• Provide complete health examinations;
• Not be assessed by the Medical Officer of the Commonwealth (MOC) as having Active Tuberculosis (TB) or any other condition deemed as a threat to our public health system or a danger to the Australian community
• Not have a condition that is likely to result in a significant cost to the Australian community in terms of healthcare and community services

This area is complex and is in place to ensure that healthcare for Australians is safeguarded against dangerous diseases and other encumbrances that affect our health care system.

There are of course critical exceptions to this policy. This is where health waivers are available to some visa subclasses:

Temporary 457 visa application

There are circumstances where the minister may grant a health waiver for a 457 visa applicant or their family members.

The sponsoring employer needs to provide the Department with a written undertaking, which agrees to cover all costs related to the disease or condition that caused the applicant or their family members to fail the health criteria.

Permanent visa application

This is only available for applicants applying under the 186 temporary residence transition stream and is determined on a case by case basis. This is a complex area and it is our advice that you seek professional assistance in relation to the health waiver.

You won’t be able to pass the character test if:

• You have a substantial criminal record (sentenced to 12 months or more in prison or have a suspended sentence)
• Have been convicted of escaping from immigration detention or been charged/convicted of an offence while you were in detention
• You have an association with persons, groups or organisations that are involved in criminal conduct, smuggling, people trafficking, genocide, war crimes, or crimes of serious international concern
• There is a risk that you would commit a serious crime whilst in Australia
• You have been convicted of sexual based offences involving children
• You are subject to an adverse assessment by the Australian Security Intelligence Organisation
• You are subject to Interpol notice where you are a risk to the Australian community

The Department of Immigration and Border Protection has tough laws and guidelines on character problems which means that they will refuse your visa if you fail the character test.

The consequences are stern; if you are in Australia you may be detained and then returned home.