Waivers
Health Waivers, Character Issues and Schedule 3 Waivers
Health Waiver
The health condition of an applicant holds great significance for a positive visa grant, the applicant and their dependents may need to undergo a health test when applying for a visa. This test is conducted by a Commonwealth-authorised medical doctor who examines the applicant for various health concerns, including tuberculosis, HIV, and other less severe conditions like hearing impairment.
An applicant may face visa rejection based on health grounds specifically, if their health condition is deemed to have a significant cost element. This refers to the expenses associated with maintaining the person’s health, within the policy threshold set at AU$49,000.00 per year.
If a medical doctor determines that an applicant’s health justifies visa refusal, a Health Waiver becomes necessary.
A Health Waiver is only applicable to specific visa subclasses, including child visas, partner visas, adoption visas, and parent visas, amongst others.
Character Issue
Character issues can vary for applicants of Australian visas, as they are required to be of good character, which is assessed through a character test. This test examines an applicant’s past and present behaviour in society.
If an applicant has a criminal record, associations with criminal organisations or involvement with organizations connected to war crimes, all of these factors are evaluated under the character test. Failing the character test can result in visa refusal or the cancellation of an existing visa. Even if a person currently holds a valid visa, it can be revoked if they do not meet the requirements of the character test. For example, if someone with a valid visa is charged with assault or drug possession, it could lead to a failed character test and subsequent visa cancellation.
If you receive a notice of a failed character test, it is crucial to seek legal advice promptly to avoid becoming unlawful and potentially subject to detention. Time limits are applicable, so it is important to act quickly. Consulting with an experienced immigration specialist can provide guidance on the best course of action and the chances of success.
Schedule 3 Waivers
Without delving into specific details and regulations (such as Migration Regulations criteria 3001, 3004, etc.), it is important to note that if an applicant applied for a Partner Visa or another visa under Schedule 3 in Australia without holding a visa at the time or being on a bridging visa for more than 28 days, they would be considered an unlawful non-citizen. As a result, the applicant would be subject to Schedule 3 criteria unless a waiver is obtained.
- Criterion 3001 states that an applicant must not be unlawful or on a bridging visa for more than 28 days.
- Criterion 3004 requires the applicant to demonstrate certain criteria, such as compelling reasons for not holding a substantive visa.
If an applicant realises that they may not meet the criteria for 3004, it is advisable to promptly seek the assistance of an expert immigration specialist. The specialist can prepare and submit detailed written submissions that address each element of the criterion. Ideally, these submissions should be prepared and submitted together with the visa application, rather than being requested by the Department of Home Affairs (DOHA) after the application has already been lodged.
Here’s how we assist:
Our experienced team can assist you with the following:
- Initial assessment of your specific matter.
- Provide advice and guidance on the necessary aspects to address/information to be presented for the department to consider regarding the matter.
- Finalise the application with relevant documents and detailed written submissions.
- Research on relevant case law and its alignment with current policy.
- Responding to requisitions from the Department of Home Affairs (DOHA).
- Preparing Health Waivers and explaining relevant elements.
Need more information or have questions that your seeking answers for?
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matter with ease and let us assist you in navigating to a successful outcome.
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