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Thread: Hepatitis B, medical waiver?

  1. #1
    Pandapanda is offline Junior Member
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    Question Hepatitis B, medical waiver?

    Hi All

    I am new to this forum, trying to find my way around.

    I have a very long story to tell.


    Me Yuan- 48 years, married, no children.
    Husband : KL- 49 years.

    We came to NZ on visitor permit in November 2002 from Hong Kong, then on work permit from June 2003 onwords. KL was found found to be positive for the Hepatitis B antigen when under full medical check up for our residence application in 2006. After further examination it was found that KL suffered from liver cirrhosis due to Hepatitis B. He then attended a hospital clinic to consult a Gastroenterologist and Hepatologist and require santi-viral therapy indefinitely with three-monthly blood test monitoring and specialist review every six months. KL has a good response to anti-viral therapy and it is unlikely that he would suffer any serious complications related to his liver disease, application for residence was declined as he did not have an acceptable standard of health in August 2007.

    An appeal was lodged against the decision of Immigration New Zealand declining the application in August 2007. As we wish the Residence Review Board to consider our special circumstances. KL and I have no children. After six years living and working in New Zealand we have considered New Zealand our new home as KL's elderly mother and five siblings are all living in New Zealand.

    However the appeal was not successful. We received the decision of the Residence Review Board in March 2008. The appeal was declined as the Review Board supported the decision of New Zealand Immigration to decline our application due to he does not meet the health Standard,despite the fact that KL has a good response to anti-viral therapy and it is unlikely that he would suffer any serious complications related to his liver disease. He is able to and willing to pay for the cost of health services. All KL's immediate family lawfully and permanently resident in New Zealand. He has been living in New Zealand for six years and consider New Zealand his home.

    We paid big money to an agent who said he could help us towords our NZ residence due to the special circumstances. However, this turned out to be a nightmare, the agent took our documents and money and disappeared.
    We are not sure what to do, where to go.

    It would be appreciated if any one can any light.


    Many thanks


    Yuan

  2. #2
    MotherBear's Avatar
    MotherBear is offline The missing link
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    Yuan, I'm so sorry to read your story. Unfortunately, I don't know what to advise you as Hepatitis B is on the list of medical conditions deemed to be a problem and I guess INZ is sticking to the rules. I assume when you say you appealed against the decision, you mean you applied for a medical waiver?

    I don't think it would make any difference if KL could pay for his medical expenses because the problem lies with the stress on the NZ health service. There seems to be a chronic shortage of medical staff in the country for some reason and this is causing a lot of problems with people getting proper health care. I have heard of people saying they will get private health insurance to cover them, but it has made no difference.

    Did you report the agent who took your documents and money to the police? He needs to be found and made to pay your money back. I would have advised, due to your difficult circumstances, that you seek professional advice, but, having read that, I guess you wouldn't be too keen to follow this route again although we do have an onboard immigration consultancy linked to this forum New Zealand Shores. They are known to us and aren't a 'fly-by-night' company that is likely to disappear overnight. They are based in Hamilton, North Island, but I don't know if they could help you in any way. You can read about them here.

    Good luck!
    Mother Bear

    Try to bloom wherever you are planted.

  3. #3
    Pandapanda is offline Junior Member
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    Default Hepatitis B problem

    Hi MotherBear
    Thanks you very much for your advice.
    Should we have found this forum earlier our situation might be different.
    We dare not report the agent the policy, as we do not have our passports and we do not know what our status are .
    We have applied for medical waiver, but was unsuccessful. We have lodged appeal but it was unsucceful.
    KL's elder mother is 85, all KL's fiver siblings are perminentely and lawfully living in NZ. After six years living in NZ, we have got used to the life here, we enjoy having the family around as we have a close family unit.
    MotherBear I am sure if we can write to Immigration Minster to see if he can consider our case an exception to policy (with humanitarian ground) as there are special circumstances.

    Thanks and regards
    Yuan

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    The agent stole your passports? That was not your fault so the police should only try to help you. If you stay in NZ or you go back to your country, you will need passports, so you must apply for new ones or it could be a problem.
    Mother Bear

    Try to bloom wherever you are planted.

  5. #5
    Pandapanda is offline Junior Member
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    Default Hepatitis B problem

    Hi Mother Bear
    The agent did not steal them we gave the passport to the agent with all supported documents, but the agent disappeared.
    Should we go to the policy we might get removal order as we think we might have become overstayers.
    KL does not want to go back to HK as all his family are in NZ.
    Also his elderly mother whose health deterioted when she realise our situation.She enjoys the close support of all her family members. KL has a close family ties to NZ.
    I just do not understand while we can pay for the cost of the treatment and it is unlike that KL's conditions will develop to complication, NZI just refused us. No you are not welcome in NZ. Sad.
    Yuan

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    MotherBear's Avatar
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    Quote Originally Posted by Pandapanda View Post
    The agent did not steal them we gave the passport to the agent with all supported documents, but the agent disappeared.
    If he took your passports with him when he disappeared or otherwise deprived you of them, it's the same as stealing them. He took them from you, but didn't give them back.

    Did you get new passports? I was trying to explain that, if you have to go back to HK, you will need passports or, if you get to stay in NZ, you will also need passports because they will need your passports to put the visas in.

    I think the reason why they don't want you to stay in NZ even though you can pay for medical treatment, is because there just aren't enough doctors and nurses to look after all the sick people already and they are afraid that more sick people will make the situation worse.
    Mother Bear

    Try to bloom wherever you are planted.

  7. #7
    Pandapanda is offline Junior Member
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    Default Hepatitis B problem

    Hi Mother Bear
    Thanks for your advice we are going to apply for new passports.
    We might prepare to leave when we have the new passports. It is such a pain to be in the dark.

    Yuan

  8. #8
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    It is not a very good way to live, never knowing what is going to happen. You can't settle properly then.

    I think quite a few people have had to face this dilemma or will have to in the future when they apply for residency or any other long term visa. Personally, I think the NZ government should be making an effort to find out why their health service is in such a poor state and trying to do something about it, rather than causing so much upset by splitting up families like this.
    Mother Bear

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    Pandapanda is offline Junior Member
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    Smile Hepatitis B problem

    Hi Mother Bear
    I wrote to our local MP regarding our situation and we have provided all materials we have got left ( a copy), and we are now waiting to hear back from the MP office. : )
    Will keep you updated should there be any good news.

    Regards
    Yuan

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    Good luck, Yuan!
    Mother Bear

    Try to bloom wherever you are planted.

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