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The contents of this article are correct as at 27 September 2010.

From 22 September 2010, it is possible for applicants in NSW to obtain a waiver of the health criterion where they have applied for the following permanent visas:

  •         Subclass 846 (Regional Established Business in Australia)
  •         Subclass 855 (Labour Agreement)
  •         Subclass 856 (Employer Nomination Scheme)
  •         Subclass 857 (Regional Sponsored Migration Scheme)

The health criterion requires visa applicants to undergo health assessments where requested and have an adequate standard of health, taking into account their proposed length of stay and activities in Australia.

In many applications for permanent residency, this requirement is strict and if applicants fail to meet the relevant health standard, they will not be granted a visa.

It is now possible for applicants applying for one of the above visas to obtain health waivers in certain circumstances where:

  • All other requirements (including character) have been assessed as met; and
  • The granting of the visa would be unlikely to result in undue cost to the Australian community or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident; and
  • Various policy considerations merit a waiver of the health requirement.

The health waiver is now available where the applicant’s employment or business is in one of the following States or Territories:

  • Australian Capital Territory
  • New South Wales
  • Northern Territory
  • Queensland
  • Tasmania
  • Victoria
  • Western Australia 

If you have any questions concerning this article, please click this link to contact Visa Lawyers Australia