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After a shock diagnosis, Carlos only reached an Australian visa after a ‘intrusive’ process
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After a shock diagnosis, Carlos only reached an Australian visa after a ‘intrusive’ process

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Highlights:
  • In Australia, the ‘considerable cost threshold’ for the requirements for immigration health is currently $ 86,000 over 10 years.
  • Although some types of visa, such as the visa of a few, allow applicants to find a ‘medical exemption’, the process is long and complex.
  • A lawyer from the HIV/AIDS Legal Center warns that people with HIV are often rejected without being properly informed about their legal rights or alternatives.
When Carlos Araya Perez arrived in Australia in 2018 from Chile with an industrial engineering diploma and a postgraduate visa, he hoped to improve his English, find a satisfactory job and grow professionally.

“I had lived in Ireland for a year and wanted to continue traveling. Under the options I was looking for was Australia. I wanted something that matches my profession and would give me more opportunities,” Perez told SBS Spanish.

Carlos Araya Perez arrived in Australia from Chile in 2018. Credit: Delivered by Carlos Araya Perez

But when he arrived, his lack of local experience and contacts led him away from the engineering field to informal work.

After the COVID-19 Pandemic hit, Perez says that he no longer had a job and was out of savings, without benefits in a friend’s studio.
It was then that an HIV diagnosis made its situation even more precarious.
HIV, or human immunodeficiency virus, is a virus that attacks the body’s immune system and can lead to AIDS if untreated.
“It was the icing on the cake, but I saw it as an opportunity to grow,” he said.

“I am resilient, and from the first week I had the feeling that it was something I couldn’t change. I concentrated on what I could do: take care of my health and change my perspective on myself.”

He started his treatment through a compassionate access program, albeit with a level of uncertainty.

“I was worried about access to medication. It was not free and the program was renewed from time to time. That uncertainty scared me the most.”

What is the ‘considerable cost threshold’?

What Perez initially did not realize was that his diagnosis would have migrating consequences.

When he registered a permanent stay, he discovered that his medical condition would exclude him because he surpassed the ‘significant cost threshold’ of the $ 86,000 government in 10 years.

Image by Michal Jarmoluk from Pixabay.jpg

According to Vikas Parwani, a lawyer at the Legal Center of HIV/AIDS, there is a lack of information about visa options for migrants with chronic health problems.

“The costs of HIV were estimated at around $ 11,000 a year (by one Medical officer of the Commonwealth). For 10 years that is $ 110,000. That exceeds the limit and is a reason to refuse a permanent visa, “he explained.

The threshold, which is assessed every two years, was increased from $ 51,000 to $ 86,000 in July 2024.

“The Australian government manages the health requirement to protect the community against public health and security risks, to contain government spending on health care and community services and to protect the access of Australian citizens and permanent residents to healthcare and community services,” said a home shops.

The spokesperson said that having a state of health does not always mean that a person will not meet the health requirement due to considerable costs, and the “majority” of visa applicants who are obliged to follow immigration medical examinations meet the health requirement.
“The estimated costs are based on health care and community services, a hypothetical person with the same condition and severity level as the visa application in Australia would need.”

Perez learned this and chose to expand his student visa while looking for alternatives.

A ‘intrusive’ process

Then his Australian boyfriend suggested sponsoring him for the visa of a partner, and Perez started the process of applying for a medical exemption.
He said he had to collect support letters, demonstrate economic stability and present compassionate reasons.
“They asked me for letters from friends, from family members, from organizations where I signed up. I had to prove that I would not burden the system,” he said.
“It was a super-worrying process … It makes you ask why you want to stay in a country that you treat like that.”
According to Vikas Parwani“ A lawyer at the HIV/AIDS Legal Center who dealt with Perez’s case, many migrants with chronic health problems are left outside the system due to a lack of information and the complexity of the process.

“Carlos was lucky to request the visa of a few, which makes an exemption possible. For other people with the condition of Carlos, an exemption is often not even offered.”

According to a Domestic Affairs spokesperson: “The decision to limit the provisions of the health statement to certain visas, recognition is that abandoning the need to meet the health requirement can have significant implications for health care and community services in Australia.”
Parwani said that the social ties of Perez, community work, income shared with his partner and compassionate care that his partner offers weighed heavily to build a “strong matter”.
“Although we (the Legal Center of HIV/AIDS) have a high success rate, the process is not easy. Many personal and medical documents are required, and it can take years,” he said.
“Not all lawyers know how to do this. And there are many people who cannot afford a private adviser or get free access.”
According to the HIV/AIDS Legal Center, it has provided around 508 legal services with regard to health equipment in the past four years, including direct representation for at least 59 customers who navigate through the exemption process.

The center said that all customers who reached the phase of the health declaration during this period were successful. In earlier years, however, the success rates were lower – especially when the significant cost threshold was lower than now.

Approval and a new start

In May 2025, Perez received the news he had waited for: the exemption was approved and he received a temporary partner service.

At the end of the year he can request a permanent stay.

I was superhappy and felt a lot of relief. Because the process lasted so long, it was about a week before it entered.

Carlos Araya

“This was the most difficult visa to get. The next one is automatically in theory. I just have to prove that my relationship is still real. But you have to send photos, letters, joint accounts … all over again,” he said.
Perez now works for Living Positive Victoria, a non-governmental organization that supports people with HIV.
He guides newly diagnosed migrants and promotes access to information and connecting networks.
“Connecting with other migrants, speaking from a shared experience, helps you to feel less alone. We often feel responsible, but if the same happens to all of us, the system might be the one who has failed,” he said.

“If you go through the same thing and don’t know what to do, don’t be afraid to ask for help. There are communities and organizations that we are here to support.”

People who seek support in the case of a crisis can contact the Lifeline on 13 11 14, suicide offers service on 1300 659 467 and Kids Helpline on 1800 55 1800 (for young people up to 25 years old).
More information and support for mental health care are available on Beyondblue.org.au And 1300 22 4636.

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