You’ve applied for a Partner Visa – can you get Medicare?
Partner visa applicants who are in Australia may be eligible for Medicare from the time they lodge their partner visa application.
That is, they can potentially have access to Medicare before they receive a decision on their partner visa application.
Alternatively, some partner visa applicants are eligible for Medicare because they already hold a temporary visa with work rights (a student visa for example), or from the date their bridging visa with work rights commences.
How does this work?
The Health Insurance Act 1973 determines who is eligible for Medicare.
Section 3 of the Act states that:
An ‘eligible person’ means an Australian resident or an eligible overseas representative.
Section 3 of the Act also States that:
‘Australian resident’ means a person who resides in Australia and who is:
…
(f) a person who:
(i) is, within the meaning of the Migration Act 1958, the holder of a temporary visa; and
(ii) has applied for a permanent visa under that Act and the application has not been withdrawn or otherwise finally determined; and
and
(v) in respect of whom either:
(A) another person, being the person’s spouse, parent or child (each having the same meaning as in the Migration Act 1958), is an Australian citizen or the holder of a permanent visa under that Act;
or
(B) an authority to work in Australia is in force.
How this applies to a partner visa applicant
A partner visa applicant in Australia will hold a temporary visa (such as a bridging visa, a student visa or a visitor visa, for example) – so section 3 (i) is met.
A partner visa application is an application for both a temporary partner visa and a permanent partner visa.
So a partner visa applicant has applied for a permanent visa (as well as applying for a temportary visa) – so section 3 (ii) is met.
If the partner visa applicant is married to their sponsor and their sponsor is an Australian citizen or permanent resident – section 3(v)(A) is met.
If the partner visa applicant is not married to their sponsor, then they may be eligible becuase they already hold a temporary visa with work rights (for example, a student visa or a Bridging visa with work rights) – section 3(v)(B) is met.
Feel free to contact me if you would like to book a consultation for more information about anything mentioned here.
Regards.
Ross McDougall.
Solicitor / Immigration Lawyer
www.rpmlawyers.com.au
Tel: 08 8528 9187
This information is correct at March 20th, 2022. But, keep in mind that immigration law changes from time to time.
