Wife under Cancer Treatment

[amjr1977]

Hi, I have a very specific question about my wife, which is under cancer treatment.
My wife and I learned that she has breast cancer in January 2018. Soon enough she started the treatment and at this stage, she is doing pretty well. Still a few chemotherapy to be done and radiotherapy, but she has done the surgery and the results are really good. There's no sign of live cancer cell and now the rest of the treatment is only for precaution and follow up for the next 5 years.
Ok, apart from this, she still have to renew her visa in the next few months.
Has anyone been trough a situation like this and can tell me if we have to declare that she still under treatment? Is that any chance of the immigration deny her visa due the cancer treatment?
I had a look in the work visa form and it doesn't ask that specific question, also her medical exams still valid until next year, which mean she doesn't need to submit the medical exam for the upcoming work visa application.
Thank you very much

[JandM]

It sounds as though your wife MAY come under A4.65 a iv. https://www.immigration.govt.nz/opsmanual/#44863.htm

What kind of visa does she have at the moment, when was it granted, and when does it expire?

[amjr1977]

She has Work Visa which expires in December 2018 and it was granted in November 2017(before we found out about the cancer).
Thanks JandM

[JandM]

And did she have another visa before that, to allow her to be in NZ?

[amjr1977]

Yes, also one year of Work Visa, then renewed in November 2017 up to December 2018.
Wouldn't that be the case of a normal Work Visa renew as she is finishing the treatment?
Thanks JandM

[JandM]

I was asking the questions to see if your wife would be likely to meet the last paragraph of that regulation.

are the partner or dependent child of a New Zealand citizen or residence class visa holder; and

the purpose of their stay in New Zealand is to be with that New Zealand citizen or residence class visa holder; and
if they applied for a residence class visa in New Zealand they would meet the criteria for residence under Partnership (see F2.5 (a)) or Dependent Child (see F5.1(a)) instructions.

If you and she will have been living together (and have the evidence) for at least 12 months at the time of applying to renew, then she could be applying for partner-sponsored residence, so that would mean she CAN apply for a Medical Waiver.

It's not a good idea not to mention the cancer treatment, although her old medical certificate doesn't mention it. If the matter comes to light, which it very likely will whenever she applies for residence and another medical is necessary, INZ could accuse her of fraud for suppressing the information.

[amjr1977]

That would be the best option JandM, but when I was granted the residency, I was supporting another person, so according to the rules I must wait 5 years to sponsor my wife(has been 2 years so far). I knew that five years rule but we did try to apply a partner visa last year and the immigration declined mentioning the 5 years rule. Also they did say that they have some exceptions in some cases, but for my wife that wasn't the case because that was no evidence of why she couldn't get her own visa. At that time, we didn't know about the Cancer, we just wanted the partner visa for her so we could move to another small town, which could be harder to get a job and sponsor. I wonder if with all of this changings(chemotherapy, surgery the whole treatment) they would consider an exception. I am considering in get a adviser for this coming visa. I am really scared that they could decline this time and send her home without even finishing the treatment.
Thanks JandM

[JandM]

I see - that is an extra element which goes beyond anything that is in the published rules. I think you're wise to get an adviser. Make sure it's a very experienced one.