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Thread: We need help--medical waiver

  1. #1
    yingshan8090 is offline Junior Member
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    Default We need help--medical waiver

    My parents have applied PR in March 2010, when they went to the pannel doctor to do the health check, the doctor found there was a tumor on my mother's lung, then she got operation done and it was the early stage lung cancer which doesnt need any treatment, she is living as a normal person. INZ now said her condition doesnt meet their requirements and asked us to apply the medical waiver, we dont know what to do and someone told me that it is unlikly that INZ will approve medical waiver, can anyone tell us what we should do? My family has been living apart for more than 10 years and I have settled down in NZ, really want my parents come over to spend some quality family time together. I am so stressed out.... anyone can help us and give us some idea.Thanks

    I dont know how to post a message to the forum or blogs on this website, can anyone tell me what to do? thank you very much.

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Hi Yingshan, welcome.

    Sorry to hear your news. I think INZ normally likes to see someone who has been cancer-free for at least 5 years before they feel comfortable about accepting a residency application. However, if they have suggested going for a waiver, then it means there may still be some hope. What the Operational Manual says about medical waivers is:

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

    Any decision to grant a medical waiver must be made by an immigration officer with Schedule 1-3 delegations (see A15.5).

    When determining whether a medical waiver should be granted, an immigration officer 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.

    Factors that officers may take into account in making their decision include, but are not limited to, the following:

    the objectives of Health instructions (see A4.1) and the objectives of the category or instructions under which the application has been made;

    the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;

    whether the applicant has immediate family lawfully and permanently 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);

    whether the applicant's potential contribution to New Zealand will be significant;

    the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).

    An applicant who is the partner or dependent child of a New Zealand citizen or residence class visa holder, 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.

    An immigration officer 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.
    An immigration officer must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.


    It really depends on how INZ see the matter of your mother's future health. I guess what they are concerned about is that she may need expensive treatment in a few years and they are trying to protect their already overburdened health system. If she isn't able to get a waiver, two other options that may be available, although not very satisfactory if you want her living in NZ with you permanently now, is that she applies again after she has been cancer-free for 5 years or that she stays 3 months in NZ on a visit visa (I'm not sure what country she is in) and then leaves for 3 months before returning again for another 3 months. However, this can be a costly exercise and isn't as ideal as for British people who can stay in the country for 6 months on a visit visa before leaving for 6 months. There is also the Parent/Grandparent Visit Visa but, again, that asks for a medical certificate. I don't now how they would look at your mother's case if she was only staying short term instead of permanently.

    3.110 Parent and grandparent multiple entry visitor visa instructions

    The objective of the parent and grandparent multiple entry visitor visa instructions is to facilitate opportunities for parents or grandparents (and their partners) to visit their New Zealand citizen or residence class visa holder children or grandchildren, through the grant of multiple entry visitor visas.
    To be granted a visa under these instructions applicants must:
    lodge an application for a visitor visa, as set out in E4, from outside New Zealand; and
    meet the requirements under Generic Temporary Entry Instructions; and
    provide a full medical certificate as if their intention were to remain in New Zealand for more than 12 months (see A4).
    Children of the principal applicant or of their partner may not be granted a visa under these instructions to accompany their parent but must obtain a visitor visa in their own right.
    Applicant(s) must be sponsored by the principal applicant's child or grandchild aged 18 years or older who meets the sponsorship requirements set out at E6.
    In cases where a child or grandchild is under 18 years of age and therefore cannot sponsor the applicant(s), a parent of the child or grandchild of the principal applicant may nevertheless sponsor the applicant(s) if they meet the sponsorship requirements set out at E6, regardless of whether that parent is a child of the principal applicant.
    Where (e) occurs, evidence must be provided of the family relationship of the child or grandchild to the sponsoring parent.
    The sponsor may sponsor only one person or one family unit (principal applicant and their partner) at one time.

    V3.110.1 Supporting documents

    Despite V2.20, people applying under these instructions must provide a Sponsorship Form for Temporary Entry (INZ 1025) completed by their New Zealand citizen or residence class visa holder child or grandchild (or by the parent of their child or grandchild). (see E6)
    Immigration officers must sight the following:
    evidence of the New Zealand immigration or citizenship status of the sponsor; and
    documents that confirm the principal applicant's relationship to the child or grandchild.

