interesting area of the law which may be reformed in the next couple of years... so in the future the approach may change. However if you are going through the process now - good luck. Hang in there, it will be a long and time consuming process. 

Hope this helps
Melinda 

Melinda Jackson
Partner
MARN: 1175135
Hanna Jackson Lawyers


----------



## Kindred (Jul 18, 2013)

Hi everyone! 

Am new here but would like to get more information on the same topic as I am also awaiting my CO advise re: medical requirements.
If ever one is rated B under cardio condition ( for perhaps elevated blood pressure )
does it also fall under the same category that may require health waiver prior to visa grant?

Any comment will be appreciated!
Cheer!


----------



## CollegeGirl (Nov 10, 2012)

Kindred, for the vast majority of people rated "B" on their medicals, all it's going to mean is your case will be referred to the Medical Officer of the Commonwealth for costing. For something as simple as elevated blood pressure, it's highly unlikely you'd end up going through the health waiver process, in my opinion. We've seen many people with health issues come and go on this forum over the last year and most had no issue. Only 2-3 have had to worry about health waivers.


----------



## CollegeGirl (Nov 10, 2012)

melindajackson said:


> Hi seanau
> 
> Health waiver applications are complicated and the processing time is lengthy.
> 
> ...


Thanks for this comprehensive overview, Melinda. It's really good info to have. I'm lucky in that we have one of the best in our corner (George Lombard) should we have to go through this process, but it's good to understand a little more of it. It's REALLY hard to find information on the Health Waiver process anywhere online, so I appreciate you taking the time to post this gem for us!


----------



## Kindred (Jul 18, 2013)

CollegeGirl said:


> Kindred, for the vast majority of people rated "B" on their medicals, all it's going to mean is your case will be referred to the Medical Officer of the Commonwealth for costing. For something as simple as elevated blood pressure, it's highly unlikely you'd end up going through the health waiver process, in my opinion. We've seen many people with health issues come and go on this forum over the last year and most had no issue. Only 2-3 have had to worry about health waivers.


Thanks College girl!

What a relief! Hope to be able to pass my medical test smoothly.


----------



## CollegeGirl (Nov 10, 2012)

So I got a copy of the latest Departmental Health Waiver Instructions. There's a lot of interesting info, but I thought the most interesting was the factors they give the most weight to. I'm going to paste it here in case it can help anyone else figure out what their chances might be.



> *Factors afforded weight under policy*
> 
> Under policy, s65 delegates should put substantial weight on the fact that a failure to exercise the PIC 4007(2) waiver would:
> 
> ...


----------



## Kindred (Jul 18, 2013)

Hi!Collegegurl--

Today, after 55 days since Visa 189 lodging, I was granted my PR.
What i thought was a dreadful medical referral that might have taken 8 months to clear was just 14 days of MOC review-- no additional tests, no undertaking, no waiver..

Thank God for his immense grace..

To you and many others who have been helping and sharing their time and talents here in the forum, thank you for giving others hope and inspiration.


----------



## monkey9 (Sep 3, 2013)

Thanks for that thorough outline of the process involved . I am sure my partner and I will need to go through this process next year and we should certainly get the help of a professional like yourself . 
thanks again 
Maurice


----------



## CollegeGirl (Nov 10, 2012)

Kindred, I just saw your previous post! Congrats on the approval! And the fact that your referral happened so quickly gives me hope... )


----------



## Elegav (Nov 30, 2013)

To College Girl.
I don't suppose there are details regarding foriegn police clearance waivers, like the ones you posted for the health waiver?
Gav.


----------



## CollegeGirl (Nov 10, 2012)

Sorry, Elegav, that is a whole other topic i don't know anything about.


----------



## Cezzy84 (Aug 8, 2011)

What kind of history do you have Elegav?


----------



## GBP (Jun 1, 2013)

Elegav said:


> To College Girl.
> I don't suppose there are details regarding foriegn police clearance waivers, like the ones you posted for the health waiver?
> Gav.


I suggest you start a new thread regarding your query.


----------



## jim3205 (Jul 9, 2012)

*regarding health waiver*

hi Melinda,

i have found ur post here regarding halth waiver...
i m hiv poz and i have applied visa 820/801 18 months ago..immigratuin asked me to do medical along wid hiv n hep B n C .test n i did my medical n i hv submit my recent report from my own dr to visa medical dr.my report shows i m hiv undetectable ..i pay for my own medicine ...do u think is there any chance to get visa?
i m really stressed..
if u can suggest me something i wud really thakful to you.

