Waivers

Health Waivers

Health is a key factor in visa approval. Applicants and their dependents may need to undergo a health test by a Commonwealth-authorised doctor, screening for conditions like tuberculosis, HIV, and hearing impairment. A visa can be refused if the applicant’s health is expected to cost more than “Significant Cost Threshold” (SCT). In such cases, a Health Waiver may be required, which is available for certain visas such as child, partner, adoption, and parent visas.

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Our experienced immigration specialists can make all the difference, talk to us about your matter with ease and let us assist you in navigating to a successful outcome.

Character Issue

Applicants for Australian visas must pass a character test, which assesses their past and present behaviour. A criminal record, ties to criminal organisations, or involvement with groups linked to war crimes can lead to failing the test, resulting in visa refusal or cancellation. Even valid visa holders risk cancellation if they fail the character test, such as being charged with assault or drug possession. If you receive a notice of a failed character test, seek legal advice immediately to protect your status, as strict time limits apply. An experienced immigration specialist can guide you through your options and help you respond effectively.

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.

Secure your future in Australia with expert support

Our experienced team will guide you through the process, ensuring your application is thorough and compelling.