Health & Character 

All Australian visa applicants will be assessed against health and character requirements

Are you concerned that your criminal record or health issue may cause your Australian visa application to be refused?

Health and character requirements are known as the public interest criteria in a visa application.

These requirements are imposed on every visa applicant whether they want to enter Australia temporarily or migrate to Australia permanently to ensure that the interests of the Australian community are protected.

Character requirements

Character requirements refers to the ‘character’ or ‘reputation’ of the visa applicant.

They must ensure that a visa applicant is a person of good character and would not present any threat or danger to the public community.

Health requirements

Health requirement is similar where they must ensure that the person is free of any disease which may be a threat to the Australian community. They will also ensure protecting the Australian’s access to medical access and community services because some medical conditions may require very special types of care or require medical treatment which is short of supply in Australia.

More about this:

Health Requirement

Australia has one of the highest health standards in the world. As such, all visa applications contain a health requirement. Candidates must undergo certain health assessments to ensure that they meet the health requirement to enter and remain in Australia. 

Under the health requirement, certain health conditions are considered a public threat to the Australian community.

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This includes the following conditions:

  • Measles
  • Active Tuberculosis

Even if you do not have a condition which would be considered a public threat, you must still show that you are free of any other diseases which may cause a significant burden to the Australian health and community services or be a significant cost to the Australian community.

Some health conditions which may warrant further assessment are;

  • Hepatitis
  • HIV
  • Cancer
  • Alzheimer’s
  • Renal Disease or Failure

Each visa has a different health requirement (4005 and 4007). The difference is whether a health waiver would be available. A health waiver allows those who do not meet the health requirement to still be granted the visa provided they can sign an undertaking and demonstrate that their condition would not result in a significant cost to the community or prevent Australians from accessing health or community services in short supply. 

If you have any medical condition listed above, or any other medical condition that requires long term treatment, then you should enquire with us to see whether you meet the health requirements. 

Character Requirement

Most visa applications to enter or remain in Australia contain a good character requirement. If you have had a past criminal record (including a charge, spent convictions etc.) there is a chance that you may not meet the character requirement to enter Australia.

Being able to enter, reside and live in Australia is a privilege. The Australian government will only grant a visa to those who are of good character and do not pose any threat or danger to the Australian community.

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You may not pass the character requirement if you:

  • Have a substantial criminal record
  • Are reasonably suspected to be associated with a person, group or organisation involved in criminal conduct
  • Escaped from immigration detention
  • Convicted or found guilty of one or more sexually based offences involving a child
  • Have been convicted of a domestic violence offence or have been subject to a domestic violence order.

Most people have a misconception that you can pass the character test as long as you have not been sentenced to imprisonment for more than 12 months however this is not true. That is only one element of the character requirement. Even a long-standing history of criminal record (not resulting in imprisonment) or a bad history of general conduct can lead an applicant to be refused a visa on the basis that they do not meet the character requirements.

Even after your visa is cancelled, you are still subject to the good character provisions. That is, if you commit a crime in Australia or otherwise engage in bad criminal or general conduct then your visa may still be cancelled.

Since 2018, The Australian Government has been tightening the character test making it more difficult to pass especially for those being involved in violent or serious offences. You can read more about the character test here: Strengthening the Character Test 2021

If you are unsure whether you qualify, you should book in a consultation with us to discover more.

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