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Health Waiver & Requirements

Dependent upon factors including, the visa application type and the purpose of the stay in Australia, applicants and family members may be required to undertake health examinations to prove that they satisfy the Australian health requirements before their visa may be granted.

If an applicant’s health outcome does not meet requirements, the applicant’s visa cannot be granted unless a health waiver is available and exercised. A health waiver will be highly relevant if a Medical Officer of the Commonwealth (‘MOC’) determines that an applicant does not meet the necessary health requirements for the grant of an Australian visa grant. Under some circumstances, the Department may exercise a health waiver which may result in a successful visa grant.

To process a health waiver, an applicant may submit a submission to the Department and put forth evidence that shows they will not cause undue cost to the Australian community or undue prejudice to the access to health care or community services of an Australian citizen or permanent resident. If successful, the Department will exercise a health waiver and continue processing the visa application.

health waivers

Our lawyers at All Access Migration are well versed in all types of matters relating to Australian visas and are able to provide streamlined assistance with your visa application process. In particular, we are able to assist with:

  • Responding to Requests for Further Information and Natural Justice letters in respect of health requirements.
  • advising you on the process and requirements of the visa in terms of the satisfying the strict health requirements of each subclass.
  • outlining the specific material required to satisfy the health requirements
  • collating and reviewing your documentation
  • preparing detailed health waiver submissions to the Department of Home Affairs outlining your ability to meet each requirement of the visa, as well as outlining the evidence provided
  • preparing and lodging both the visa application and submissions on your behalf
  • providing advice regarding the latest immigration regulations, status of lodgement, ongoing obligations, and current processing times
  • Sanctions for sponsoring employers who breach sponsor obligations

Australian employers that were approved as Standard Business Sponsors must obey their sponsorship obligations, such as:

  • Notify the Department of Home Affairs if your sponsored visa holder leaves employment or the nature of the employment changes
  • Cover all the costs associated with sponsorship and nomination applications yourself;
  • Ensure your employee works only in the nominated occupation;
  • Ensure equivalent terms and conditions of employment;
  • Continue to meet the Training Benchmark requirements
  • To secure an offer of a reasonable standard of accommodation
  • Must pay reasonable and necessary travel costs to let the sponsored employee
  • Not engage in, or have not engaged in, discriminatory recruitment practices that adversely affect Australian citizens, or any other person, based on their visa or citizenship status;
  • Keep records to show your compliance with your sponsorship obligations
  • Must provide records or information if requested by a departmental officer
  • Pay costs to locate and remove an unlawful non-citizen
  • Cooperate with inspectors

The Department promotes and accepts anonymous reports from any individuals if a business is suspected to be in breach of their legal obligations

Parent (subclass 103) Visa

Sponsor monitoring occurs when:

Sanctions to Sponsors, A sponsor who fails their obligations most likely will faces some sanctions as the Department may take the following actions:
Enforceable undertaking

Enforceable undertakings require you to promise, in writing, to undertake to complete certain actions to show that the failures have been rectified and won’t happen again.
Administrative

  • Bar you from sponsoring additional visa holders for a specified time
  • Not approve your application for sponsorship for this or any other visa
  • Cancel all of your existing sponsorship approvals Civil
  • Issue an infringement notice of up to $ 2,664 for individuals and $13,320 for bodies corporate per obligation breach
  • apply to a court for a civil penalty order of up to $66,000 for a corporation and $13,320 for an individual for each failure

The Department also publishes information identifying sponsors who failed their sponsorship obligations in the register of sanctioned sponsors who have breached their sponsorship obligations since 18 March 2015.

In cases where a business decides to appeal a sanction and it is subsequently varied or waived, public records will either be updated or removed respectively.

How We Can Help

Sometimes a business owner can make decisions in the ordinary course of business or consider doing so without adequately considering the obligations it has with respect to its position as a standard business sponsor. It is important to seek expert advice if you think this may have occurred or is likely to occur to ensure that the obligations are adhered to at all time and action is taken to rectify breaches where possible as a priority. If you think that you may have breached any of your sponsorship obligations, or your employer has please contacted All Access Migration today to avoid or minimize sanctions for your business or effects to your visa.

Our team also have experience in assisting client who have been issued breach notices and/or sanctions. This involves preparing responses to any formal notices of intention to take action against the business for compliance issues and liaising with stakeholders and authorities on your behalf during the investigation.

Enquire about Health Waiver & Requirements

Brisbane Office

1300 245 756

50 McDougall Street,
Milton, Brisbane, QLD, 4064
Australia

Gold Coast Office

1300 245 756

Levels 5 & 9, Corporate Centre One,
2 Corporate Court,
Bundall, QLD, 4217
Australia

Sydney Office

1300 245 756

Level 6,
15 Castlereagh Street,
Sydney, NSW, 2000
Australia

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