PIC 4005 health requirements | Facts about PIC 4005

PIC 4005 health requirements – what are the purposes of PIC 4005 health criteria?

• protect the Australian community from threats to public health
• contain Australian public expenditure on health and community services
• safeguard the access of Australian residents to health and other community services in short supply.

Almost all temporary and permanent visa applicants are required to satisfy the PIC 4005 health requirements. Those who apply for offshore refugee and humanitarian visas are required to satisfy PIC 4007 health criteria. Those who are in Australia applying for the Protection subclass 866 visa (click here to learn more) only need to be assessed against public health risk. Children born in Australia to non-citizens are not required to satisfy health unless travelled overseas to a higher TB-risk country for more than 6 months.

The PIC 4005 health requirements require you and each applicant in your application for a visa to be free from a disease or condition where you or they would be likely to require health or community care. If required, it must not result in a significant cost (currently the threshold is $49,000 over 5 years) to the Australian community in the areas of health care and community services regardless of whether you or they actually use them. If you are applying for a temporary visa, the Department does not take state disability services into account as temporary visa holders are unable to access these services.

The MOC (Medical Officer) will assess whether your or their disease or condition would likely to prejudice the access of Australians to health care and community services that are in short supply. Prejudice to access will occur if a hypothetical person with the same condition and severity would likely to result in a significant cost to the Australian community in health care and/or community services that are in short supply. For eg:

• organ transplants; and
• dialysis

Factors cannot be considered to mitigate PIC 4005 health requirements

• Will choose not to use available services
• Costs will be met through a variety of alternative means such as savings, reciprocal health care agreements or having comprehensive health insurance
• Bringing own supply of medication or travelling with a carer
• Someone else will cover the costs (eg, a foreign government)
• Family members will be caring for them or providing support
• The services required are not available in particular locations in Australia.

This is because there is no way any of the above intention can be legally enforced once the (especially permanent residence) visa is granted.

PIC 4005 health requirements waiver

There is no PIC 4005 waiver. But there is a waiver for PIC 4007.

PIC 4005 must be met through a health clearance before the visa is granted. It the health outcome is a “Does Not Meet”, you have not met the PIC 4005 health requirements and the visa cannot be granted.

If you or a non-migrating family member fails to meet the PIC 4005 health requirements for the visa, there is no provision for a health waiver.

Visas with no PIC 4005 health requirements

• Maritime Crew Class ZM Subclass 988 (click here to learn more)
• Resident Return Class BB Subclass 155 (click here to learn more)
• Resident Return Class BB Subclass 157
• International Relations Class GD Subclass 403 (click here to learn more)
• Diplomatic Class TF Subclass 995 (click here to learn more)
• Special Category Class TY Subclass 444 (click here to learn more)
• Special Purpose visas
• Protection Visa (only require to undergo medical exams)

Who are exempted from PIC 4005 health requirements

• heads of state
• royals
• religious or spiritual heads
• partner of any of the above who are over 75
• DFAT supported
• ETA holders

Visa cancellation on health grounds

If you are granted a visa and arrived in Australia, your visa can be cancelled under s 116 (click here to learn more). However, visa cancellation on health grounds must be evidence based, and your presence in Australia is, or would be, a risk to the health, safety or good order of the Australian community. There must be evidence that you have, for eg, TB must be presented and not basing on a suspicion.

HIV and Hepatitis B are not threat to public health, therefore cannot warrant a cancellation.

Migration Regulations. Australian migration law is complex and difficult to understand, contact our immigration lawyer for a consultation (fee applies) to help you understand the PIC 4005 health requirements.

This article is not intended to be or taken as migration legal advice. The author of this article disclaims any liability for any action or omission on the information provided or not provided in this article. You should always consult an immigration lawyer or a registered migration agent to form an informed opinion on your immigration matter.