    V3.110.5 Length of permitted stay

    Despite V2.5 and V2.15, applicants who are approved under these instructions may be granted a 3-year multiple entry visitor visa, allowing visits of 6 months from each date of arrival provided that:
    the sponsor intends to be in New Zealand during the period of any visit to New Zealand permitted by that visa; and
    the sponsor supports the application.
    Despite V3.110.5 (a) applicants are limited to a maximum stay in New Zealand of 18 months in total during the currency of the visa.

    V3.110.10 Issue of further multiple entry visitor visas under these instructions

    A further visitor visa under these instructions will not normally be approved within 3 years of the date that the most recent visa was granted under these instructions.
    The following people will not normally be eligible for a subsequent multiple-entry visitor visa under these instructions:
    people who were granted a visa under these instructions and whose sponsor was not in New Zealand during the period(s) of their visit(s) to New Zealand;
    any person granted a visa under these instructions, who remains in New Zealand for a period in excess of the maximum allowable stay (18 months).
    Mother Bear

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  3. #3
    yingshan8090 is offline Junior Member
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    Hi MotherBear, thank you soooooo much for your reply, the following is the medical assessor's report:(sorry for some content is not that clear from the the report as some content has been cut off when the report was scanned thru.)

    The applicant has a condition listed in immigration instructions which is considered to impose significant costs and/or demands on nz health services.

    "-This is a difficult me and the visa officer may wish to ....consider the following of medical waiver considered. this applicant ....has ...a 15-20% risk of recurrence of this disease in the 5 years following treatment.
    -The tumour was removed Jan.2010
    -No chemotherapy-this is reasonable as chemotheray does not appear to alter the overall outcome in this disease process.
    -The recurrence risk (based on the time since treatment) is greater than 10% so fulls under the listed group of conditions determened to impose signaficant costs (as in the case of recurence) and ...demands (cancer services in Nz are significantly ....)should a recurrence occur.
    Given this is a Grade 1A lung cancer we would reconsider 3-4 yrs post treatment with prognostic data from the managing specialist, we would certainly reconsider it 5 years po..... treatment of no recurrence.
    -No Contraindication to waiver. "

    "no Contraindication to waiver" means to it cannot be waivered or? I am not sure. Also for the factors INZ will take into account to grant a medical waiver,
    "whether the applicant's potential contribution to New Zealand will be significant;"---- how can I convince them with this point? my mother is just a housewife.

    and for "the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily)." ----should I tell them she intents to enter nz permanently or temporarily?

    I am the only child in our family and have a PR in NZ and a permanent job and kiwi partner, I am Chinese. at the moment, I am just so stressed out with this matter, we can not afford to live in apart, even thou. my mum is healty as normal person, but no one know what is going to happy in the future, she really wants to come over stay with me and my family in NZ.....I dont know wht to do....

  4. #4
    yingshan8090 is offline Junior Member
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    Hi MotherBear, thank you soooooo much for your reply, the following is the medical assessor's report:(sorry for some content is not that clear from the the report as some content has been cut off when the report was scanned thru.)

    The applicant has a condition listed in immigration instructions which is considered to impose significant costs and/or demands on nz health services.

    "-This is a difficult me and the visa officer may wish to ....consider the following of medical waiver considered. this applicant ....has ...a 15-20% risk of recurrence of this disease in the 5 years following treatment.
    -The tumour was removed Jan.2010
    -No chemotherapy-this is reasonable as chemotheray does not appear to alter the overall outcome in this disease process.
    -The recurrence risk (based on the time since treatment) is greater than 10% so fulls under the listed group of conditions determened to impose signaficant costs (as in the case of recurence) and ...demands (cancer services in Nz are significantly ....)should a recurrence occur.
    Given this is a Grade 1A lung cancer we would reconsider 3-4 yrs post treatment with prognostic data from the managing specialist, we would certainly reconsider it 5 years po..... treatment of no recurrence.
    -No Contraindication to waiver. "

    "no Contraindication to waiver" means to it cannot be waivered or? I am not sure. Also for the factors INZ will take into account to grant a medical waiver,
    "whether the applicant's potential contribution to New Zealand will be significant;"---- how can I convince them with this point? my mother is just a housewife.

    and for "the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily)." ----should I tell them she intents to enter nz permanently or temporarily?

    I am the only child in our family and have a PR in NZ and a permanent job and kiwi partner, I am Chinese. at the moment, I am just so stressed out with this matter, we can not afford to live in apart, even thou. my mum is healty as normal person, but no one know what is going to happy in the future, she really wants to come over stay with me and my family in NZ.....I dont know wht to do.... Edit Post Reply With Quote .

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