PIC 4005/4006 — health requirement
Overview
Public Interest Criteria 4005 and 4006 (PIC 4005/4006) are the health requirements that apply to most Australian visa subclasses. PIC 4005 requires that the applicant's proposed stay in Australia will not be detrimental to Australian community health and will not result in significant cost to the Australian community or prejudice the access of Australian citizens or permanent residents to health services. PIC 4006 applies a similar (but less restrictive) standard to certain temporary visa categories. Applicants must generally undergo a medical examination by a panel physician.
The health requirement is assessed through an Immigration Medical Assessment (IMA) conducted by panel physicians (doctors approved by the Department of Home Affairs). The assessment is referred to the Medical Officer of the Commonwealth (MOC), a Commonwealth government doctor who makes the health assessment recommendation.
A health waiver may be available in limited circumstances, particularly for temporary visa applicants where the health condition would not impose significant costs and there are compelling compassionate reasons.
Legal basis
- Migration Regulations 1994, Schedule 4, PIC 4005 — the standard health criterion for most visa subclasses; the applicant must meet the health requirement
- Migration Regulations 1994, Schedule 4, PIC 4006 — a modified health criterion for certain temporary visas; the applicant is not required to meet the full health requirement but must not be a threat to public health
- Migration Regulations 1994, PIC 4007 (waiver) — the Minister may waive PIC 4005 if satisfied it is in the public interest, considering the costs and benefits
How it works
The immigration medical assessment
Applicants undergo a medical examination that may include:
- A general medical examination by a panel physician
- Chest X-ray (for tuberculosis screening — required for applicants from certain countries or for stays longer than 6 months)
- Blood tests (where requested)
- Specialist assessments (where the panel physician identifies a condition warranting further assessment)
The MOC reviews the panel physician's findings and issues a health assessment recommendation — either "meets the health requirement" or "does not meet the health requirement."
PIC 4005 — the three health sub-criteria
To meet PIC 4005, the applicant must:
- Not be a threat to public health or public safety in Australia
- Not result in significant healthcare or community services costs to Australia
- Not prejudice the access of Australian citizens and permanent residents to limited healthcare and community services resources
The "significant cost" threshold is assessed against a defined cost threshold published by the Department (currently set at $49,000 per applicant over the visa period). Conditions likely to exceed this threshold include some forms of cancer, organ transplants, advanced HIV, and severe intellectual or physical disabilities.
PIC 4006 — modified health criterion
PIC 4006 applies to certain temporary visa categories. It requires only that the applicant is not a threat to public health and will not require in-patient treatment in a public hospital. It does not include the cost and access sub-criteria of PIC 4005. This makes PIC 4006 a less onerous standard and more often satisfied.
Health waiver (PIC 4007)
Where an applicant does not meet PIC 4005, a health waiver under PIC 4007 may be available. The waiver requires the decision-maker to be satisfied that it is in the public interest to grant the visa notwithstanding the health criterion failure. Factors include the likely costs to the community, whether the applicant is sponsored by an Australian citizen, the length of the proposed stay, and the benefits the applicant would bring to Australia.
Processing time implications
Health checks are a common cause of delay in visa processing, particularly where the applicant has conditions requiring specialist review. The Department uses the eMedical system for electronic transmission of health results. Applicants should undergo health checks early in the application process.