Case Study: Health Waiver for Partner Visa – Application Process and Checklist 2023

In this case study, we aim to enlighten you about the Health Waiver Partner Visa process in Australia. This pathway becomes relevant when the primary applicant for the Partner Visa falls short of meeting the Australian health prerequisites. The health waiver offers a potential avenue for your partner to secure the visa they seek.

To facilitate a clearer understanding, we have furnished you with a comprehensive case study on the Health Waiver Partner Visa in Australia.

Please note that all names, cases, and history stated were hidden to keep our client’s confidentiality.

Health Waiver Journey of Lisa’s – Temporary & Permanent Partner Visa Application

James and Lisa have been partners since she graduated, and she is currently working in Australia as a certified engineer for a Thailand company in the country.

After two years of her status as a temporary visa holder, they are looking for application progress to get Lisa a permanent residency through a partner visa application.

Lisa is aware of her health condition she was diagnosed with HIV and is on regular medication. Lisa is aware that this health condition does not meet the health requirements in Australia.

While considering the worst scenario, James and Lisa chose to do the Partner Visa application process carefully–and we have described below about their journey.

Prepared and Take the Professional Advice for Partner Visa Application

It was at this juncture that they decided to seek expert guidance and enlisted the services of a migration agent to assist them in their Partner Visa application. Their chosen Registered Migration Agent is none other than Indah Melindasari.

Indah, with her expertise, patiently guided them through the intricacies of the visa process until they comprehended the significance of health conditions in meeting the prerequisites for permanent residency via the Partner Visa route in Australia. James and Lisa candidly shared Lisa’s health conditions with Indah, who, in turn, offered them the most optimal solutions for both their temporary and permanent partner visa applications, while also discussing the possibility of pursuing a health waiver for their Partner Visa application in Australia.

Indah also advised that the process might occur during the temporary Partner Visa application stage as the Department of Home Affairs will directly assess your health condition on the temporary Partner Visa application.

The journey, although potentially longer when compared to smoother applications without health-related concerns, did not deter James and Lisa. Indah, ever eager to lend her expertise, not only assisted but also thoughtfully furnished our clients with a comprehensive checklist of necessary documents and supporting evidence. This invaluable aid has significantly facilitated their document collection process.

Gather important documents required, included with Partner Visa Checklist

Based on Indah’s advice, James and Lisa are required to give the government this evidence such as:

1. Demonstrate that they are in a genuine and continuing de facto relationship,
2. Proof registered relationship in Australian authority
3. Proof that they have lived together as a couple for the last 12 months and,
4. Bills evidence of paying taxes to the government

Furthermore, in addition to the aforementioned assistance, Lisa and James were also tasked with providing a set of essential documents to meet the requirements for the health waiver partner visa in Australia. These documents encompassed:

1. Medical statements from Lisa’s healthcare professionals, supported by associated medical bills.
2. Statements from James and Lisa’s workplace supervisors, affirming that Lisa’s HIV did not pose any significant challenges in her domestic or professional life.
3. Confirmation of Lisa’s property ownership in Australia, duly certified as occupied and sponsored by her partner, James.
4. Compelling evidence illustrating Lisa’s active and embraced participation within their local community.

Outcoming Phase – Health Waiver Approved

Furthermore, they diligently presented comprehensive documentation, consistently reaffirming their commitment by regularly providing evidence of their relationship, including details of Lisa’s treatment plans and corresponding payments. In addition, James demonstrated his financial responsibility as a sponsor to the Australian government, underlining his dedication to their cause.

Ultimately, after an arduous and thorough process, Lisa’s health waiver for the partner visa in Australia was granted, marking a significant milestone in their journey as a couple in the country. The sense of joy and fulfillment that accompanies this achievement is truly immeasurable, and James expresses his profound gratitude for the invaluable assistance rendered by our esteemed migration agent, Indah Melindasari.

Indah, in her capacity as their registered migration agent, provided invaluable guidance and ensured the meticulous completion of each step in this intricate process.

There are things to consider for a Health Waiver

Drawing from the insights garnered in this case study, it becomes evident that certain critical aspects warrant careful consideration when applying for a Health Waiver in the context of a Partner Visa application for Australia. These aspects are essential for the Department of Home Affairs (DHA) to take into account when contemplating the waiver of health requirements:

1. Genuine Commitment: A paramount element is demonstrating a genuine and unwavering commitment between you and your partner. This commitment underscores the strength and significance of the relationship, which can be instrumental in persuading the authorities.
2. Financial Stability: Establishing financial stability within Australia is crucial. Demonstrating your capacity to support both yourself and your partner, particularly in terms of ongoing medical treatment, reinforces your eligibility for a health waiver.
3. Financial Capacity for Treatment: Equally important is your ability to prove your financial capability to sustain necessary medical treatment in Australia. This factor underscores your commitment to managing and maintaining your health.
4. Supportive Testimonials: Official statements from your sponsor and co-workers serve as valuable endorsements aimed at showcasing that the primary applicant’s health condition does not pose a burden at home or within the workplace. These statements can help alleviate concerns regarding the impact of the health condition on domestic and professional spheres.

Incorporating these considerations into your application demonstrates a comprehensive and thoughtful approach to addressing health waiver requirements for a Partner Visa in Australia.

When an applicant for a partner visa has Medical conditions for example HIV and is seeking a Health Waiver in their application, several aspects can be elaborated upon to strengthen their case:

Medical Documentation: Provide comprehensive medical reports and documentation from healthcare professionals outlining the applicant’s current health status, treatment plan, and prognosis. This should include information about the applicant’s viral load, CD4 count, and response to treatment.

Treatment Compliance: Emphasize the applicant’s strict adherence to antiretroviral therapy (ART) and their commitment to maintaining their health. Include evidence of regular medical check-ups and medication compliance, such as pharmacy receipts or appointment records.

Undetectable Viral Load: Highlight if the applicant has achieved an undetectable viral load, which significantly reduces the risk of transmission. This can be substantiated through medical records and expert opinions from healthcare providers.

Safe Sex Education: Demonstrate the applicant’s awareness of safe sex practices and their commitment to preventing the transmission of HIV to their partner. Include certificates or documentation from HIV counseling or prevention programs.

Supporting Letters: Include supportive letters from healthcare professionals, counselors, and support groups attesting to the applicant’s responsible approach to managing their HIV and their low risk of transmitting the virus.

Partner’s Consent: If the partner is aware of the applicant’s HIV status and is supportive of the relationship, provide a statement or letter from the partner expressing their understanding and consent.

Community Involvement: Highlight the applicant’s involvement in HIV awareness and advocacy efforts, showcasing their commitment to the broader community’s well-being.

Health Insurance: Include evidence of comprehensive health insurance coverage that covers the costs associated with HIV treatment and care.

Legal Requirements: Ensure that the application complies with all legal requirements and regulations related to HIV disclosure and non-discrimination.

Legal Assistance: Seek guidance from a qualified migration agent or lawyer experienced in handling health waiver cases to ensure all legal requirements are met and to present a compelling case for the health waiver.

Each case is unique, and it’s crucial to work closely with immigration experts who can tailor the application to the specific circumstances of the applicant and provide the best chance of success in obtaining a health waiver for a partner visa.