A4.55 Deferral of decisions on residence applications pending treatment for medical conditions (29/11/2010)

1. Applications for residence class visas from people who have active pulmonary tuberculosis must be deferred for a period of up to six months from the date anti-TB treatment has begun, and applications will only then be approved if:
   1. sputum and/or gastric juice is negative on culture for pulmonary tuberculosis; and
   2. the applicant continues to meet all other requirements.
2. A decision on an application for a residence class visa may also be deferred for a period of up to three months where an Immigration New Zealand medical assessor has advised that:
   1. the applicant's medical condition, if not successfully treated, would result in an assessment that they are:
      • likely to be a danger to public health; or
      • likely to impose significant costs or demands on New Zealand's health or education services; or
      • unable to undertake the work on the basis of which they are applying for a visa, or which is a requirement for the grant of the visa; and
   2. the applicant's medical condition is treatable within that three month period such that at the end of that treatment period they may be considered to have an acceptable standard of health.
3. Where (b) above applies, the application may only be approved where:
   1. a further medical report is provided to the Immigration New Zealand medical assessor; and
   2. the Immigration New Zealand medical assessor, having considered that further report, advises an immigration officer that the applicant is unlikely to be a danger to public health, and unlikely to impose significant costs or demands on New Zealand's health or education services, and able to undertake the work on the basis of which they are applying for a visa, or which is a requirement for the grant of the visa; and
   3. the applicant continues to meet all other requirements.

Note: These instructions do not apply to people applying for a permanent resident visa who currently hold resident visas.

Effective 29/11/2010