Regards
jim



melindajackson said:


> Hi seanau
> 
> Health waiver applications are complicated and the processing time is lengthy.
> 
> ...


----------



## Arian_marshal (Apr 28, 2014)

Kindred said:


> Hi!Collegegurl--
> 
> Today, after 55 days since Visa 189 lodging, I was granted my PR.
> What i thought was a dreadful medical referral that might have taken 8 months to clear was just 14 days of MOC review-- no additional tests, no undertaking, no waiver..
> ...


Hi Kindred,
May i ask what do you mean by a "dreadful Medical Referral"?
I'm on the same boat, and I'll probably need to go through health waiver"
Regards,


----------



## CollegeGirl (Nov 10, 2012)

Arian, if there's a condition you have that your panel doctor feels merits further investigation by Australian authorities, your medical gets "referred." This simply means that a panel of Australian doctors who work for immigration (the Medical Officer of the Commonwealth, or MOC) review your medical information and estimate cost for your treatment and ongoing care. 

If they determine your cost to be $35,000 or more over the next five years, that's when (assuming you're applying for a visa that allows it) you'd be offered a chance to request a Health Waiver. 

The process for the MOC to look at cases and determine whether they'd need to go through the Waiver process was fairly backlogged for a while -- three months or longer -- but I *believe* it's gotten better and could be taking less time. However, don't quote me on that - I haven't seen any recent credible information on just how long it's taking now. 

You'd have to have an extraordinarily expensive condition not to pass, though - a permanent disability of some kind that keeps you from being able to work, a child with special needs, a recent history of cancer, kidney dialysis, etc. Most people who come on this forum and are worried about not passing the medical (including me!) do indeed pass. 

If you have a condition you are concerned about, I would highly suggest taking a letter from your specialist with you to your panel doctor exam. The letter should include information like your diagnosis, usual treatment, prognosis, etc. and if your doctor can say anything specific about your cost of treatment (i.e., treating you will cost less than might be projected because _____) that would be helpful as well.


----------



## Arian_marshal (Apr 28, 2014)

CollegeGirl said:


> Arian, if there's a condition you have that your panel doctor feels merits further investigation by Australian authorities, your medical gets "referred." This simply means that a panel of Australian doctors who work for immigration (the Medical Officer of the Commonwealth, or MOC) review your medical information and estimate cost for your treatment and ongoing care.
> 
> If they determine your cost to be $35,000 or more over the next five years, that's when (assuming you're applying for a visa that allows it) you'd be offered a chance to request a Health Waiver.
> 
> ...


wow, That was quick and thorough 
Thanks College Girl, much appreciated.
Now I know, I've gone through this process for my off-shore skilled application and unfortunately I am semi rejected so far... (MOC got back to me by "not meeting requirement" being costly). I've been given the opportunity to respond to MOC which I have no clue what I should mention in my response on top of what I've previousely mentioned when I was referred. 
I also have the opportunity to apply through a ENS visa which enjoys health waiver for which I'll probably ask professional help.
BTW, it took about 2 months for the MOC to respond and we had xmass in between too, so it seems the backlog is not that bad anymore.
any help and recommendation is highly appreciated.
Regards,


----------



## CollegeGirl (Nov 10, 2012)

If you're at the point where you're applying for the visa waiver now, I'd highly, highly suggest engaging a professional migration agent who specializes ini difficult medical cases. Medical Waivers are one of those things that it's very, very difficult to get a successful outcome on by yourself. Both George Lombard and Peter Bollard come highly recommended for issues like this. They're worth the cost if you're dealing with a waiver application.


----------



## Arian_marshal (Apr 28, 2014)

Thanks, You're absolutely right and that's what I'm gonna do.
Cheers


----------



## seanau (Oct 16, 2013)

Hello,

Thankyou for your reply. I just would like to say that after 2 years now we have a new case officer, and he is working hard on the case but advised me it could be another two months before an outcome as it needs to goto Canberra to their policy department. Does that sound right?

sean



melindajackson said:


> Hi seanau
> 
> Health waiver applications are complicated and the processing time is lengthy.
> 
> ...


----------



## CollegeGirl (Nov 10, 2012)

I haven't seen Melinda on here in quite a while so she may not answer, but I believe what you were told is correct. My agent, who specializes in medical conditions, told me if my medical was referred it could have to be sent to Canberra for review.


----------

