Can You Get an Australian Partner Visa If You're HIV Positive?

5 days ago
4 min read

There's a common misconception that living with HIV automatically disqualifies you from receiving a permanent Australian visa. That isn't true. While an HIV-positive applicant is unlikely to pass the standard health requirement outright, a dedicated pathway exists — and many people have successfully walked it.

What Is the PIC 4007 Health Waiver?

A health waiver is a legal provision that allows the Department of Home Affairs to grant a visa even when an applicant does not meet the standard health requirement. In simple terms, if your medical condition is likely to require healthcare or community services costing more than a specified threshold, you would normally fail the health requirement — but if your visa subclass allows a waiver and you can show that granting the visa would not lead to "undue cost or prejudice," the Department may exercise its discretion.

For partner visa applicants, this waiver is assessed under Public Interest Criteria (PIC) 4007.

Which Visa Subclasses of Partner Visa Are Covered?

The health requirement — and the waiver pathway — applies to the following partner visa subclasses:

Subclass 820/801 (Onshore Partner Visa)
Subclass 309/100 (Offshore Partner Visa)
Subclass 300 (Prospective Marriage Visa)

Health assessments for onshore applicants are conducted through BUPA, while offshore applicants arrange their assessment through a panel clinic authorised by the Department of Home Affairs in their country of residence.

What Happens During the Health Assessment of Partner Visa ?

When you apply for a Partner Visa, you will be required to complete a visa medical. This includes an assessment with a doctor who will review your medical history, ask about any medications you take, and perform a physical examination. A blood test for HIV is included as part of this process.

The Medical Officer of the Commonwealth (MOC) then reviews your results and provides an opinion on whether you meet the health requirement. For most HIV-positive applicants, this will result in a finding that the health criteria has not been met, primarily due to the projected long-term costs of antiretroviral therapy (ART) and specialist care.

It's important to understand that the MOC will base their opinion on the treatment a hypothetical person in your situation — taking the medication you are taking or may need to take — will need during their lifetime. The health criteria apply regardless of whether you intend to use Medicare or not.

The Cost Threshold

The significant cost threshold is currently set at $86,000. If you have a permanent or ongoing condition with a reasonably predictable course (such as living with HIV with undetectable viral loads), the MOC will assess your health costs over your remaining life expectancy up to a maximum of 10 years.

This represents a meaningful improvement from earlier policy, which previously calculated costs over a person's full lifetime. Capping the assessment period at 10 years has made health waiver applications more viable for many people.

What Does a Successful Waiver Require?

A waiver application asks the Department to acknowledge that, despite the significant projected costs, there is sufficient reason — moral, compassionate, or practical — to approve the visa anyway. Waivers are granted on a discretionary basis by the Department of Home Affairs, considering the applicant's ability to mitigate the costs associated with the condition and any compassionate and compelling circumstances that suggest it is in the best interests of the Australian community to waive the health requirement.

Key factors the Department will weigh include:

Family ties and the impact on children — particularly Australian citizen children affected by a potential refusal
The applicant's financial capacity to self-fund treatment, reducing the burden on public health services
The sponsor's circumstances — what would happen to your Australian partner if the waiver were refused and you were forced to remain offshore?
Your contribution to Australia — employment, taxes, skills, and community participation
The effect on your health of being forced to relocate or remain separated
Any other compelling or compassionate circumstances specific to your situation

Applying for a health waiver involves strict timelines and a high standard of documentation. It is not simply a matter of demonstrating good health or wealth — it requires building a legal and evidential argument tailored to your individual circumstances.

Timing and Process

One critical point: you must wait for the Department's formal invitation before submitting a waiver application — you cannot submit one proactively. That said, you should absolutely begin preparing your case well in advance. Gather documentation of your treatment history, current viral load and CD4+ count, financial records, and evidence of your relationship and family ties before that letter arrives.

Also note: even if you plan to seek a waiver, you are still required to complete all medical examinations as part of your visa application — including HIV testing. Do not skip or delay the medical.

Reforms and the Road Ahead

Australia's recent Multicultural Framework Review stresses social cohesion and inclusion, yet certain migration rules may undermine these aims. There is growing advocacy for expanding the health waiver mechanism more broadly across visa categories, recognising that the current system can produce unequal outcomes depending purely on which visa type a person applies for. The current dichotomy between PIC 4005 (no waiver) and PIC 4007 (waiver available) creates inequities, where outcomes depend arbitrarily on visa subclass rather than individual circumstances.

Get Professional Advice

HIV health waiver applications are among the more complex matters in Australian migration law. The strength of your submission the quality of your medical evidence, financial documentation, and legal arguments can make the difference between approval and refusal.

Seek advice from a Registered Migration Agent or immigration lawyer experienced in health waiver cases before you lodge your visa application or attend your medical. At Emigrate Lawyers, our team has hands-on experience navigating PIC 4007 health waiver applications and can guide you through every stage of the process. Forward planning gives you the best possible chance of success.

Contact Emigrate Lawyers today for a confidential consultation on your HIV health waiver and Australian partner visa options.

This article is general in nature and does not constitute legal or migration advice. Individual circumstances vary significantly — always consult a qualified professional.