Work Visa under partnership medical issue

[gcapd]

Hi there. My mom has been working in New Zealand for 6 years and lately she was found to have a severe heart valve problem which may require surgery. She is on an interim visa right now. Is there any chance she will be given a work visa under partnership with her medical condition? Can she be given a medical waiver? Can she appeal under Section 61 if visa is declined? Thanks in advance

[JandM]

What visa was she on before?

Looking here http://onlineservices.immigration.go...nual/44863.htm, it looks as though there is a chance of a medical waiver, depending on what has gone before.

[gcapd]

Hi JandM
She has been on an open work visa for 6 consecutive years under partnership dependant on my father who is the principal applicant.

[JandM]

So there is probably nothing standing in the way of her being considered for a waiver - as you'll see in the regulations, it can't be considered if the person would have been eligible for a partnership visa but wasn't included, but that's not her case.

This is bad luck, it coming to light just now. All the best to her.

[gcapd]

Thanks JandM. Is she be entitled to Section 61 visa pleading to an officer that she needs urgent medical attention a heart valve replacement surgery? Or is she able to get a visitor visa with the purpose of being treated here? We are very sad we are financially incapacitated.

[JandM]

Nobody has ever posted about those situations, so I can't point you to any experience that might help.

Reading what you have written, though, I think you are (understandably) mixing the two issues - whatever her medical needs are, and the grant of a further partner-sponsored work visa. It isn't likely to help the application get through INZ to be telling them how she urgently needs an operation.

I wonder - and this is something you would need to check with the authorities, because I don't know a precedent - is she perhaps still entitled to use the NZ Health Service at the moment, on her Interim visa? Because she would have been covered, starting as soon as she had work visas entitling her to live and work in NZ for two years.

[gcapd]

Thanks JandM. Her interim visa expires on December. I hope she will still be covered even in an interim visa because the visa still entitles her to the conditions on her expired work visa.

[JandM]

I hope so, too, for her sake. If it turns out to be true, with luck she may be able to get the treatment soon, which of itself would mean the prognosis should be a whole lot better, and help get the next visa. But I don't KNOW it would work that way - I just wondered, and think that, if it was me, I would start asking the questions.

[gcapd]

Hi JandM. My mum is under medication for Warfarin and bloodtests once a week to see if she will need to have a surgery. However this is wahat immigration response today.
Our assessment of your application

We have completed an assessment of your application and have identified the following issues which may have a negative impact on the outcome of your application:

Not Acceptable Standard of Health



We have completed an assessment of your application and note that you may not be of an acceptable standard of health as required by immigration instruction A4.15(a), for the reasons set out below.



Medical assessor’s comments

We sent your Medical & Chest X-Ray Certificates to the Immigration New Zealand medical assessor on 19 August 2016. These were received back on 22 August 2016.



The medical assessor has advised that you do not have an acceptable standard of health for entry to New Zealand on the basis that you are likely to impose significant costs or demands on New Zealand’s health services.



Specifically the medical assessor has noted: Severe rheumatic mixed mitral valve disease with pulmonary hypertension. Will need further cardiac evaluation immediately, medical intervention and possibly cardiac valve surgery in the future.



You also do not appear eligible for a medical waiver, as per immigration instructions at A4.65. We invite you to make comments or provide information in response to our concerns.



We have not made a decision on your application at this stage. We invite you to make comments or provide information in response to our concerns. You should provide evidence to support your comments, where applicable.





As the issues detailed above may affect the outcome of your application, we are bringing them to your attention out of fairness to you.



We have not made a decision on your application at this stage. This letter gives you the opportunity to make any comments and submit any additional evidence or information in relation to these issues.



You may provide further information by 01 September 2016

Any comments or further information must be provided to this office by 01 September 2016.

[JandM]

Sorry to hear it, but this is what was expected, isn't it?

Did you get any answer about her being eligible for the treatment on the Interim visa?