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Thread: Acceptable Standard of Health

  1. #1
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    Default Acceptable Standard of Health

    Hi everyone,

    My wife and I now live and work in New Zealand - I have an Essential Skills Work Visa and she was awarded the corresponding visa as a partner of a worker. When the visas were issued, there were no comments or referrals in terms of our medical certificates. Now, having applied for another Visa, INZ have said my wife's original medical now needs to be referred to a medical assessor. We're not sure how this can be, or the legal basis for that, given that her health was deemed acceptable for the original application and nothing has changed since.

    Anyone have any advice or comment please?

    Thanks,

    Gene

  2. #2
    Join Date
    Feb 2008
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    Default

    There is a higher standard required for a the residence visa I see elsewhere you are going for, than for a temporary one. It comes down to money, basically. If someone is going to be allowed to stay in NZ for, say, two years, that's only two years during which the NZ Health Service will need to treat them, and any condition they have may not develop very much in that time, whereas if they're asking to stay for life, that condition has decades in which it may require more treatment and medications.

    However, as I see you have found from what you said on your other thread, your wife as your partner should be entitled to a medical waiver. The INZ CO should tell you to apply for this, which involves writing a letter pointing out that you are the holder of a skilled job and that she is your partner, and her condition is not one listed in the prohibitions.

  3. #3
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    Hey JandM,

    Thanks for your reply. My understanding is that our medical certificate is valid for 3 years if we make further visa applications. Given that my wife's health has not deteriorated and, the condition they're now querying has actually improved massively, should mean we can rely on the original medical certificate. Looking in the operations manual, the standard for a temporary visa actually seems to be tougher than for a resident class visa.

    Would you be able to point me to anything in the operations manual that gives INZ the authority to overrule a valid current medical certificate please?

    Thanks,

    Gene
    Last edited by genegeney; 27th March 2020 at 06:31 PM.

  4. #4
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    From what is written in various places in the INZ operational manual, it looks as though your wife's medical should be acceptable, and, in any case, that her health should not be an issue because she is secondary applicant on your application.

    However, there are many cases where COs in a hurry, or perhaps recently qualified, do not realize all the ramifications in a particular case, and ask for evidence or information which shouldn't apply. When this happens, all a person can do is to put forward their reasoning as peaceably and politely as possible.

  5. #5
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    @genegeney are you absolutely sure there were no comments? Because INZ can tag an applicant as ASH for a specific application only... I remember receiving a letter saying that I would be asked for new tests if ever I submit a new visa application. I also confirmed the tagging by requesting my information from INZ (https://www.immigration.govt.nz/cont...ation-about-me).

  6. #6
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    Thank you both. I'm happy with the way things stand and will submit myself to the process.

    @allune yes, we're perfectly sure. Nothing was said at all, just the issue of my wife's partner of a worker visa. We only discovered this requirement to send further info when we tried to apply for another visa as our 'first entry before' was going to expire.

  7. #7
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    @genegenet so you’re offshore at the moment?

  8. #8
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    Quote Originally Posted by allune View Post
    @genegenet so you’re offshore at the moment?
    Nope, we're here in NZ. Why do you ask?

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