Friday, 18 November 2011

These questions and answers are about a change to immigration instructions from 21 November 2011 which will affect applicants who are the partner or dependent child of a New Zealander but who do not have an acceptable standard of health.

What change is being made?

Partners or dependent children of New Zealand citizens or residents who do not have an acceptable standard of health, will be granted a medical waiver unless they have a disqualifying condition. 

What are the disqualifying conditions?

The following medical conditions will disqualify the partner or a dependent child of a New Zealand citizen or resident from being granted a medical waiver:

• needing dialysis treatment, or an Immigration New Zealand medical assessor has indicated that such treatment will be required within four years, or
• having active pulmonary tuberculosis, or
• having severe haemophilia, or
• having a physical incapacity that requires full-time care.

Why is Immigration New Zealand making this change?

This change clarifies that partners and dependent children of New Zealand citizens and residents should qualify for a medical waiver if they do not meet health requirements, unless they have a disqualifying condition. It makes it more transparent for applicants and supports our focus on facilitating the return of expatriate New Zealanders. 

I am the partner or child of a New Zealand citizen or resident and am applying for a temporary entry visa. Am I eligible for a medical waiver if I do not have an acceptable standard of health?

You are eligible for a medical waiver if:

• the purpose of your stay in New Zealand is to be with the New Zealand citizen or resident, and
• if you applied for a residence visa in New Zealand you would meet the criteria for residence under the Partnership or Dependent Child categories.

If you are the partner of a New Zealand citizen or resident this means that you must have been living together for 12 months or more in a partnership that is genuine and stable.  You will not be eligible for a medical waiver if you have been together for less than 12 months and are applying for a temporary visa to be in New Zealand in order to meet the 12 month qualifying period. 

I lodged my residence application before 21 November 2011 but am still waiting for a decision, does this change affect me?

No, Immigration New Zealand cannot apply these instructions retrospectively. 

If I will be granted a medical waiver anyway, unless I have one of the disqualifying conditions, why do I still need to be examined for conditions which will not disqualify me?

Immigration New Zealand (INZ) is currently undergoing a review of the way in which we screen applicants for medical conditions; and the types of conditions that we screen for. This work will be completed in mid-2012 and INZ will then be in a position to refine our medical and X-ray certificates to capture the information we require.