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602 Medical Treatment Visa

Medical Treatment visas allow the holders to enter and remain in Australia for a period shorter than 1 year for the purposes relating to medical treatment. There are largely 5 circumstances under which applicants may satisfy the eligibility criteria, and the circumstances are satisfied when your intention for the travel is to

  • Undertake medical treatment or a consultation;
  • Donate an organ;
  • Accompany someone who is coming to Australia to undertake medical treatment, receive a consultation or to donate an organ;
  • If you are a citizen of Papua New Guinea and subject to the arrangements between the Western Province of Papua New Guinea and the Queensland Government;
  • If you are over 50 and have been refused a permanent visa because of poor health and being medically unfit to travel out of Australia.

These visas are not issued with work rights, but work rights may rarely be granted if you could demonstrate with evidence that you are suffering from financial hardship due to factors which came into effect after your arrival into Australia.

 

Purpose of Visit

The primary purpose of application for this visa must be one of the following:

 

Medical Treatment

You must produce evidence that you are looking to obtain medical treatment or attend a medical consultation in Australia. All treatment or consultations must be fully organised and paid for prior to applying for the visa. If your health condition may pose a threat to the Australian community, the visa may be refused.

 

Organ Donation

If you are travelling to Australia in order to donate an organ, the organ donation must be made whilst in Australia. The donation must be fully organised and paid for prior to your application for this visa. Health examination may be requested prior to the visa being granted. Moreover, there must be no potential cost to the Australian taxpayer in relation to the donation.

If you are donating an organ to another Subclass 602 visa applicant, that applicant must also satisfy the criteria separately.

 

Support Person

If you are accompanying as a support person for a holder of a Subclass 602 visa who is coming to Australia to undertake medical treatment, receive a consultation or to donate an organ, you may qualify for this visa. The Department may require that you undergo a health examination.

 

Western Province of Papua New Guinea

Citizens of Papua New Guinea who reside in the Western Province of the country may obtain a Subclass 603 visa if their medical evacuation to Australia is approved by Queensland’s Department of Health.

 

Unfit to Depart

You may qualify for a Subclass 602 visa if you satisfy the following conditions:

  • 50 years old or older; and
  • Currently in Australia; and
  • Have applied for a permanent visa and the permanent visa application was refused because of poor health conditions; and
  • Medically unfit to depart Australia due to the conditions.

 

No Disadvantage to Australians

If the medical treatment being sought by an applicant for a Subclass 602 visa is short in supply in relation to the level of demand by Australians, the visa application may be refused. The legislative intention is to enforce that Australian citizens or permanent residents are not disadvantaged in obtaining these treatments as a result of the additional demand by the foreign citizens. Applicants on the ground of being unfit to depart Australia are generally exempt from this consideration. The treatments that have been designated as being prejudicial to the Australian interests include:

  • Transplants (dependent on the identity of the donor and certain other factors); and
  • Dialysis (unless the treatment is undertaken in a private hospital).

 

Genuine Temporary Entrant

You must demonstrate to the Department that you do not intend to stay in Australia beyond the necessary period for which the visa to be granted. Depending on which country you are a citizen of and what your personal situation is at home, the Department may raise concerns regarding your true intention. If you are from an underdeveloped country, a higher threshold of proof would likely apply and your intention may be more heavily scrutinized by the Department.

 

Relevant Public Interest Criteria

Unless there are compelling and compassionate circumstances, applicants must satisfy the following:

  • 4001, 4002, 4003, 4004, 4013 and 4014. 

All applicants must satisfy the following:

  • 4020 and 4021.

Applicants under the age of 18 must also satisfy the following:

  • 4012, 4017 and 4018.

 

Relevant Special Return Criteria

5001, 5002 and 5010.

 

Limitation on Stay

If you are applying whilst in Australia, if granting your visitor visa would result in you staying in Australia for more than 12 months in the last 18 months, your application would likely be refused unless there are compelling and compassionate circumstances. The need for medical treatment itself often satisfies the circumstances as being “compelling and compassionate.”

 

Visa Conditions

For all applicants, the following condition is mandatory:

    • 8201: While in Australia, the holder must not engage, for more than 3 months, in any studies or training.

The following conditions are additionally mandatory unless there are compelling and compassionate circumstances:

    • 8101: The holder must not engage in work in Australia.

The following condition may be imposed:

    • 8503: The holder will not, after entering Australia, be entitled to be granted a substantive visa, other than a protection visa, while the holder remains in Australia.

 

Medical Treatment Visa Application Charges

  • Base application charge: $360
  • Additional applicant charge for an applicant who is at least 18: $180
  • Additional applicant charge for an applicant who is less than 18: $90

Note: If you are in Australia and have applied for a temporary visa in Australia before, you may be required to pay an additional “subsequent temporary application charge” of $700.

 

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