Parent category visitor visa declined due to NOT ASH:( - Help needed

[sanakiwi]

Dear All,

I am in NZ for the last 7 years and a resident since 2012 with my spouse and a new born (4 weeks).

Long story short, I applied for a temporary entry parent category visitor visa for my parents on 16th May 2013 but INZ have declined it stating that my father is not an acceptable state of health (NOT ASH) and is likely to impose significant costs to NZ health care and hence doesn't qualify for a medical waiver either. He is 68 yrs of age and had a bypass heart surgery done in 2000 but is still healthy with no issues whatsoever. I removed my mother's name from the original and with a fresh individual application, she was granted a visa.

I should have sought help (this forum or even professionally) before giving a response to the initial MA's comment on a referral but responded in a letter that the suggested costs in a likely event of occurrence will be covered by me with the evidence of funds & property and so did my father with a medical specialist's opinion on his health and evidence of funds.

It was a long stressful journey (more than my own resident visa to be honest) and it just came out in utter disappointment. The whole family is shattered with the news since my mum has to travel alone. Given that I have moved to NZ, I am really worried on the likelihood of my dad traveling to NZ at all.

NOW, I couldn't relate my experience to any of the other members in this forum through a search hence reaching out to you all for suggestions, advise on the next feasible steps please. Is there any other way? Can he apply through a general visitor visa (3 months) or a tourist visa or reapply with international health insurance or any other alternatives?

I'd really appreciate your valuable feedback.

Here's the excerpt of the email FYR
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We have declined your application for a visitor visa because you do not meet the requirements set out in visitor visa immigration instructions. We have made this decision because: As per the assessment received from the Medical Assessor Mr. xxx xxx does not seem to have an ‘Acceptable Standard of Health’ An email was sent requesting your sponsor to address the concerns addressed by the Medical Assessor, however the response given did not rule out our concerns. As per our visitor visa requirements any applicant included in the application should have an acceptable standard of health. However as per the Medical Assessor’s opinion the applicant is not an ‘Acceptable Standard of Health’ is likely to impose significant costs or demands on New Zealand's health services during the period of intended stay in New Zealand. We have considered whether the imposition of a bond or the granting of a limited visa would mitigate our concerns but we do not think that they would. We have also considered whether there are any special circumstances which would warrant an exception to immigration instructions but we can find no reason to grant a visa as an exception. As per instruction A4.65 (pasted below) Mr. xxx xxx does not qualify to be considered for a medical waiver.

[sanakiwi]

Just posting an update that a subsequent visitor visa application under general category for 2 months for my dad was also declined indicating the same reason. We enquired the CO & she said if the supporting doc, which is a positive 64 slice CT angiogram, is submitted along with a fresh application, then it may be considered. We are going down this path.

Also refreshing this thread to check if any of our friendly members have had similar experience where a person's visa was declined on medical grounds (Not ASH) but was granted again with supporting documents on a fresh application? Thanks

[Karen Phillips]

Hi. I did have a client recently whose mother had been declined a visa on grounds of not being ASH in very similar circumstances (different medical issues). She was also declined for the general visitor visa too, but as soon as we got the letter warning us that this was likely to happen and inviting comment we sent in further medical evidence and the visa was eventually granted after further deliberation by the Medical Assessors. If you believe you can get the medical results required, it might be worth pursuing. Have you still got time to respond or is too late for this application? Kind regards. Karen

[sanakiwi]

Thanks much for your response Karen, couldn't update earlier. I checked with the CO and she asked us to lodge a new application as the decision was already made and the passport was returned.

We did the suggested test & it showed no artery block which is good. But the panel doctor now wants a conventional angiogram done to show the percentage of block in case if the NZ MA would be interested.With the report, my Dad consulted 2 other reputed cardiologists and they have confirmed that he is stable and that he doesn't need to worry for another 15 years. My mum is here with me in NZ and we don't want to do the angiogram as the letter from NZ MA did not request for it either.

Just wondering whether the NZ MA ONLY reviews the panel doctor's opinion or do they also consider a specialist (who is not a panel doctor) opinion???any thoughts anyone?

Ps:I've started it here, my bad but requesting the admin to move this thread to medicals forum.

[parpalhou]

Given my experience with my daughter's visitor visa and ASH issues, I would say that the MA will consider outside expert opinions. The panel doctor is not a cardiologist, so a specialist's opinion should matter more. Do you have their reports in writing? I would suggest that you ask for letters from these experts that very clearly state that your father's health is stable and not in immediate danger of requiring expensive treatment. In our case the panel doctor was really just a formality - in fact, he ticked the "no significant findings" box when my daughter clearly did not meet the ASH as laid out by INZ. We sent in as much documentation as we could, although it did not change the MA's opinion.

[Karen Phillips]

I agree. They do consider the opinion of reputable medical specialists. I don't know much about angiograms - is the issue that they are invasive or expensive?

[sanakiwi]

Thanks parpalhou. Yes, we just managed to get all the reports written from a Specialist (Cardiologist) yesterday with the Panel doctor's referral and he has mentioned that no cardiac intervention is required. Happy that my dad is in good health, now its all in the hands of NZ MA to consider and approve.

@Karen: Regarding angiogram, apart from the cost, there was no artery block to identify which came out in the 64 slice angio test results. Hence we didn't want to perform a conventional angiogram.

[sanakiwi]

I am currently in dilemma on the category of Visitor Visa (Parent or General) to re-apply. I can re-apply under 'Parent' but just not sure if it'll delay the process with more concerns from NZ MA such as to support our claim with a risk percentage of surgery from specialist, etc as the validity is for 3 years. But a general category visitor visa may be quicker as its only for 6 months and guessing that NZ MA consider that as a low risk. So,not sure...

Appreciate any suggestions on this, I'm planning to apply on 10th Feb, fingers crossed.

[parpalhou]

Is your intention for your father to come just for a few months, or for an extended period? If it is for a short time I think I would go the general visitor route. I can only speak from my experience, but we applied for a visitor visa through the family stream and it seemed like they were considering future visas as well, not just the immediate visitor visa (it was a different situation in my case as it was for a child who would be going from a visitor visa to a student visa because of her age, but it seemed like they were considering the future possibilities).

I am currently in dilemma on the category of Visitor Visa (Parent or General) to re-apply. I can re-apply under 'Parent' but just not sure if it'll delay the process with more concerns from NZ MA such as to support our claim with a risk percentage of surgery from specialist, etc as the validity is for 3 years. But a general category visitor visa may be quicker as its only for 6 months and guessing that NZ MA consider that as a low risk. So,not sure...

Appreciate any suggestions on this, I'm planning to apply on 10th Feb, fingers crossed.

[Karen Phillips]

Hi. It might be better for you to try a general visitor visa for now. He still needs to be ASH and I had a quite a fight on my hands with a previous client. However, make sure you cover every possible concern that might arise with a letter from medical professionals and ensure you state your case as clearly as possible. Applicants for the parent visitor visa are assessed medically as thought they applying for residence. Good luck!