How to Migrate to Australia: A guide for People with HIV

Most Australian visas are subject to a requirement which would make sure applicants commit to meeting certain criteria, especially when it comes to health. Which comes as to no surprise why the health checks often performed by the Department of Immigration and Border Protection include an HIV test.

Visa applicants affected with HIV are assessed against a range of health requirements where applicable. These can be found on Schedule 4 of the Migration Regulations 1994.

Generally, what is required in each criterion would need applicants to be assessed to know the following:

• If the non-citizen is free from tuberculosis
• If the non-citizen is free from a disease or condition that may cause him or her to be a threat to the country’s public health, or become a danger to community
• If the non-citizen is free from a disease or a condition which would most probably require him or her to have health care, or be committed to community services, or meet the medical criteria a community service’s provision, and that the provision of such services would most likely result in a weighty cost to the community in either or both healthcare and community service areas, or compromise an Australian citizen or permanent resident’s access to health care or community services.

It does not matter if the healthcare or the community services will be used in connection with the non-citizen with the related condition, this test will apply to him or her.

While the 1^st and 2^nd requirements are not usually related to those who have HIV in our opinion, the 3^rd requirement usually is.

Because of this, the DIBP commissions a medical officer’s services for a valid assessment to be performed as to whether the condition of an applicant with HIV would generate significant costs to healthcare and community services, should a visa be granted. Currently, there is a $40,000 policy threshold for the level of costs considered to be significant.

The estimated cost for temporary visa applicants’ proposed stay in the country is considered over the period of the visa’s validity. The time period for permanent visa applicants for estimating costs is usually assessed over a period of 5 years, but that still depends as it could be longer.

A person affected by HIV is usually not able to meet the requirement for the relevant health criterion due to the threshold and the considerably high costs of the Highly Active Anti-Retroviral Therapy program. However, this would still depend on the viral load as well as the condition of the applicant.

In-spite of this, HIV positive applicants who are presently not receiving treatment as well as not anticipated for the any visa’s duration, can possibly meet the health criteria as well as get lower costings if applying for shorter term visas. This is why extra care needs to be taken in terms of finding out how long they are proposing to stay through their temporary visa application.

Can you still live in Australia permanent even if you’re HIV positive?

It all depends on the type of visa the person is applying for, and if the health criterion that can capture the affected applicant can be waived.

Though not made available universally, health waivers can still be procured for a number of skilled, family, and other types of visas to this day. It can be accessed by giving proof that there are certain circumstances present which would require a waiver in the first instance of the related health criterion.

What are the circumstances that you can get a health waiver?

The factors the DIBP will take into consideration when it comes to deciding if a health waiver is generally allowable include:

• The impact it would have on children who are Australian citizens, and the significance of any family ties
• The effect it would make to the health of the applicant if forced to relocate
• If there are benefits to the Australian community or the economy should the affected applicant and/or their family members be given the waiver
• If the affected applicant or his/her sponsor has the ability to offset the possible treatment costs
• Other factors that can be considered as relevant

Can an HIV positive non-citizen get a partner visa?

Yes, as partner visas are one of the Australian visas that do have an embedded health waiver within. This however, does not guarantee a successful application. Nevertheless, an HIV positive applicant would still need to prove that they deserve to be given such a waiver.

If an HIV positive person is applying for a visa, are there any reasonable considerations that should be looked into to support their application?

Careful strategic considerations will be usually taken towards an HIV positive person’s visa application, in terms of determining if there is a suitable option for a visa which has a provision for a health waiver. If there is one available, and if it is in conjunction with any treating providers, the first thing to do among other things is the establishment of the condition’s full extent such as the CD4+ cell count, if there are co-infection issues, if there is a treatment being made as of the present, etc.

Once these are all established, preparations need to be put into detail in a way that in-spite of the applicant’s condition, he or she will still have great odds in gaining entry, and staying in Australia.

Source: www.samesame.com.au