Admittedly, one of the most promising aspects of acquiring permanent residency lies in the advantageous access to affordable healthcare-related services it provides. Existing misconceptions often portray Medicare as a privilege only granted to citizens and permanent residents, notwithstanding the fact that its benefits are afforded to a broader range of applicants.[1] This article outlines the criteria for enrolment in Medicare to ensure our clients are equipped to maximise their visa benefits.
WHEN (you applied or arrived) & WHAT (visa you applied for)
Permanent Residency (including Permanent Protection Visa (Subclass 866))
Have you applied for permanent residency?
If you seek to enrol as an Australian resident, you may do so if you have applied for a permanent visa – apart from Parent visas. Provided you have done so, you may enrol from the date you applied for permanent residency.
Do you live in Australia?
Naturally, access to Medicare benefits is restricted to those currently residing in Australia. If you have applied for your permanent residency while overseas, you may enrol in Medicare from the date you arrive(d) to live in Australia.
If the above are satisfied:
Does your current Bridging visa allow you to work?
Whilst your permanent residency application is being processed, you may have access to Medicare if you are on a Bridging visa with work rights attached.
If not, do you have any of the following?
- A parent, spouse or child who is an Australian citizen.
- A parent, spouse or child who is a permanent resident.
- A parent, spouse or child who is a New Zealand citizen living in Australia.
If you answered the criteria stipulated above in the affirmative, congratulations! You are entitled to enrol in Medicare. We encourage you to familiarise yourself with the benefits of such entitlement while your permanent visa application is being processed.
While you’re awaiting an appeal for a Visa Refusal
If your permanent visa application has been refused and you have lodged an appeal, you may enrol in Medicare or remain eligible whilst you await the outcome of your appeal. Along with other identification and visa documents, you must provide evidence that you have lodged an appeal or a request for ministerial intervention dated within 2 years.
Temporary Visas Eligible for Medicare
Temporary visa holders are commonly overlooked (to their detriment) when discussing Medicare eligibility. However, it is imperative to note that whilst permanent visa applicants are entitled to access Medicare during their application process, temporary visa applicants do not share the same entitlement. Conversely, individuals must already hold any of the following temporary visas prior to or upon enrolment in Medicare. If you are waiting for your temporary visa to be granted, you do not qualify for Medicare.
The following temporary visa holders covered by one of these Ministerial Orders are eligible for enrolment in Medicare:[2]
- Contributory Parent visas (subclasses 173, 143, 884, 864)
- De facto partners of Australian citizens or permanent residents
- Fulbright scholars
- Humanitarian Stay (temporary) visa (subclass 449)
- Participants in the family accompaniment pilot under the Pacific Australian Labour Mobility (PALM) scheme (subclass 403)
- Removal Pending Bridging visa (subclass 070)
- Safe Haven Enterprise visa (subclass 790)
- Secondary Movement Offshore Entry visa XB (subclass 447)
- Skilled Employer Sponsored Regional Provisional visa (subclass 494)
- Skilled Work Regional Provisional visa (subclass 491)
- Support for Victims of People Trafficking Program
- Temporary Humanitarian Concern visa (subclass 786)
- Temporary Protection visa (subclass 785)
- Unauthorised maritime arrivals holding a Bridging E (Class WE) visa
- Witness Protection (Trafficking) Temporary visa (subclass 787).
Visitors to Australia on Reciprocal Health Care Agreement
Access to Medicare may even extend to visitors under Reciprocal Health Care Agreements, entitling visitors to access Medicare while visiting Australia.[3] If you are visiting from any of the listed countries, you may enrol in Medicare.
- Belgium
- Finland
- Italy
- Malta
- Netherlands
- New Zealand
- Norway
- Republic of Ireland
- Slovenia
- Sweden
- United Kingdom
At Kris Ahn Lawyers, we endeavour to notify you of any visa benefits you are entitled to that you may not already know of.
Please contact Kris Ahn Lawyers for any further inquiries regarding your visa entitlements.
For more information about medicare, please refer to the medicare official website.
[1] Health Insurance Act 1973 (Cth).
[2] Ibid s 6A.
[3] Ibid s 7.
Disclaimer: Not Legal Advice
The information provided in this blog post/article is for general informational purposes only. It does not constitute legal advice or create a representative-client relationship. While we strive to provide accurate and up-to-date information, the content may not reflect the most current legal developments or specific circumstances.
Do not rely solely on the information presented here – but please book in a consultation with us to see how you this information applies to you and may benefit you. Any reliance on the material in this post is at your own risk.
Australian immigration law is arguably one of the most complex laws in Australia. Seek professional legal advice tailored to your individual needs before making any decisions based on the content of this post.
