student visa - medical issue re: SURGERY

[deep]

Hi

I have been in NZ on visitor visa in June and applied for NZ Student visa whilst here. Also had done my xrea an medical. I found I had a stomach tumor after my medical so I went back to my home country for treatment and had surgery.

The doctor removed tumor and pencriea from my stomach and now I'm all good. However, I got an letter from NZ immigration that

"Our assessment of your application We have completed a further assessment of your application and note that you may not be of an acceptable standard of health for the reasons set out below.

Immigration Instructions A4.15 states that applicants for temporary entry class visas must have an acceptable standard of health.
Medical assessor’s comments Your medical and chest x-ray certificates have been assessed by the New Zealand medical assessor on 15 August 2016.

The medical assessor has advised that you do not meet the acceptable standard of health for entry to New Zealand on the basis that you are likely to impose significant health costs or demands. Refer to Immigration Instructions A4.15.
Specifically the medical assessor has noted:

“Papillary carcinoma of the pancreas. Time since surgery is such that the risk of recurrence remains over 10 %. Noted that the applicant has had most of the pancreas now removed.”

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 may provide further information by 26 September 2016. Any comments or further information must be provided by 26 September 2016.

For example, you may provide a medical opinion from a suitably qualified professional. Please note Immigration Instructions A4.15.1"


could any one advise me what should I do to satisfy immigration officer that I'm all good now though have pancreas has been removed.
please advise. thanks

[ChrisMwn]

so in terms of A4.15.1 you need to have your own specialist provide a report which says that either the chance of a cancer re-ocurring is less than 10% and/or that any recurrance is not likely to happen within the validity of the visa that you are currently applying for.

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

The following factors have no bearing on whether an applicant is unlikely to impose significant costs or demands on health services:
The ability of a person or organisation to pay for health services, pharmaceuticals, or residential care which may be required.
The ability of an applicant to gain access to the private health system.
The applicant’s possession of health insurance.
The capacity of family, friends, or a charitable organisation to provide care for an applicant.

[deep]

Thanks Chris.

I'm bit confused so would like to discuss here.

If I show my and parents' funds that tells if I get sick in NZ I have enough funds to get my treatment done or either back to my country.
Also I'm applying for student visa which means if I get sick here in NZ then NZ govt is not going to spend money on my treatment so wondering why letter is saying I'm going to impose significant cost on NZ gvt which is on case of resident visa ..not on student visa.

I'm thinking to show funds evidence and doctor's letter in reply to above nz question. Checking are these enough or do I need to show someth

[ChrisMwn]

you are mis-reading this. Whether you have funds, or insurance , or private health case, has no bearing on a decision as to whether you might impose costs or demands on NZ System.

What you need is a report to show that treatment is not likely to be required in the next 12/18/24 months, and/or that the risked of cancer recurring is <10%, in other words disputing what the MA is saying, with your own specialist report.

[deep]

I see. thanks Chris. The doctor(not nz panel doctor) who did my surgery sent a report to immigration and report shows I have got more than 10% chance to get the disease(tumor) back so not sure what's the next option? Do you reckon if I will go to NZ panel doctor then will take make any difference? thanks

[ChrisMwn]

its always best if medical information comes from those who know you best, i.e. your own specialists.
It seems the only argument you can make is whether, an"Assessment of whether an applicant for a temporary entry class visa 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 "

In other words have tour specialist indicate what is the likelihood that you will require hospitalisation, or high cost pharmaceuticals over the next 1-2 years, if that is the length of the visa you are applying for.

[deep]

Hi

Can anyone help me this? My doctor sent all reports showing that I'm all good with heath wise and have no chance of tumor atleast for my study visa duration. The letter I got from immigration saying that

"Thank you for your email dated 25 September 2016 providing additional information and comments about the concerns we have regarding your health.

Our assessment of your health

We have completed a final assessment of your health taking into account the

information and comments you provided and have concluded that you do not have an acceptable standard of health.

This means that you are not eligible for a temporary entry class visa unless the temporary entry class visa health requirement is waived. Applicants for temporary entry class visas are not normally considered for the grant of a medical waiver, unless they meet the criteria specified in the immigration instructions at A4.65; which can be found below in Appendix A.

You do not meet the criteria in A4.65 (see Appendix A below) and cannot be considered for a medical waiver. We are nonetheless giving you the opportunity to make comments or provide additional information to show why you think an exception to the health requirements of the immigration instructions should be made for you.

What can you do now?

We have not made a decision on your application at this stage. It is in your interest to write to us with your comments or send us additional information to explain why you think an exception to health requirements of the temporary entry class immigration instructions should be made."

can anyone help me? I'm so stressed. thanks or can someone advise me good immigration lawyer for student visa in christchurch so that can take good advise? thanks