[wiki]

We got the letter this morning saying that they wouldn't grant my OH residency because of health concerns.

Her Dad has a thing called Huntington's Chorea which is a degenerative disease that will eventually incapacitate you - there's a 50/50 chance it's been passed on but no way of knowing when symptoms might arise.

So on those grounds, we need to apply for a medical waiver.

A couple of the statements the NZIS medical assessor made on the reply to us were factually incorrect about the disease, so we're hoping that's the arguement we can persue most strongly.

I'm really torn about this because as a NZer I appreciate that we have such strict rules on limiting a drain on our health services.
But I also know that in her family her Dad, second cousins and other rellies who have got it have all tended to start to show symptoms in their mid-50s which would give her 20 good years of working and ACC contributions. We don't want children so that's not going to be an issue about passing on the faulty gene. Plus, she might not have it at all.

My family wants me home - but there is no way I'd ever consider going back without my partner... It's just a shame that journalism isn't a massive skills shortage or they'd be begging me to come back lol.

Anyway, if anyone has some positive thoughts going spare, please send them in our direction.

[katandbob]

Wiki so sorry for the bad news - But if the info is wrong then Yes I would gather information that proves this is incorrect and submit it with your reply/ waiver claim?

Any way you have my positive thoughts and wishing you good luck (thought of contacting the Southland times?)

PS keep us in the loop.... I was keeping a bottle (or 3) on ice for a Southland Meet:cheers

Kat {{{{Hugs}}}}

We got the letter this morning saying that they wouldn't grant my OH residency because of health concerns.

Her Dad has a thing called Huntington's Chorea which is a degenerative disease that will eventually incapacitate you - there's a 50/50 chance it's been passed on but no way of knowing when symptoms might arise.

So on those grounds, we need to apply for a medical waiver.

A couple of the statements the NZIS medical assessor made on the reply to us were factually incorrect about the disease, so we're hoping that's the arguement we can persue most strongly.

I'm really torn about this because as a NZer I appreciate that we have such strict rules on limiting a drain on our health services.
But I also know that in her family her Dad, second cousins and other rellies who have got it have all tended to start to show symptoms in their mid-50s which would give her 20 good years of working and ACC contributions. We don't want children so that's not going to be an issue about passing on the faulty gene. Plus, she might not have it at all.

My family wants me home - but there is no way I'd ever consider going back without my partner... It's just a shame that journalism isn't a massive skills shortage or they'd be begging me to come back lol.

Anyway, if anyone has some positive thoughts going spare, please send them in our direction.

[zardell]

Anyway, if anyone has some positive thoughts going spare, please send them in our direction.



No positive thoughts (sorry!) but sending loads of positive vibes your way.

Good luck in all you do.........

Julie

xx

[jess]

Sorry to hear about your troubles. Sending good vibes as well.

If you need it there's some info on medical waivers on this thread (http://www.emigratenz.org/forum/showthread.php?t=8570).

[Jo Jo]

I'm so, so sorry about this.

Positive thoughts: I am sure I have read somewhere that only one or two people who applied on partnership grounds and have needed a medical waiver have been turned down - I will have a search over the weekend to see if I can find this info. But, considering your partner is not currently ill, and only has a 50% chance of becoming ill with Huntingdon's, I'd say you have a pretty good chance of getting the medical waiver.

Good luck with it all. xx

[willowshouse]

Sorry to hear your news Wiki ..

I presume that your OH does not want to have the test to find out if she will get it .. which is of course completely understandable. It must be very difficult for you both. Fingers crossed with the medical waiver, and very best wishes.

Just a thought .. maybe there is a Huntingtons Support Group who could offer advice on the issue of emigration? It's possible someone else has been in the same situation as you are now.

Regards,
Dawn

[Caroline and Dave]

Personaly,having been through the medical waiver procedure myself I think your OH has an extremely high chance of being excepted.I was told it was routine to turn down people who do not tick all their boxes and then let the medical review people decide.You have to look at all the positives,She is not ill,there is no proof that she will ever get the illness and as you say those in her family who have it were well into their 50's
I really do not think you have much of a problem,you are just involved in routine procedure.
If you use this link,go down to index at the bottom and then find medical waivers.Hopefully this will help

We are both thinking of you .

Kindest and warm regards

Dave and Caroline
http://www.immigration.govt.nz/nzis/operations_manual/index.htm

[Jo Jo]

It looks as if people with HIV can get a medical waiver and be granted PR, so if people who definitely have a serious medical condition get a medical waiver, your partner should have a very high chance of getting one.

(I'm on positive thought overdrive!)

[pitkennedy]

Sorry to hear your news. It must be very difficult, what do they say it is not over till the fat lady sings. Fingers crossed for you!!
Helen

[anna_c]

Good luck with the medical waiver. I'm pretty sure that I read in the operations manual (yes, I actually read whole chunks of it:rolleyes:) that waivers were generally granted in partnership applications, so I think you're in with a pretty good chance.

