Character and Health Requirement in Visa Applications: A Complete Guide

When applying for a visa, student, partner, skilled, or permanent residency, it is essential to meet the health and character requirements, just as it is important to meet the financial criteria, points test, and relationship evidence requirements. These requirements often surprise applicants, who become more focused on the documents and the eligibility criteria. It is common for applicants to suffer the consequences of an old, minor offence or health issue. This guide explains two of the visa application requirements, and the reason they are included, so you can adequately prepare for your visa application.

Why Do Health and Character Requirements Exist?

Governments use immigration systems to protect the wellbeing of their existing population while still welcoming genuine migrants. The health and character requirements exist to:

• Safeguard public health and safety from especially communicable diseases like active tuberculosis.
• Identify and manage the cost burden on public health care and community services.
• Ensure persons entering the country do not place public safety and community at a risk.
• Reinforce the public’s trust in the integrity of the immigration system.

The criteria will be used for almost all visa categories (temporary, student, skilled, partner and permanent). A visa application assessment for almost all visa classes (temporary visa, student visa, skilled visa, partner visa, permanent visa) is subject to these requirements, although the requirements may vary depending on the visa class that you apply to along with your personal and nationality requirements.

What the Health Requirement Covers.

Who is Required to have a Health Examination?

A health assessment is usually required for most visa applicants and most of their family members (including family members not migrating). Full health examination may be required based on:

• The specific visa subclass you are applying for.
• The planned length of stay.
• The country you are from or the country you have recently visited (especially those with high incidence of tuberculosis).
• Existing health conditions.

What Is Involved in a Health Check?

A normal health check may include:

• A general medical check-up by a registered panel doctor
• A chest X-ray to check for tuberculosis
• Blood tests, if required
• Other specialist tests if a health condition is declared or identified

What Does It Mean to “Meet the Health Requirement”?

In general, you need to be free from any disease or health condition that:

1. Is a risk to the health and safety of the community (for example, tuberculosis which is active and untreated)
2. Will create a high cost to the health care and community services of the country
3. Will create a risk to the already limited health care and community services available to citizens and permanent residents

It is important to note that the existence of a medical condition is not a cause for an automatic refusal of the application. The medical condition is examined in the context of its cost and/or the effect it will have on the community compared to other health services. In a number of instances, a health waiver will be available, depending on the visa subclass.

Health Requirement Tips

• Only book your medical examination with an approved or panel doctor. Other medical examinations will probably not be accepted.
• Plan your timing carefully, as medical results are normally valid for 12 months. If you submit your medical examination too early, it may expire before the application is processed.
• Be honest and provide medical information for your condition. In many cases, it is better to declare the condition than it is to not declare anything.
• If you have a chronic condition, bring additional information to support your case. For example, bring treatment plans and reports from your specialists.
• Complex or borderline cases can expect a referral for senior medical officer review — which can itself increase turnaround times.

What You Can Cover — The Character Requirement

The doctrine of good moral character presents a simple inquiry: is the applicant of good moral character and, thus, does he or she endanger the community in which he or she seeks admission?

What Is Assessed?

Character assessments typically consider:

• Criminal history — including convictions, pending charges and association with criminal groups in some cases

• National security concerns

• Prior immigration compliance (e.g. visa overstays, deportation or prior refusals to be present)

• Reputation and general conduct, including facts underlying convictions

Police Clearance Certificates

As an applicant aged 16 or over, one of the requirement will be to obtain police clearance certificates for all countries in which you have lived cumulatively for 12 months or more in the preceding 10 years since the age of 16. Some important notes:

Timing is also key because certificates have a validity period (often, 12 months)

Certificates in other than English typically require a certified translation

If you’ve ever lived abroad, start early — processing times differ greatly by country

Are all minor offences automatically grounds for refusal?

• No. Character assessments generally weigh:
• The seriousness of the offence
• The sentence or penalty imposed
• How long ago it occurred
• Whether or not it is a continuation of the cyclical risk pattern

John writing from Ballarat: “A summary older offence is very much looked down upon when compared to a recent serious offence. On the topic of character test, while in certain jurisdictions your meeting any other visa criteria but not being able to pass the character test will lead to refusal/cancellation of visa.

The Golden Rule: Full Disclosure

You should take all information you have your data on a criminal record, health condition or history of visa refusal 트지 평가. Immigration authorities also cross-reference the information with international databases and data-sharing agreements. The Applicant Spark issue is usually not of realisation but can lead to a refusal on the grounds of integrity, that is far easier than obtaining visa.

Does a Family Member Also Need to Satisfy These Requirements?

Yes, in most cases. Dependent family members included in an application — including those who do not wish to migrate at the same time — are often required to meet health requirement. For character requirements they typically apply to all family members aged 16 and over.

What Happens If I Don’t Comply?

• Health: Some visa subclasses have a health waiver option which means that the visa may be granted even if you do not meet the health requirement but only based on individal circumstance. Some subclasses have this option available.
• Character: Failing the character test does not automatically result in a refusal, however it will often put the onus back onto the applicant to prove why they should still be granted a visa. Potentially further documentation, vetting by a specialized unit, or in some cases appeal.

The visa application procedure can be very complicated and challenging, particularly if you have a criminal record, health conditions or if there have been problems with immigration in the past, it is highly recommended that you seek the advice of a registered migration agent or immigration lawyer prior to submitting your visa application. 

The following is a short list of things to do prior to applying:

• [ ] Confirm which health checks apply to your specific visa subclass
• [ ] Book your medical exam with an approved panel physician, timed appropriately
• [ ] Identify every country you’ve lived in for 12+ months in the last 10 years
• [ ] Apply early for police clearance certificates, allowing for translation if needed
• [ ] Disclose all criminal history and medical conditions honestly, even if you think they’re minor
• [ ] Check whether your visa subclass allows for a health or character waiver, if relevant
• [ ] Keep certificates and medical results within their validity period through to decision

Final Thoughts

These health and character requirements are not set to “catch people out,” but rather to ensure public health, community safety and the integrity of the immigration system. They are best negotiated with good preparation, candor, and professional counsel, if you’re in a complicated position. Some preparation at the beginning of the application process can save you many hours, headaches and dollars later on.

This article does not provide legal or migration advice and is for general information only. The requirements are dependent on visa subclass and country and may change from time to time. It is important to always consult the appropriate immigration department or a licensed migration specialist for advice that is relevant to your situation.