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I need medical treatment in Australia & need an accompanying family member to help me. What Australian visa do I apply for?

If you are wanting to get medical treatment in Australia and are not an Australian citizen (or providing support to someone seeking medical treatment), you may wish to apply for a Medical Treatment (UB-602) visa (MTV).  

The following article provides some guidelines and questions you can consider in deciding whether an MTV visa is appropriate for you.  

MEDICAL TREATMENT  

What kind of Medical Treatment is covered?  

The medical treatment criteria is included in the Eligibility for Medical Treatment Subclass 602 Visa and requires visa applicants to be in one of the following situations:  

  • Intend to have medical treatment or consultations in Australia 
  • Intend to donate an organ to someone in Australia 
  • Intend to support a patient or organ donor who holds or is applying for this visa 
  • Intend to receive an organ from someone who travels to Australia with you 
  • Intend to come to Australia under the arrangements between the Western Province of Papua New Guinea and the Queensland Department of Health 
  • Be in Australia, aged 50 years or older, been refused an Australian permanent visa on health grounds only and are unfit to depart Australia 

What type of Medical Treatment is not covered?  

Medical Treatment not covered under this visa include: 

  • Treatment for the purposes of surrogate motherhood 
  • Alternative health care services such as homeopathy   
  • Conditions that do not pose a threat to public health  

APPLICATION REQUIREMENTS  

Is the visa limited to those seeking medical treatment?  

MTV Applicants can also include:  

  • Papua New Guinea Nationals who live in the Western Province who are receiving medical treatment in a Queensland hospital  
  • Support person including carer or relative, dependants of the person seeking medical treatment  

What are the conditions for a dependent/carer/support person on the MTV?  

Dependents, carers and support people may apply for an MTV. They are permitted to stay in Australia for the length of the medical treatment. When a support person is lodging their application, they will need to lodge their application together with the person receiving the medical treatment.  

Can the MTV be applied for onshore? 

Yes, an MTV can be applied from Australia.  

Are there any age restrictions?  

There is no age limitation when applying for this visa.  

What is a Medical Treatment Plan? Does this need to be paid?  

A Medical Treatment Plan outlines the specific anticipated medical procedure, costs and other relevant associated information.  

It is vital that when submitting this plan and lodging the application, the applicant provides evidence that the costs have been paid or evidence of funds for the medical treatment.   

When applying for an MTV, a Medical Treatment Plan must be provided. This indicates to the Department genuine bona fides towards accessing medical treatment.  

What Medical Treatment Documents must be provided when applying?  

There are various documents which must be attached to the application including:  

Written Confirmation from the doctor or hospital.  

The written confirmation must include information stating:  

  • that they agree to treat you;  
  • that satisfactory arrangements have been made for the payment of all costs associated with the treatment; • the nature of the treatment 
  • the admission date (if applicable) 
  • the period you will be under medical care in Australia 
  • no Australian citizen or permanent resident will be disadvantaged in obtaining medical treatment. 

If an applicant does not hold a substantial Australian visa, they will need to complete a Form 1507 – Evidence of Intended Medical Treatment including information outlining:  

  • Medical condition requiring treatment; 
  • Treatment information; 
  • Details of medical practice where the treatment is being or will be, provided; 
  • Declaration by examining or consulting registered medical practitioner 

VISA TRAVEL LENGTH AND EXCLUSION 

What is the length of the visa?  

The length of the visa will be the length of the time to receive the medical treatment.  

In certain cases, however, MTVs may be appropriate for applicants in Australia who need ongoing medical treatment and are unable to depart Australia due to their health condition. 

Can I extend my stay while on this visa?  

No, the length of the visa is limited to the length of the procedure. It is a temporary visa.  

Can I leave Australia while on this visa?  

Under this visa, you may be given multiple entries to Australia under this visa.  

What other visas exclude you from applying for a MTV?   

An MTV can be applied for under most Australia visas.  

The criteria permits a large range of potential applicants.  

If you hold the following visas or meet the following conditions, you cannot apply for an MTV:   

  • The substantive temporary visa held by the applicant is not a Subclass 403 (Temporary Work (International Relations); 
  • Domestic Worker (Diplomatic or Consular) visa stream; 
  • If the visa currently held (or last held) has a “no further stay” condition (that is, condition 8503) imposed, unless that condition has been waived. 

STUDYING OR TRAINING  

Can I study or train on an MTV visa?  

MTV holders have strict rights regarding work or studying.  

  • Work – Generally, working rights will not be included under this visa – however, if an applicant can demonstrate financial hardship – they may be able to access working rights.  
  • Study – This visa permits study for 3 months (however, exemptions are permitted if the applicant meets the criteria).  

What are the conditions for demonstrating financial hardship?  

MTV holders in Australia who are in financial hardship are, in certain circumstances, able to be granted an MTV with work rights attached.  

To be granted an MTV with work rights, applicants: 

  • must continue to satisfy criteria under either the medical treatment, organ donor , support person , Western Province of Papua New Guinea, or unfit to depart subclauses.  
  • must be in Australia 
  • must hold a Medical Treatment visa 
  • must be suffering financial hardship as a result of changed circumstances after entering Australia 
  • must, or a member of their family must, be likely to become a charge on the Commonwealth, a state or territory or a public authority, 
  • must, or a member of their family must, be unable to leave Australia for reasons beyond their control 
  • must have compelling personal reasons to work, and 
  • must satisfy public interest criteria 4005. 

EXPENSES 

Who will fund the medical expenses?  

It is a requirement that Medical Treatment Visa holders can adequately finance their medical treatment, travels and living expenses whilst in Australia.  

COST OF VISA  

How much does the visa cost?  

There are no costs if the applicant applies for this visa outside of Australia or on behalf of a foreign government.  

If the applicant applies and is onshore in Australia, there is a cost associated – currently 320AUD.  

Need Assistance with a Medical Treatment Visa Application? We can Help!  

Our experienced Migration Lawyers provide assistance over a range of migration matters. If you are wanting to apply for a Medical Treatment Visa, we can assist in this process. Contact us to discuss your migration enquiry & book an appointment.   

This article was written by Marisol Tobon and Prini Avia  

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