medical failed: medical waiver question.
unar
6th February 2009, 06:07 AM
Just heard back from CO that the medical assessor again decided I am a burden on New Zealand society. So now I am preparing for a medical waiver. Does any body have experience in applying? My circumstances are:
Married to New Zealand citizen
Genetic kidney disease which might required dialysis in 40 years (none of sufferers in my family are on dialysis). Specialist said I am fine and New Zealand shouldn't worry (well not in so many words, but in medically talk :))
Have PhD in Biotechnology related field (long-term shortage list)
And all of husband family including elderly parents are in New Zealand.
Husband, a computer programmer, also on the long-term shortage list, and will not move to back permanently unless I go with.
So what are my chances? not that have any other option.
thanks
-una
catt
6th February 2009, 06:55 AM
Every chance i have a medical waiver and my OH is a returning Kiwi. You need to get as much evidence that your not going to be a burden on the system in NZ. Get a letter from your doctor, get a sickness report from your work place, supply anything that will indicate good health.....info about your family and how it has little effect on them, in your covering letter when you supply the info tell them what your skills are and what you can offer New Zealand when you move out there. Basically sell yourself to them...........good luck
Mamee & Co
7th February 2009, 11:55 PM
I must admit that this has me a little worried too as the significant findings for both my kids relate to congenital kidney abnormalities. The consultant here reckons there is no increased risk for dialysis and both have had no problems.
Hopefully you will get a waiver and my kids will get through.
((((Hugs)))
Mamee
britzy
8th February 2009, 12:46 AM
Hi Una.
Just what Catt said.We also have a medical waiver granted different circumstances,child has special needs and considered burden on country.
You do need to collect as much evidence about your self.Specialist reports,GP reports,support letters from friends,collegues and family stateing why New Zealand would benefit from you living there,what you can offer and how 'great' you are .financial evidence that you can support yourself.You can also both do personal statements and get your children to do them also.Also include achievements in your chosen careers showing how you stand out from the crowd.You need to sell your soul!!!!
We used a very good specialist lawyer based in New Zealand which wasn't too expensive considering.
Hope this helps.
Helen
winka
3rd March 2009, 09:08 AM
This whole thing is very cloudy.
Before getting involved in this whole process I would have thought the husband or wife of a citizen would be granted almost automatic right to come live in that country.
If one was denied on medical grounds are they suggesting you live in two different countries and meet up for christmas?
dharder
3rd March 2009, 09:19 AM
From following this issue on this forum, I got the impression that you are more likely to be granted a medical waiver as a partner of a kiwi than not.
Wiki on the forum here got a medical waiver for an issue her partner had, and even though it took time, it seemed to be fine in the end. Not sure if she is still on here, but maybe try to PM her?
Don't give up hope just yet!
Good luck,
Daniela
Jo Jo
3rd March 2009, 09:29 AM
In NZIS's operations manual it says the following about medical waivers for the partners of NZ citizens and residents:
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.
(Section A4.70 d of the operations manual (http://www.immigration.govt.nz/nzis/operations_manual/7580.htm))
The specific reasons mentioned above for not granting a medical waiver are:
A4.60 Medical waivers (applicants for residence)
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:
i. 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
ii. they have active pulmonary tuberculosis; or
iii. they have severe haemophilia; or
iv. they have a physical incapacity that requires full time care.
2. Medical waivers will also not be granted to people:
i. who are applying for residence under Family category policy; and
ii. 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
iii. were not declared on that earlier application.
3. People who:
i. 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
ii. who were declared in that application but were not included in that application as non-principal applicants; and
iii. 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.
(Section 4.60 of the operations manual (http://www.immigration.govt.nz/nzis/operations_manual/7578.htm))
muzz333
10th March 2009, 09:19 PM
You get one chance when applying for a medical waiver, so may be worht considering a speacailist immigration laywer. We are using the Britzy used and recommended. Lane Neave in Christchurch. Have been impressed with them so far, but they warn you that they leave no stone unturned so expect to have to gathr a full A4 ringer binder of information and reports. Not cheap, but as the senior partner, Mark WIlliams says, if we get you the waiver, will be the best money you have ever spent.
Good luck with whatever you decide to do.
April
11th March 2009, 02:47 AM
Oh goodness I had no idea this was possible, as I am also married to a New Zealander. What do they actually test at the medical? I have no known conditions at the moment, so is it possible that there is something they could find when I apply? I assumed it was a basic physical with a questionnaire. Any advice please?
winka
13th March 2009, 12:10 PM
They better have a damn good reason to not let in your non kiwi OH when you consider the numbers of refugees and other immigrants that 'qualify' to get in!
Im sure if you took them to the human rights mob they would back down.
sophiedb
14th March 2009, 03:19 AM
Oh goodness I had no idea this was possible, as I am also married to a New Zealander. What do they actually test at the medical? I have no known conditions at the moment, so is it possible that there is something they could find when I apply? I assumed it was a basic physical with a questionnaire. Any advice please?
hi April, I'd say it's unlikely they'll find anything during your medical that hasn't already become obvious to yourself, if that makes sense. The tests are pretty comprehensive for a "check" - chest X-rays etc - but not exactly an in-depth analysis of every possible medical condition.
e.g. I know that I may need a waiver (married to and mother of Kiwi citizens), as I recently had thyroid cancer. My oncologist assures me that I'm cured, but that may not be enough to convince a medical assessor on first glance. (and I can't exactly hide my history due to having two giant scars on my neck - caused by ninjas or pirates, of course!) :)
unar
19th March 2009, 06:08 AM
Thanks for all the messages. Since medical waiver seemed a bit "final" we decided to give the medical assessment one more go. I just submitted more letters from specialist, yesterday, saying my condition is highly unlikely to cause any problems in the near future. fingers crossed.
-Una
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