When applying for an Australian visa, every applicant must meet the character and health requirements. If you do not meet these requirements, your visa could be refused. However, in certain cases, you may be able to apply for a waiver — meaning the Department of Home Affairs may still grant you a visa even if you fail one of these checks on compelling and compassionate grounds.

At Stojanovic & Associates, we specialise in helping clients manage complex visa issues, including character and health problems. In this blog, we explain what character and health waivers are, when they apply, and how you can improve your chances of success.

What is a Character Waiver?

The Department of Home Affairs must be satisfied that you are of good character. You may fail the character test if you:

• Have a substantial criminal record
  
  
• Have been convicted of offences involving but not limited to violence, sexual offences, or drug trafficking
  
  
• Have associations with criminal organisations
  
  
• Have been involved in conduct considered a risk to the Australian community
  
  

If you fail the character test, you may still be eligible for a visa if a character waiver is available for your visa subclass.

When considering a waiver, the Department will look at:

• The protection and expectations of the Australian community
  
  
• The best interests of any children involved
  
  
• Your ties to Australia (family, business, community links)
  
  
• The seriousness of your conduct and your risk of reoffending
  
  
• Evidence of rehabilitation and good behaviour since your offence
  
  

You will need strong evidence to show that, despite your record, it is in Australia’s interests to grant you the visa.

Important: Not all visas allow for a character waiver. Some visa refusals on character grounds are automatic and have very limited review rights.

What is a Health Waiver?

All visa applicants must also meet the health requirement. You may fail the health check if:

• You have a medical condition that may require significant health care costs
  
  
• You have a condition that may prejudice access to health care or community services for Australian citizens
  
  
• You have an illness that poses a public health risk (such as active tuberculosis)
  
  

If you fail the health requirement, a health waiver might be available depending on the visa subclass.

When deciding whether to grant a health waiver, the Department will consider:

• The impact your health care needs might have on Australia’s health system
  
  
• Whether any strong compassionate or compelling circumstances apply
  
  
• Whether the costs or demands are outweighed by your contribution to Australia (economic, social, or community)
  
  

Examples where health waivers are sometimes granted:

• An applicant with a disability who has strong family support in Australia
  
  
• A skilled migrant whose skills are in high demand
  
  
• A partner visa applicant whose spouse is an Australian citizen
  
  

Which Visas Allow Character and Health Waivers?

Health and character waivers are available for some, but not all, visas. Common visa types that may allow waivers include:

• Partner visas (subclass 820/801, 309/100)
  
  
• Protection visas (subclass 866)
  
  
• Employer-sponsored visas (subclass 482, 186)
  
  
• Some skilled visas and Student Visas
  
  

Important: Visitor visas and temporary visas generally do not allow for waivers. If you fail the health or character test for these, your visa will usually be refused without any option for a waiver. (delete this)

How Stojanovic & Associates Can Help

Applying for a character or health waiver is complicated and highly technical. Success depends on:

• Preparing strong legal submissions
  
  
• Gathering persuasive evidence
  
  
• Understanding exactly what factors the Department considers
  
  

At Stojanovic & Associates, we can:

• Advise you if you are eligible for a waiver
  
  
• Help you prepare detailed submissions and evidence
  
  
• Represent you in any review proceedings if your visa is refused
  
  

If you have concerns about meeting the health or character requirements, do not delay. Contact us today for professional advice tailored to your situation.