Medical waiver: Partner work Visa

[dennisleeanne@g]

Hello. I do apologise for the long message but I want to include as much info as possible. My name is Lee-Anne. I have applied for a work visa with my husband as the main applicant. Hubby has been in NZ since 9 December 2016 and we were meant to fly out on 6 February 2017. My boys and I passed our medicals but I was later diagnosed with breast cancer, stage 2. I disclosed this in good faith thinking perhaps it counts. Nobody in my family has cancer. It was just one of those unfortunate untimely event. I currently undergoing treatment. I completed my fourth cycle and will be undergoing a test on 6 April to see if I am cancer free. In short Immigration has painted a very bleak picture with this reply: The applicant has a condition listed in Immigration instructions which is considered to impose significant costs and/or demands on New Zealand’s health services. She has a malignancy of a solid organ for which she has not yet completed treatment. The applicant has had invasive ductal Carcinoma of her right breast diagnosed in 2016.She has not yet finished her treatment, and as per the specialist letter, high cost medical and/or surgical input is likely to be required while in New Zealand. Oncology and breast speciality services are already overburdened.

In terms of the immigration health instructions anyone that is likely to impose significant costs or demands on the New Zealand health services may not be granted a visa unless a medical waiver or an exception to instructions (ETI) is granted. Please note that we have contacted our health assessment team in New Zealand and sought confirmation as to whether the last reports provided were included and if the assessor took account of it before making the decision – the response was that yes, it was included. Therefore you are currently considered to be NOT ASH.

Only certain persons are eligible for a medical waiver consideration. You applied for a work visa based on partnership to a work visa holder. As a result you are not eligible for a medical waiver consideration.

Please note that the last step in the process for us, before making the final decision, is to consider an ETI. ETI’s are not granted lightly, there has to be extenuating circumstances that warrant approval. I must also warn you that given your recent diagnosis coupled with the fact that you are still on treatment and that our oncology services are limited, it is going to be very difficult to approve an ETI. This may appear to be harsh but we are obliged to be as transparent as we possibly can in reaching the final decision on your application.

[parpalhou]

Sorry that you're having to deal with this. It's true that you can't get a medical waiver with a work visa, but you can get an exception to instructions, which is actually a lot quicker than a medical waiver. We received an ETI for our daughter when we applied for a work visa, thanks to my husband having a very specialised job. You don't mention what sort of work your husband does? He will also have to write a letter saying that he will not stay in NZ without you.

Just be aware that they may still make things difficult for you even if you are declared to be cancer-free, since your treatment was so recent. In any case I would wait until you have completed treatment and then ask your doctor to write a letter saying that you are unlikely to need further treatment during the duration of your visa. I think that until you can provide that they are unlikely to grant you a visa, unfortunately.

Hello. I do apologise for the long message but I want to include as much info as possible. My name is Lee-Anne. I have applied for a work visa with my husband as the main applicant. Hubby has been in NZ since 9 December 2016 and we were meant to fly out on 6 February 2017. My boys and I passed our medicals but I was later diagnosed with breast cancer, stage 2. I disclosed this in good faith thinking perhaps it counts. Nobody in my family has cancer. It was just one of those unfortunate untimely event. I currently undergoing treatment. I completed my fourth cycle and will be undergoing a test on 6 April to see if I am cancer free. In short Immigration has painted a very bleak picture with this reply: The applicant has a condition listed in Immigration instructions which is considered to impose significant costs and/or demands on New Zealand’s health services. She has a malignancy of a solid organ for which she has not yet completed treatment. The applicant has had invasive ductal Carcinoma of her right breast diagnosed in 2016.She has not yet finished her treatment, and as per the specialist letter, high cost medical and/or surgical input is likely to be required while in New Zealand. Oncology and breast speciality services are already overburdened.

In terms of the immigration health instructions anyone that is likely to impose significant costs or demands on the New Zealand health services may not be granted a visa unless a medical waiver or an exception to instructions (ETI) is granted. Please note that we have contacted our health assessment team in New Zealand and sought confirmation as to whether the last reports provided were included and if the assessor took account of it before making the decision – the response was that yes, it was included. Therefore you are currently considered to be NOT ASH.

Only certain persons are eligible for a medical waiver consideration. You applied for a work visa based on partnership to a work visa holder. As a result you are not eligible for a medical waiver consideration.

Please note that the last step in the process for us, before making the final decision, is to consider an ETI. ETI’s are not granted lightly, there has to be extenuating circumstances that warrant approval. I must also warn you that given your recent diagnosis coupled with the fact that you are still on treatment and that our oncology services are limited, it is going to be very difficult to approve an ETI. This may appear to be harsh but we are obliged to be as transparent as we possibly can in reaching the final decision on your application.