Applying for a partner visa is a major step for any couple building a life together in Australia. The process can feel complex, and when an applicant is living with HIV, there are added legal and emotional considerations. Australia’s migration framework includes strict health requirements, and this is often where uncertainty begins.
At NB Migration Law, we provide clear advice, legal strategy, and compassionate guidance for all couples—married or de facto, opposite-sex or LGBTQIA+—navigating the partner visa process where HIV is a factor.
The Health Requirement and HIV
Under the Migration Regulations 1994, applicants for permanent visas must meet certain health standards. The Department of Home Affairs assesses whether a health condition could result in “significant” costs to the Australian community or place demand on services relied upon by citizens and permanent residents. For applicants living with HIV, questions commonly arise around long-term treatment and cost.
If the Department considers that an applicant does not meet the health requirement, it may issue an s57 Natural Justice letter. This letter outlines the medical officer’s opinion and invites a response. It’s a critical opportunity to present evidence, context, and submissions before any decision is made.
Who Is Eligible for a Health Waiver?
Not all visas allow a health waiver, but many family and skilled visas do—including partner visas. Partner visas are subject to Public Interest Criterion (PIC) 4007, which means the decision-maker can consider a waiver even if the applicant is found not to meet the health requirement.
Applicants for visa subclasses without PIC 4007 cannot access a waiver and may face refusal without the chance to provide further submissions. For partner visas, however, PIC 4007 gives couples a real pathway to address health concerns through detailed evidence and argument.
What a Health Waiver Involves
A health waiver allows the Department to grant a visa despite an adverse health assessment, after weighing the full circumstances of the case. Relevant factors can include:
- The genuineness and strength of the relationship.
- The sponsor’s ability (or inability) to relocate outside Australia.
- The applicant’s employment history, financial independence, and community contributions.
- The likely hardship to both partners if the visa were refused.
- Current medical evidence about HIV care and outcomes, including the stability of treatment, adherence, and prognosis.
Modern HIV treatment enables many people to live long, healthy, productive lives—working, studying, and contributing to their communities. Well-prepared submissions explain the clinical realities and address outdated assumptions about cost and burden.
How NB Migration Law Assists
A successful waiver submission is not just a form—it’s a carefully built case. We work with you to:
- Identify the right evidence: medical reports showing treatment stability; letters from treating specialists; employment records; insurance and private-care arrangements (if relevant); community and character references.
- Present a coherent narrative that ties medical facts to legal criteria under PIC 4007.
- Address hardship and public-interest considerations, including why separation or offshore relocation would be unreasonable or harmful for your circumstances.
- Coordinate responses to s57 Natural Justice letters, liaise with the Department, and ensure deadlines and procedural fairness are respected.
Every couple’s situation is unique. We shape submissions to reflect your relationship, responsibilities, and plans—so decision-makers see more than a diagnosis: they see a partner, a contributor, and a member of the community.
Supporting You at Every Step
Facing the health requirement—especially with HIV—can feel daunting. We provide more than legal drafting: we bring structure, strategy, and steadfast advocacy from first advice through to decision. Our commitment is to help all partners overcome unnecessary barriers and secure the right to live together in Australia.
This article provides general information only and is not legal advice. For guidance tailored to your circumstances, contact NB Migration Law.