2016-Mar 24: Expired Medical Certificates

Visa Pak 252: Advice for staff regarding expired medical certificates and when they can be accepted for temporary and residence applications.

Visa Paks

24 March 2016

Expired Medical Certificates

This advice is to clarify that the delegations at A15.5 (copied below) cannot be used to accept expired medical certificates for residence applications.

Under temporary instructions an application with an expired medical certificate can be approved as an Exception to Instructions (ETI) which essentially means Immigration New Zealand is approving the visa without a medical certificate.

There is no authority to waive any requirements for residence applications.

The processes below should be followed when an expired medical certificate is submitted with a visa application.

Temporary applications

Either: the application may be Return Failed Lodgements;
Or: a delegated officer may waive the requirement for a medical certificate (or any other requirement) for a temporary application. An ETI is given and the medical is not assessed during processing. This medical certificate cannot be used for any other application.

Applicants should be advised that they will need to provide a new medical certificate with any future applications.

Residence applications
Residence applications received with expired medical certificates should be Returned Failed Lodgements and a new medical certificate requested.

Instructions
A15.5 Delegation of Powers to Ministry of Business, Innovation and Employment – Immigration New Zealand, Schedule 2:

    10. The power conferred by regulation 34(1)(a) and (f) of the Immigration (Visa, Entry Permission, and Related Matters) Regulations 2010 to waive, by special direction: 
    
    a. one or more of the requirements for applying for a visa (whether at an immigration control area or otherwise)

Action
Please discuss this advice with your team(s) and ensure that applications submitted with expired medical certificates are processed correctly.