Temp Visa Application following delay in Skilled Migrant Visa

[petern61]

Hi, I have applied for Residency under Skilled Migrant and have subsequently got a job. My visa will be downgraded to a WTR visa because I need to qualify as a NZ Pharmacist before I can register. The application is being held up because my wife has Arthritis and the MA has been seeking additional medical info for over 2 months now and the worry is that the application will be refused because she has not got Acceptable State of Heath.
I am about to apply for a temp work visa for myself along the WTR policy route.
My question is if I get my temp visa will my wife be able to come with me as a visitor and we then apply again when in NZ if the original application fails. If the application fails on medical grounds will a re-application when in NZ automatically fail again or will a new application and medical be viewed differently?

Lots of info and wide ranging questions but I can't seem to find helpful information on the NZI website that I can understand. And even if I understand it the MA will make a different interpretation of the information.

Thanks in advance, Peter

[MotherBear]

Hi Peter and welcome.

I guess it would depend on how severely your wife is affected by her arthritis and what the MA's prognosis is for the future as to whether there would be a problem. With residency applications, if it turns out there is a problem but it isn't an overwhelmingly big one, there is always the option that your wife could apply for a medical waiver but I don't think this applies with temporary work visas.

A4.65 Medical waivers (applicants for temporary entry)

Applicants for temporary entry will not be considered for the grant of a medical waiver unless:

1. they are applying for work visas or permits as seconded business personnel (see A4.65.1 below); or
2. they have submitted a claim for refugee status in New Zealand; or
3. they are the partner or dependent child of a New Zealand citizen or resident; and
1. the purpose of their stay in New Zealand is to be with that New Zealand citizen or resident; and
2. if they applied for residence in New Zealand they would meet the criteria for residence under the Partnership policy (see F2.5 (a)) or Dependent child policy (see F5.1 (a)); or
4. they have been assessed as not having an acceptable standard of health on the sole basis that they intend to give birth in New Zealand and they meet the requirements as set out in A4.65.5.

For residency applicants:

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:
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.

Below are the health requirements for temporary work visas.

A4.15 Acceptable standard of health (applicants for temporary entry)

1. Applicants for temporary entry to New Zealand must have an acceptable standard of health, unless they have been issued or granted a visitor's visa for the purpose of obtaining medical treatment (see V3.40) or have been granted a medical waiver (see A4.65).
2. Applicants for temporary entry to New Zealand are considered to have an acceptable standard of health if they are:
1. unlikely to be a danger to public health; and
2. unlikely to impose significant costs or demands on New Zealand's health services during their period of intended stay in New Zealand; and
3. (if they are under 21 years of age and are applying for a student visa or permit) unlikely to qualify for Ongoing and Reviewable Resourcing Schemes (ORRS) funding during their period of intended stay in New Zealand; and
4. able to undertake the work or study on the basis of which they are applying for a visa or permit, or which is a requirement for the issue or grant of the visa or permit.

A4.15.1 Assessment of whether an applicant for temporary entry is unlikely to impose significant costs or demands on New Zealand's health services

Assessment of whether an applicant for temporary entry is likely to impose significant costs or demands on New Zealand's health services will take into account whether there is a relatively high probability that the applicant will need publicly funded health services during their period of stay in New Zealand including, but not limited to:

* hospitalisation;
* residential care;
* high cost pharmaceuticals;
* high cost disability services.

Note: Residential care is long term care provided in a live-in facility such as an aged-person's facility or a facility for people with a physical, sensory, intellectual or psychiatric disability.

Note: Applicants who intend to give birth in New Zealand are not considered to have an acceptable standard of health as it is likely they will impose significant costs or demands on New Zealand's health services.

A4.15.5 Requirement to refer Medical and Chest X-Ray Certificates

1. If a visa or immigration officer is not initially satisfied that an applicant for temporary entry has an acceptable standard of health, they must refer the matter to an Immigration New Zealand medical assessor for assessment (or Ministry of Education where appropriate).
2. Notwithstanding the requirement to refer Medical and Chest X-Ray Certificates, as set out in (a) above, where a person falls within the provisions of A4.65.5, referral to an Immigration New Zealand medical assessor is not required.

[petern61]

Thanks MB for your input. It is so good to have a conversation with someone outside of INZ who can understand where we are and can provide some advice.

We have looked at the Medical Waiver option but this can only be applied after the Medical has been declined so we are a week or so off having to make the decision. I also understand that we can refer the decision to another MA.

The issue they seem to be stuck on is the cost of medication. My wife was on an immunosuppressant which traditionally have a high cost however she has not been on these now for nearly 2 years and the one she was on costs less than £5 per month!

Our consultant has written 2 letters but the MA has not been satisfied with the detail and asked for clarification. The last referral suggested that it would be last if the consultant could not provide a reasonable report. So we have an appointment with him sometime this week.

I have applied for a temp visa under WTR, any ideas if we will have any more luck re-applying whilst in NZ?

[MotherBear]

I have applied for a temp visa under WTR, any ideas if we will have any more luck re-applying whilst in NZ?

I wouldn't like to say it would make any difference where you apply from as the medical requirements remain the same for any visa over 12 months in duration regardless of where in the world it was applied for. If you mean that another doctor in NZ might take a different view on your wife's condition and her medication, who knows? Sounds like you might have a bit of a Jobsworth with the MA who isn't taking into consideration that your wife hasn't been on that medication for 2 years. I don't know if it's the same MA who assesses all the medical reports with a question mark hanging over them or if you would get a different one if you repeated the medical in NZ.

PS. And, shhh, please don't mention the word 'advice' . Under new laws, only licensed immigration advisors are permitted to give out advice. We, on these forums, can only discuss and debate issues, point people in the right direction via relevent links etc. or give our own personal experiences. It is very difficult to keep within these restraints and not sound like we're giving out advice.

[petern61]

Ooops MB sorry for using the "a" word, will not exit my keyboard again.

Jobsworth is a fair description of the MA but they have the power. Review or Waiver may be the only way forward if the med fails.

Thanks for your understanding comments - it means a lot at a time that is not full of joy at present