[oldringer]

Hi everyone

I put in for PR back in March and have just heard that I have failed my medical, I had a radical prostatectomy 6 months ago and they think I am still at risk of the caner recurring and therefore will cost the NZ system a lot of money. I am going to try and get more details from my surgeon in the hope that I can reverse the decision but I may well be faced with having to go for the medical waiver. Does anyone have any experience of this route and do you know what extra things I can say that would help.

My wife and I are 60 and we are hoping to live close to my son in Rotorua who has been out there for 4 years now. We have visited a number of times and we are desperate to get out there asap.

I have tried to find some information from the forum search but have not found anything yet that helps.

[Genie]

Hi there, I can't give you any answers with the medical waiver question but would like to welcome you to the forum and wish you well with your application.

Jeannie

[dilanium]

I wanted to say welcome to the forum, and the best of luck to you!

[Caroline and Dave]

Hi,
The majority of people with medical problems have to apply for a medical waiver. This is standard practice. I am a Diabetic with Osteoporosis and I had to have a medical waiver.They want to make sure you will not be a huge drain on resources. Check here for more details

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


Go to index then to M then down to medical waivers . it is a bit awkward to navigate but it lists all medical conditions that are outright refused and those that may be allowed. Also check everything in index re medicals. Hope this helps

Dave

[willsken]

What a dreadful blow to you and your family. I think for the moment the best thing you can do to keep things moving forward, is what you have already suggested and gather as much evidence as you can from your medical professionals to prepare a case to offer immigration. What have you been told by the doctors about the possibility of the cancer reoccurring? (Theoretical question, I don't expect you to answer this on a public forum) If they feel sure that it won’t, hopefully they would give you letters stating this. There are a few people on here that have been down the medical waiver route and I’m sure they will be able to offer advice. I can’t be of any specific help but we are all here and will be glad to offer support and a shoulder to cry on while you battle through the red tape. I will have a search for you and see if I can find out who some of these people are. You can PM them directly then.

[Red Devil]

Hi oldringer and welcome to the forum... what terrible news to receive, wish you all the best of luck at sorting matters out... sure things will come good in the end and you'll be in Rotorua before you know it :yes

It's a great forum with plenty of helpful and knowledgeable folk on board... don't hesitate to keep posting your questions, etc. as you'll get the right answer and guidance I'm sure.

[willsken]

I'm going to chuck this on as it may be easier than the document.





A4.70 Applicants who may be considered for a waiver (26/07/1999)
See A4 Effective 28/11/2005
See A4.70 Effective 01/04/2004
a. Applicants other than those in A4.60 and A4.60.1 may be considered for a medical waiver. Visa and immigration officers must consider the circumstances surrounding the application to decide whether they are compelling enough to justify making an exception to the acceptable standard of health requirement (see H2).
b. Factors that officers may take into account in making their decision include but are not limited to the following:
i. the objectives of the relevant residence policy or category, and whether New Zealand has sufficient resources, and
ii. the degree to which the applicant would be a burden on New Zealand health services, and
iii. whether the applicant has a spouse or partner who is a New Zealand citizen or resident, and
iv. whether the applicant has immediate family lawfully and permanently* (see F4.1.1) resident in New Zealand, and
v. whether the applicant's potential contribution to New Zealand will be unique, and
vi. the applicant meets all other requirements of the Humanitarian category (see H2).



A4.65 Applicants who will not normally be granted a waiver (26/07/1999)
See A4 Effective 28/11/2005
a. Applicants will not normally be granted a medical waiver if:
i. they have an infectious or communicable disease other than tuberculosis, or
ii. they need surgery that is likely to create a severe resource problem within the New Zealand health system.
b. This section does not apply to:
i. applicants from the Pacific whose entry to New Zealand has been approved on medical grounds so that they can receive a mitral valve replacement (Note: waivers will not be granted to nationals of countries that can supply appropriate care); or
ii. people referred to New Zealand for medical treatment if ongoing treatment is not available in the home country (Note: applicants must provide evidence that the treatment is unavailable in the home country); or
iii. applicants with a terminal illness if entry has been approved on humanitarian grounds to be with a close family member resident in New Zealand.
A4.65.1 Action
a. Applications covered by section A4.65 above will not automatically be declined on health grounds.
b. Visa and immigration officers must consider the surrounding circumstances to decide whether they are compelling enough to justify making an exception to the acceptable standard of health requirement.
c. Factors that officers may take into account in making their decision include but are not limited to the following:
i. the objectives of the relevant residence policy or category, and
ii. whether New Zealand has sufficient resources, and the degree to which the applicant would be a burden on New Zealand health services, and
iii. whether the applicant has a spouse or partner who is a New Zealand citizen or resident, and
iv. whether the applicant has immediate family lawfully and permanently* (see F4.1.1) resident in New Zealand, and
v. whether the applicant's potential contribution to New Zealand will be significant, and
vi. whether the applicant meets all other requirements of the Humanitarian category (see H2).
A4.65.5 Further medical opinions
a. To assist in determining whether a medical waiver is justified under A4.65 above, visa and immigration officers may seek a further medical opinion from the consultant physician who carried out the initial assessment.
b. Officers should refer all relevant papers to the consultant physician, together with the reasons for seeking a further opinion. If appropriate, they should ask for a prognosis and/or in light of further information received from the applicant an opinion on the extent of any likely burden on the health service if a medical waiver is granted.
c. If the consultant physician and the applicant's medical advisor(s) have provided conflicting reports, officers should seek a further medical opinion from either the medical referee or the psychiatric referee (see A4.50).



