Migration Amendments for Child Health Exemptions: A New Era for Minor Visa Applicants

Migration Amendments for Child Health Exemptions: A New Era for Minor Visa Applicants

Australia’s migration policies frequently undergo changes, with the most recent update being significant for many visa applicants. Historically, one of the key challenges for individuals applying for permanent visas, such as the subclass 189 (Skilled Independent) and subclass 190 (Skilled Nominated) visas, was meeting stringent health requirements. These health requirements, known as Public Interest Criteria (PIC) 4005 and 4007, mandate that applicants and their family members undergo health assessments to ensure they do not impose an undue burden on Australia’s healthcare and community services.

The good news? A recent update offers relief to families with children born in Australia. If you have a child who was born in Australia and is ordinarily a resident here, they are no longer required to satisfy the same health criteria as other applicants. Specifically, they no longer need to demonstrate that they are free from any condition or disease that would require significant healthcare or community services. In other words, the child will not be disadvantaged when it comes to the grant of the visa simply because they may have a health condition or disability. This development is a welcome change for many families, especially those navigating the often-complex Australian visa application process.

Let’s dive deeper into what this update entails, how it affects visa applicants, and some of the key legal considerations that must be understood.

Australian-born children

Understanding PIC 4005 and PIC 4007 Health Requirements

PIC 4005 and PIC 4007 are part of Australia’s migration regulations that require visa applicants to meet certain health standards. These health checks are in place to ensure that an applicant’s condition would not:

· Result in a significant cost to Australia’s healthcare and community services system

· Prejudice the access of Australian citizens or permanent residents to those services

The health assessment typically includes screening for conditions such as tuberculosis, HIV, cancer, and other chronic or costly illnesses. If a visa applicant or their family member is found to have a condition that could incur significant medical expenses or require extensive healthcare services, their visa application may be denied.

PIC 4005 is generally non-waivable, meaning if an applicant doesn’t meet the health requirements, the visa cannot be granted. PIC 4007, however, allows for a waiver in some circumstances, particularly if the applicant can demonstrate compelling or compassionate reasons for why the visa should still be granted despite not meeting the health requirements.

What the Recent Changes Mean

The recent migration update focuses on the exemption for children born in Australia. Under the new regulations, if your child was born in Australia and is ordinarily a resident here, they will not need to meet the PIC 4005 or PIC 4007 health requirements. This means that even if the child has a condition or disability that would ordinarily disqualify them from passing the health test, this will no longer be a barrier to obtaining a visa for them or their family.

Previously, if a child had a condition that would lead to significant healthcare costs, it could seriously jeopardise the family’s visa prospects. For example, conditions such as autism, Down syndrome, or other developmental disabilities, which often require ongoing support, could result in visa refusal due to the potential cost to Australia’s healthcare system. This has historically caused considerable distress for families. Now, with this update, these families can breathe a sigh of relief, as their Australian-born children will not be subject to the same stringent health assessments.

Key Legal Considerations

While the new exemption for Australian-born children is an encouraging step, it’s essential to understand the broader legal implications. Visa applicants must still be mindful of several key legalities surrounding this change:

1. Child’s Residency Status: The child must be born in Australia and be considered “ordinarily resident” in the country. This means the child must have their principal place of residence in Australia and intend to remain here on an ongoing basis. It’s crucial to ensure that your child meets this residency requirement to benefit from the exemption.

2. Family Members’ Health Assessments: While Australian-born children may be exempt, other family members included in the visa application must still meet the PIC 4005 or 4007 health requirements. This could include the child’s parents and siblings, and failing to meet these requirements could still impact the overall visa application.

3. Waiver of Health Requirements: Under PIC 4007, it’s possible to seek a waiver for other family members if they fail to meet the health criteria. However, this process can be complex and often requires compelling or compassionate reasons, such as the strong support system available in Australia or the family’s contribution to the community.

4. Other Visa Conditions: Health requirements are just one part of the visa application process. Applicants must still meet all other visa conditions, including skills assessments, language proficiency, and sponsorship or nomination criteria. Ensuring that all other aspects of your visa application are robust and compliant with Australian law is essential for success.

What Does This Mean for Visa Applicants?

If you’re applying for a visa under subclass 189, subclass 190, or any other visa with a health requirement, this update can significantly ease the process if you have an Australian-born child with a condition or disability. Families no longer need to worry about their child’s healthcare needs being a stumbling block to obtaining permanent residency.

However, the exemption does not apply universally, and each case is unique. It’s crucial to seek expert advice to ensure that your application is as strong as possible.

Seek Expert Guidance

At NB Migration, we specialise in helping families navigate the complex Australian visa application process. Our experienced migration lawyers can guide you through every step, ensuring that your application meets all the necessary legal requirements and maximising your chances of success. Whether you’re concerned about health assessments, need assistance

with PIC 4007 waivers, or require help with any other aspect of the visa process, we’re here to help.

Book a Complimentary Consultation Today

Navigating the Australian visa process can be challenging, but you don’t have to do it alone. Contact NB Migration today for a complimentary consultation with one of our expert migration lawyers. We’ll assess your situation, answer any questions you have, and provide tailored advice to help you achieve your migration goals. Let us take the stress out of your visa application. Book your consultation now!

Confused about the next steps for your legal matter?

Book a complimentary consultation with our expert team to find out how we can help.

"*" indicates required fields