[jubjub]

http://www2.everybody.co.nz/forum/images/graemlins/default/grouphug.gif sounds like you both need one of these....

If they have wrong facts about the condition, then thats a good case in itself to appeal the decision. I would go ahead with the medical waiver, I have seen other forum members do that and be successful, so its well worth a try before you think about giving up.

Might be worth forking out for a specialist on the subject to write a letter on her behalf? Just a thought....

[Ana&Steve]

Definitely sending positive thoughts your way! I Really hope that they reconsider after you appeal, as everyone said it happens all the time. Here's hoping they give you good news quickly:nice1
Ana

[stu70]

Good luck with the appeal. Hope you get the permission to move. It must be terrible to receive the news. You are in our prayers and thoughts. Regards

[suebeenz]

I'm so sorry to hear about this news. I hope it turns out being a non-issue, and just another hurdle to climb over on your way over here. Best of luck to you both. Please do keep us posted.

[Moorf]

Oh boy, that's really really disappointing, I so hope you can get round this problem, you know where I am if you need me or my shoulder :) Hugs all round.
H
xxxx

[Lupin]

I looked into all this when we applied (also through partnership category) and my understanding was that medical waivers would be almost always granted. Here's a part of the NZIS operations manual:

A4.60 Medical waivers (applicants for residence)

See A4 (before 28/11/2005)

1. Applicants for residence in New Zealand who are assessed as not having an acceptable standard of health and whose applications meet all other requirements for approval under the relevant Government residence policy may be considered for the grant of a medical waiver unless:
1. they require dialysis treatment, or an Immigration New Zealand medical assessor has indicated that they will require such treatment within a period of four years from the date of the medical assessment; or
2. they have active pulmonary tuberculosis; or
3. they have severe haemophilia; or
4. they have a physical incapacity that requires full time care.
2. Medical waivers will also not be granted to people:
1. who are applying for residence under Family category policy; and
2. who were eligible to be included in an earlier application for residence as the spouse or partner of a principal applicant or the dependent child of a principal applicant or their spouse or partner; and
3. were not declared on that earlier application.
3. People who:
1. were eligible to be included in an earlier successful application for residence as the spouse or partner of a principal applicant or the dependent child of a principal applicant or their spouse or partner; and
2. who were declared in that application but were not included in that application as non-principal applicants; and
3. whose application for residence under Family category policy is sponsored by a person included in the application for residence referred to in (i) above

will be assessed for the grant of a medical waiver as if they had been included in the earlier application and as if the sponsor was not resident in New Zealand.
4. Applicants (and dependants included in their application) who have been recognised as refugees may be granted medical waivers.

Effective 28/11/2005

so it looks as though this is just part of the process, ie as someone said earlier NZIS decline any applicant that doesn't conform to the medical acceptability and it's reviewed and in all but the very few cases a medical waiver is granted. Have a search of this forum....I seem to remember a forumite under the name of Albertz going through the process.

the next bit of the OM I found that is useful is this:

A4.70 Determination of whether a medical waiver should be granted (residence and temporary entry)

See A4 (before 28/11/2005)

1. Any decision to grant a medical waiver must be made by an officer with schedule 1 delegations (see A15.5.1).
2. When determining whether a medical waiver should be granted, visa and immigration officers must consider the circumstances of the applicant to decide whether they are compelling enough to justify allowing entry to, and/or a stay in New Zealand.
3. Factors that officers may take into account in making their decision include, but are not limited to, the following:
1. the objectives of Health requirements policy (see A4.1) and the objectives of the policy or category under which the application has been made;
2. the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;
3. whether the applicant has immediate family lawfully and permanently* (see F4.5.1) resident in New Zealand and the circumstances and duration of that residence (unless the limitations on the grant of medical waivers set out at A4.60(c) apply);
4. whether the applicant's potential contribution to New Zealand will be significant;
5. the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).
4. An applicant who is the partner* or dependent child* of a New Zealand citizen or resident, may generally be granted a medical waiver unless there are specific reasons for not granting such a waiver or the limitations on the grant of medical waivers to such persons set out at A4.60 (c) apply.
5. Officers should consider any advice provided by an Immigration New Zealand medical assessor on medical matters pertaining to the grant of a waiver, such as the prognosis of the applicant.
6. Officers must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.

Effective 28/11/2005

I've highlighted the relevant section. A4.6 is the section I've copied and pasted above.

Although I know very little about the condition, I suspect it's not over for you guys yet, hang in there, keep going UNLESS you hit an absolute brick wall, which you certainly haven't yet.

All the best wishes to you, please keep us posted on how you get on, Lupin :)

[Sam B]

It sounds hopeful, I'll be keeping my fingers crossed for you. Good luck.