A4.60 Applicants who will not be granted a waiver (26/07/1999)
See A4 Effective 28/11/2005
See A4.60 Effective 13/12/2001
Applicants will not be granted a medical waiver if:
a. they require dialysis treatment, or a consultant physician has indicated that they will require such treatment in the immediate future; or
b. they have active tuberculosis (see A4.60.1 below); or
c. they have a mental disorder or intellectual handicap that has needed care in a hospital or supervised residence for more than 90 days in the last 2 years; or
d. they have a physical incapacity that requires full-time care.
A4.60.1 Applicants who have tuberculosis
Applications from people who have active tuberculosis must be deferred until at least 6 months from the date anti-TB treatment has begun, and applications will only then be approved if:
a. sputum and/or gastric juice is negative on culture for tuberculosis; and
b. the applicant continues to meet all other policy requirements.

[zardell]

I've just read Willskens post Oldringer, and things are looking favourable don't you think?

I (and many more on this forum) know how disheartening this process can be when obstacles are put in our way, but don't allow yourselves to become negative.

Keep up the positive work with your doctors and their reports. From my (admittedly limited) knowledge of your position, I am led to understand that it can be a few years before the all clear is given - that's just par for the course, so therefor I would assume that there are many people living happily in NZ that at one time were in the same boat as you are now.

Keep the faith, keep focused on your goal and I look forward to reading your 'Flying to NZ to join our Family' post very soon.

All the best,

Julie

xx

[BaldyBeardyBloke]

Wow, not great news, but I echo Zardell's comments above. In theory it looks good reading he extract posted, so stick to your guns and stay positive.

Good luck, hope it all works out OK for you, both health and emigration-wise, and most of all welcome to the forum.

[dusk]

ahh bad news. good luck with getting waivers etc sorted out :)

[JandM]

Welcome to the forum, and the very best of luck.

[twinkle]

hi, i'm really sorry to hear your news, it did bring a tear to my eye when i read your post. Although I can't offer you any advice on this matter, I'd like to would wish you all the very best for the future and I hope it all works out for you both.

Sarah

[Silverwing86]

Hi Oldringer and welcome to the forum !

Sorry to hear your news, but don't despair just yet. There are still ways forward and by the sound of it you are already following up on them. Try to supply as much positive evidence from medical professionals as possible and perhaps add a letter of your own explaining why you don't think you'll be a significant burden on the NZ Health System.

The fact that you have family here will help (I'm assuming you're going down the Family Sponsorship route ?) and if you can provide evidence of sufficient means to support any potential problems in the unlikely event that they should occur, all the better.

If the medical waiver route doesn't provide solace, there's always the appeals process. Here (http://www.residencereviewboard.govt.nz/Pages/RES_FAQ.aspx) is a link to the Residence Review Board with information on this. Take some time to browse the site, it can be quite enlightening (a lot of mistakes are made in these processes and that can be a reason to grant an appeal).

It will take time and a heck of a lot of patience on your part, but stick to it and don't give up !

I myself received a medical waiver (in the end !) under the Skilled Migrant Category (apparently that's more unusual than getting one under the Family Sponsorship Category). It did take a lot of time, patience and persuasion, but in the end the Visa Officer understood that the Medical Assessors hadn't actually looked at the case properly at all and had seriously misjudged the situation. A completely different situation as I have an Arthritic condition, but perhaps heartening just the same ?

The very best of luck and do let us know how you get on ?

Cheers,
Silver

[oldringer]

Hello Silver

Thanks very much for taking the time to post such encouraging words. I will certainly keep at them as I really do want to move. If will keep the forum informed of progress and if successful you will certainly be hearing about it.

Paul

[Silverwing86]

Hi Paul,

You're most welcome ! Knowing from experience how incredibly stressful this process can be it's the least I can do, I'm glad to be of help in any way I can.

Look forward to hearing positive news from you, but don't forget you can let us know whatever happens, as you never know if someone here might have a helpful suggestion for your specific situation and sharing does seem to help bear the burden as well.

Good luck !
Silver

[M-Squared]

Hi oldringer :)

We're both new here, but I wanted to say I hope you get through the medical waiver and can move to be close to your family soon. My hubby had to do (naughty lad!) a character waiver explaining what happened way before he and I even met. I wrote a supporting letter and that helped tons, too. Anyone you can get to write supporting letters, obviously who have knowledge of your condition, would be great, and definitely include!

Best of luck to you both, and I hope we get to welcome you permanently to NZ sooner rather than later. :)

[oldringer]

Hi M-Squared

I am busy writing a sort of CV for myself and my son is also going to try and put together something that points out I am an important part of his business plans. Both od these address the waiver option as I am pretty sure thats the route I will need to go.

I will keep you all informed

Paul

[SNK05]

We wish you all the very best oldringer.....

Keep us posted

Sue n Kev x