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Thread: Denial Before Applying? Worth even trying?

  1. #1
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    Default Denial Before Applying? Worth even trying?

    Hey guys,

    I am a NZ citizen living in the US. I married here and have a greencard. My mife is USC and we have two girls born here.

    My wife has something called freidrich's ataxia and is permanently in a wheelchair. Its a genetic disorder and it would be spread across a couple of different bullet points on the list of medical conditions that would have high costs and will result in a denied application by the MA.

    So the next step will be a Medical Waiver, and there are only 4 reasons that are on the list for denying a Medical Waiver. The only issue is the last one that says anyone that anyone who would need full time care can not be given a medical waiver.

    My wife does not receive any care or medication here in the US, although she used to get an aide for a couple of hours a day. What do you think they would view as full time care? Is there a Immigration New Zealand definition of the term available anywhere? Would it be based on the disorder itself or the auctual severity of my wifes's case? When I called they would not tell me, they just said I would have to go through the process and pay the fees to find out.

    I dont want to spend money if its unlikey we will be able to come home to NZ to live. I am not able to find any simular situations online. I did look through the immigration appeals board cases and couldnt find one where a spouse had even gone that far for a medical reason. Would that be because people just dont apply if they have a disabled wife? or because they let them in at the medical waiver stage?

    Is there any way to fast track straight to the medical waiver stage rather than waiting on the MA's to make decisions that I already know will result in denial? The Immigration department already told me they they cant change policy so not to expect the application to be accepted until maybe Medical Waiver stage.

    Sorry for all my ramblings, it just seems sad that we have to stay here with no family in the US where in NZ all my family could help us.

    Thanks!

    Bevan

  2. #2
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    Immigration decisions aren't the last pitstop, you can appeal and you may find some answers more specific to your situation by using the search decisions tab here

    http://www.residencereviewboard.govt.../res_home.aspx

  3. #3
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    Thanks for the reply Whakapapa,

    I got the name wrong,

    "I did look through the immigration appeals board cases and couldnt find one where a spouse had even gone that far for a medical reason. Would that be because people just dont apply if they have a disabled wife? or because they let them in at the medical waiver stage?"

    But good advice thanks, thats where I didnt see any spouse cases.

    Thanks!

    Bevan

  4. #4
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    Hello and welcome.

    I don't know a solution for you. But though it seems hard, I believe you will have to go through the whole procedure in order to get your answer - I've never heard of any way of cutting out any part. That said, your situation is a very unusual one, and there's a strong compassionate argument in favour of a waiver.

  5. #5
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    Hi Bevan,

    My officials English may well be letting me down here, but this:

    d. 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.
    (see: here)

    in combination with this:

    A4.60 (c) People who:
    - 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
    who were declared in that application but were not included in that application as non-principal applicants;
    -and
    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.
    (see: here)

    sounds quite hopeful to me.

    I'm reading this as: Unless your wife is subject to any of the points in A4.60 (c) - which I couldn't see how she should - you're standing a good chance.
    Obviously they don't say what "specific reasons" would entail, but if "specific reasons" included full time (or part time) care, then they would refer to A.4.60 (a) at that point... Or am I misguided?

    Edit: I wish you the best of luck with this, because that would indeed be very very sad.
    Last edited by PikkuMyy; 20th October 2010 at 03:24 AM.

  6. #6
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    Thanks for the replies!

    My concern is this:

    A4.60 Medical waivers (applicants for residence)
    a,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:

    iv.they have a physical incapacity that requires full time care.

    Thats the issue right there... I wish I knew how they decided.

    I guess I am just going to go with it. Its such a risk but the benefits would be worth it. I am just worried that I will ruin my family financially and emotionally if we fail.

    Thanks again for your replies!

    Bevan

  7. #7
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    A4.60 Medical waivers (applicants for residence)
    a,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:

    iv.they have a physical incapacity that requires full time care.
    yes, but that doesn't seem to apply to partners of NZ citizens - to them the only danger seems to be A4.60 c, while what you quoted is A4.60 a.

    Again, I may be misinterpreting this - maybe someone else could read through those points and let us know their take on it?

    By the way, have you tried the online help? You may get exactly the same answer as when you called, but might be worth a try. They do get back to you within five working days, and I've experienced them as being quite helpful.

  8. #8
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    Quote Originally Posted by yokomist View Post
    iv.they have a physical incapacity that requires full time care.

    Thats the issue right there... I wish I knew how they decided.
    I had a look through and there is a declined application under the family category for someone who was 92, and the Physician report stated she would need full time care (residential) at a cost of $700 per week. I'm a bit confused as to why you're worried about this when you say your wife isn't in need of care at present.

  9. #9
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    Thanks for taking the time to look Whakapapa,

    In that case it was a petition for a parent so hopefully they are more likely to grant a spouse?

    I am worried about them deciding she needs full time care because she is wheelchair bound and cant really do alot. I hope they dont see it as a safety issue her being either home alone while I work or being a mother. Its a fine line even here in the states.

    The other reason would be that alot of people with her disorder do need full time care and therefore they might decide that at some stage its likely she might?

    I guess if you guys dont think its too much of an issue I should just go for it!

    Thanks

    Bevan

  10. #10
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    If your wife doesn't receive any care or medication at present, presumably her doctor will say so, and why not, and this should help with the review of her case which will be undertaken.

    It's certainly true that the 'partner' part of the family stream outweighs those for other relationships, so it may well be true for medical waivers also. (They want their Kiwis to come home.)

    It's understandable that you are worried about the outcome, and no doubt you'll have some sleepless times ahead, but nobody is going to tell you yes or no OUTSIDE the system. If you want to have a chance of getting to NZ, this is the only door to pass through. Courage, and good luck. ((()))

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