Carlos Araya Perez‘s journey to permanent residency in Australia highlights the challenges faced by migrants with HIV, and the importance of support and advocacy.
Key Points:
Australia’s ‘significant cost threshold’ for immigration health requirements is currently $86,000 over 10 years.
Partner visas allow applicants to seek a ‘medical waiver,’ but the process is complex and lengthy.
The HIV/AIDS legal Center warns that people with HIV are sometimes unfairly rejected without proper information about their rights.
When Carlos Araya Perez arrived in Australia in 2018 from Chile, armed with an industrial engineering degree and a postgraduate visa, he envisioned a future filled with professional growth and new experiences.
“I had lived in Ireland for a year and wanted to continue travelling. Among the options I looked for was Australia.I wanted something that aligned with my profession and woudl give me more opportunities,” Perez told SBS Spanish.
Carlos Araya Perez arrived in Australia in 2018 from Chile. Credit: Supplied by Carlos Araya Perez
However, upon arrival, he found himself outside of his field, working in informal employment due to a lack of local experience and contacts.
The COVID-19 pandemic further complicated his situation, leaving him unemployed and without savings.
Then came a HIV diagnosis, adding another layer of uncertainty to his life.
HIV, or human immunodeficiency virus, 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 felt like it was something I couldn’t change. I focused on what I could do: take care of my health and change my viewpoint on myself.”
He began treatment through a compassionate access program, but the uncertainty of its renewal weighed on him.
“I was concerned about access to medication. It wasn’t free,and the program was renewed from time to time. That insecurity scared me the most.”
The ‘Significant Cost Threshold’ Explained
Perez soon discovered that his diagnosis had significant implications for his immigration status.
When he applied for permanent residency, he learned that his medical condition exceeded the government’s ‘significant cost threshold’ of $86,000 over 10 years.
According to Vikas Parwani, a lawyer at the HIV/AIDS Legal Centre, there is a lack of information about visa options for migrants with chronic health conditions.
“The cost of HIV was estimated at approximately $11,000 per year (by a Medical Officer of the Commonwealth). Across 10 years, that’s $110,000. That exceeds the limit and is a reason to refuse a permanent visa,” he explained.
The threshold, reviewed biannually, increased from $51,000 to $86,000 in July 2024.
“The Australian Government administers the health requirement to protect the community from public health and safety risks, contain public expenditure on health care and community services, and safeguard the access of Australian citizens and permanent residents to health care and community services in short supply,” a Home Affairs spokesperson said.
The spokesperson added that a health condition doesn’t automatically disqualify an applicant and that “the majority” of visa applicants meet the health requirement.
“The estimated costs are based on the health care and community services a hypothetical person with the same condition and level of severity as the visa applicant would require while in australia.”
Faced with this challenge, Perez extended his student visa while exploring other options.
An ‘Intrusive’ Process
His Australian boyfriend proposed, leading Perez to apply for a partner’s visa and a medical waiver.
The process required him to gather letters of support, demonstrate economic stability, and present compelling compassionate reasons.
“They asked me for letters from friends, from family members, from organisations where I volunteer. I had to prove that I wouldn’t burden the system,” he said.
“It was a super-intrusive process … it makes you question why you want to stay in a country that treats you like that.”
Vikas Parwani, a lawyer at the HIV/AIDS Legal Centre who handled Perez’s case, notes that many migrants with chronic health conditions are excluded due to lack of information and the complexity of the process.
“Carlos was lucky to be able to apply for a couple’s visa, which does allow for a waiver. For other people with Carlos’s condition, a waiver is often not even offered.”
according to a Home Affairs spokesperson, “the decision to limit health waiver provisions to certain visas is in recognition that waiving the need to meet the health requirement can have significant implications for Australia’s health care and community services.”
Parwani emphasized that Perez’s social ties, community work, shared income with his partner, and the compassionate care provided by his partner were crucial in building a “strong case.”
“Although we (the HIV/AIDS Legal Centre) have a high success rate, the process is not easy. A lot of personal and medical documents are required, and it can take years,” he said.
“Not all lawyers know how to do this. And there are a lot of people who can’t afford private counsel or access free help.”
The HIV/AIDS Legal Centre reports providing around 508 legal services related to health waivers in the past four years, including direct representation for at least 59 clients. Their success rate at the health waiver stage has been high, though lower in previous years when the significant cost threshold was lower.
Approval and a Fresh Start
in May 2025, Perez received the long-awaited news: his waiver was approved, and he was granted a temporary partner visa.
He can apply for permanent residency at the end of the year.
I was super-happy and felt a lot of relief. As the process took so long, it was about a week before it sunk in.
Carlos Araya
“This was the most difficult visa to obtain. The next one, in theory, is automatic. I just have to prove that my relationship is still genuine. But you have to send photos, letters, joint accounts … all over again,” he said.
Perez now works for Living Positive Victoria, a non-governmental organisation supporting people with HIV.
He guides newly diagnosed migrants and promotes access to information and connection networks.
“Connecting with other migrants, speaking from a shared experience, helps you feel less alone. We often feel responsible, but if the same thing happens to all of us, maybe the system is the one that has failed,” he said.
“If you’re going through the same thing and don’t know what to do, don’t be afraid to ask for help. There are communities and organisations that we are here to support.”
Support Resources
People seeking support in the event of a crisis can contact:
Lifeline: 13 11 14
Suicide Call Back Service: 1300 659 467
Kids Helpline: 1800 55 1800 (for young people up to 25 years old)
More information and mental health support are available at:
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