A4.65 Medical waivers (applicants for temporary entry class visas) (29/11/2010)

Applicants for temporary entry class visas will not be considered for the grant of a medical waiver unless:

1. they are applying for work visas as seconded business personnel (see A4.65.1 below); or
2. they have submitted a claim for refugee or protection status in New Zealand; or
3. they are the partner or dependent child of a New Zealand citizen or residence class visa holder; and
   1. the purpose of their stay in New Zealand is to be with that New Zealand citizen or residence class visa holder; and
   2. if they applied for a residence class visa in New Zealand they would meet the criteria for residence under Partnership (see F2.5 (a)) or Dependent child (see F5.1(a)) instructions; or
4. they have been assessed as not having an acceptable standard of health on the sole basis that they intend to give birth in New Zealand and they meet the requirements as set out in A4.65.5.

Note: The grant of a medical waiver for the purpose of temporary entry to New Zealand does not confirm that the applicant has an acceptable standard of health for the purposes of residence in New Zealand or that a medical waiver would be granted if a residence class visa application were made. This does not prevent an immigration officer considering whether or not an applicant is likely to be granted a medical waiver for the purpose of residence in New Zealand.

A4.65.1 Seconded business people

1. Seconded business people applying for work visas may be granted a medical waiver if an immigration officer is satisfied that:
   1. the intended secondment will be of real benefit to New Zealand; and
   2. the applicant is unlikely to be a danger to public health during the period of secondment; and
   3. the employer has guaranteed to pay all medical expenses of the applicant during the secondment, including any significant costs to health services identified by an immigration officer or Immigration New Zealand medical assessor.
2. At the time the work visa is granted, the principal applicant must be advised in writing that the visa has been granted even though the applicant does not have an acceptable standard of health.

Note: This instruction (A4.65.1) facilitates New Zealand's international trade commitments (see E9).

A4.65.5 Applicants intending to give birth in New Zealand

1. Applicants for temporary entry may be considered for the grant of a medical waiver by an immigration officer with Schedule 1-3 delegations without referring the matter to an Immigration New Zealand medical assessor if:
   1. they have been assessed as not having an acceptable standard of health on the sole basis that they intend to give birth in New Zealand; and
   2. they are the partner of a New Zealand citizen or residence class visa holder; or
   3. they, or their partner, are applying for a work to residence visa that is equal or greater than 24 months duration or is equal or greater than 24 months duration in combination with any visas previously held.

Effective 29/11/2010