[urban78]

Hi Wiki,

So sorry to hear about your news :( NZIS want kiwis back in the country asap so I don't see why the waiver would be declined, plus you'll be supporting your partner financially/emotionally if anything happens.

Chin up and I really hope to soon read a message on the forum with a positive outcome.

All the best,

Jen

[sarahw]

Wiki, can't offer any advice or info but am sending positive vibes your way. Am sure a friend of mine had to go through the waiver process & got through without any problems. Keeping everything crossed that things will be OK & you can come home...

[Moorf]

I'm sure Jodie won't mind me pulling up this old thread, I remembered she and others had had similar medical waiver experience - anyway, hope it helps you a bit Wiki

xx

http://www.emigratenz.org/forum/showthread.php?t=3235&highlight=jodie

[sizzlingbadger]

What a stressful time :(

I hope the medical waiver comes through for your partner, there shouldn't be any reason surely to decline when they may not even have the disease. As I think some has said before is there anyway they can test to see if the gene is there ?

All the best :nice1

[Helsandfamily]

Loads of positive thoughts coming from me to - wiki - good luck - don't give up!

Hels

[Trigirl]

positive vibes from me also. you'll make it.

[Lupin]

As I think some has said before is there anyway they can test to see if the gene is there ?

Not a great idea, IMHO, unless that it what your partner intends to do regardless, inwhich case I wouldn't share my intention with NZIS unless and until there was a favourable result. Morally, you should no way have to test for this to get the waiver though imo and I'd hold off on that course of action unless you get to a point where there is no way NZIS will approve residence unless you have the all clear AND you're prepared to go that far, although it seems unlikely you'll get to that scenario as it's rather unethical.

[leachio]

Wiki, our thoughts are with u, we wish u all the best

Amanda

[owens clan]

Hi,
Sorry to hear the news, but has your patner had the blood test to determine if she has the disease.My friends granddaughter may have HC but has to wait till she is 18yrs old before they will do the blood test, so I know that there is a test is available .So if you take the test then NZIS and you will know either way.
Anyway good luck with your battle.

[speckythecky]

good luck with the waiver.

can you do a genetic test to see if OH has the faulty gene. My family have a faulty gene, actually an extra bit on the 13 chromosone and we have all been tested, except my eldest brother, who is scared of needles. I do not have the faulty gene, something to do with the milkman apparently.

[willsken]

Hi Wilki

I'm so sorry to hear about this. Reading the comments from some of the others makes it seem as this will end up being a hurdle to jump rather than it being the end of the road for you. I'll keep everything crossed for you and I'm sending you all the positive thoughts I can muster.

I too would think very carefully about getting tested as there maybe other consequences for your partner emotionally. Definitely a last resort thing IMO. That’s not to say testing is a bad idea, just being pressured into by circumstance.

Good luck. :)

[Trigirl]

i totally agree with lupin that getting the test done for this reason alone would be a very bad idea indeed.

edited to add: in NZ insurance companies cannot force you to take a genetic test when deciding whether to offer you insurance or not. however, they can make you disclose the results of a test you have taken voluntarily.

[thezorbster]

Do not give up! It seems lots of people have experience of these things and have got in so stay as positive as you can and go for it. We are all positively vibing as much as we can!

[veronica]

I'd agree with whoever it was that suggested getting a speciallist to give a detailed report for yourselves as well as a test (if there is such a thing) and presenting them to the NZIs if its favourable

[wiki]

I'm totally overwhelmed. Thank you to everyone for such warm and encouraging responses. It's just what we needed.

Having the test is not an option - it's considered such a big deal that the NHS makes you have three months' counselling before you can take the test.

The only people who do are those who are planning to have kids and want to make sure it's not passed on.

For us, we'd rather not know - I can't imagine anything worse than knowing for certain that you're living under a death sentence. Because Huntingtons affects motor skills, everytime my OH spilt a drink or tripped on a step we'd think that was part of the symptoms.

Also, if you do get a positive on the test it makes it very difficult to get mortgages, health cover for things beside the illness and other financial stuff.

I'll let you know how we get on and what we had to do - in the hope that it'll help someone else.

Thank you again xx

[dharder]

I'm really sorry that you have to go through this.

But from what other more informed than me people have written, it seems there is some hope to make this work after all.

All the very best and good luck!

Daniela

[spaceman]

Sorry to hear your news my OH also has Huntingtons in the family his mum died a few years ago. We are very lucky we had the test and found he did not have the gene but it was a very hard decision to make as either way it changes you life completely! we were very lucky to have a huntingtons suport group near us also Addenbrooks Hospital where we had the test were great it maybe worth you trying them for some more correct info!. My OH grandad did not have any signs until he was in his mid 70's. Our thoughts are with you hope you get home soon
xxx