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Thread: Residency and Student Visa for autistic child

  1. #1
    Join Date
    Jan 2019
    Location
    New Zealand
    Posts
    20

    Default Residency and Student Visa for autistic child

    Hi there,


    I would like to ask for someone with similar situation or a Licensed Immigration Adviser here. We submitted our Residency from work and about to submit the student visa renewal for my son. He is High Functioning Autistic and is in mainstream primary school. He also doesn’t have medical conditions and is doing well at school and doesn’t require Teacher Aide. The Ministry of Education also will release him from support this October.

    My concern, there is a news recently in Stuff that a family was approved with Residency except their 10year old autistic child despite of being a high functioning and was also denied a
    Student visa. It caused me panic somehow and I would like to ask if I can apply for a medical waiver instead? Thanks in advance!

  2. #2
    Join Date
    Feb 2008
    Posts
    37,194

    Default

    I'm not surprised that the news item worried you. But remember, all cases are dealt with individually, and we're never going to know every detail of someone else's medical, supporting evidence, etc., from a news service article, to know whether that other child's educational situation is comparable to your son's, or not.

    I'm not an LIA. The following information comes from the INZ operational manual, and from other people's experiences, shared on the forum.

    https://www.immigration.govt.nz/opsmanual/#44856.htm A4.15.2 Assessment of an applicant for a student visa who is likely to qualify for ORS funding is the regulation which governs this. When you say that the Ministry of Education will release him from support, is it ORS that you're talking about? If so, you will need very clear evidence that it WILL definitely end, and why.

    This https://www.immigration.govt.nz/opsmanual/#44863.htm is the page about Medical Waivers, so you can see the situations in which they can be granted. Notice A4.65 b, for the various reasons why a medical waiver will not be considered.

    When will you be able to apply for residence for your son as your dependent child?

    You can't apply for a medical waiver at an early stage before the medical is submitted. If someone's medical or educational situation is referred, and declared by the MA not to show an acceptable standard of health (ASH), then at that point, the CO working the case will tell you that you can ask for a medical waiver.

  3. #3
    Join Date
    Jan 2019
    Location
    New Zealand
    Posts
    20

    Default

    Thank you JandM!

    He is not funded with ORS because he is not qualified. He only received minimal support from Ministry of Education and will end soon because he is thriving at school academically and behaviourally.

    We have done submitting our residence. Now we received request for a panel physician, hopefully we can gather enough evidence for him. ��

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