Starting from October 16, 2024, significant changes will be introduced regarding health requirements for children born in Australia during the visa application process. Amendments to the Public Interest Criteria (PIC) 4005 and 4007 will offer relief for minor visa applicants who were born and ordinarily reside in Australia.

Key Changes

Under the new regulations, children born in Australia during their parents' visa application process will no longer be required to pass a medical examination. This change removes a significant barrier that previously affected some families.

Who Benefits

This amendment applies to children who meet two specific criteria:

  1. Born in Australia
  2. Ordinarily resident in Australia

To qualify as "ordinarily resident," the child must have lived in Australia for more than 50% of their life from birth until the lodgement date of their visa application.

Impact on Visa Applications

Previously, children born in Australia during the visa application process could face visa refusal due to medical conditions requiring costly healthcare or community services. The new provision removes this obstacle, allowing children who meet the criteria to continue their visa applications without the need to satisfy stringent health requirements.

Verification Process

Visa processing officers will verify a child’s eligibility for these special considerations by:

  • Confirming Australian birth through a full standard Australian Birth Certificate issued by Births, Deaths, and Marriages.
  • Calculating the child's residency using movement records to ensure they meet the "ordinarily resident" requirement.

Significance of the Change

This amendment acknowledges that children born and ordinarily resident in Australia have an inherent connection to the Australian community. It aims to streamline the visa application process for families and reduce potential barriers for children who have spent most of their lives in Australia.

Conclusion

These changes mark a significant shift in Australia’s approach to health requirements for children born within its borders during the visa application process. By removing the need for medical examinations, the government simplifies the pathway to visa approval, acknowledging the unique circumstances of these children and supporting many families in their migration journey.