A4.60 Medical waivers (applicants for residence class visas)(26/11/2012)

1. Applicants for residence class visas in New Zealand who are assessed as not having an acceptable standard of health and whose applications meet all other requirements for approval under the relevant Government residence instructions may be considered for the grant of a medical waiver unless they:
   1. require dialysis treatment, or an Immigration New Zealand medical assessor has indicated that they will require such treatment within a period of five years from the date of the medical assessment; or
   2. have severe haemophilia; or
   3. have a physical, intellectual, cognitive and/or sensory incapacity that requires full time care, including care in the community; or
   4. currently have tuberculosis (TB) (any form including pulmonary and non-pulmonary TB, Multidrug-Resistant (MDR)-TB and Extensively Drug-Resistant (XDR)-TB) and have not completed full treatment for TB as outlined in the New Zealand Guidelines for TB Treatment; or
   5. have had a history, diagnostic findings or treatment for MDR-TB or XDR-TB, unless they have been cleared by a New Zealand Respiratory or Infectious Diseases specialist upon review of their file or review of the applicant as outlined in the New Zealand Guidelines for TB.
2. Medical waivers will also not be granted to people who:
   1. are applying for residence under one of the Family Categories; and
   2. were eligible to be included in an earlier application for a residence class visa (or a residence visa or residence permit issued or granted under the Immigration Act 1987) as the partner of a principal applicant or the dependent child of a principal applicant or their partner; and
   3. were not declared in that earlier application; or
   4. were not included in that earlier application; or
   5. were withdrawn from that earlier application.
3. Applicants (and dependants included in their application) who have been recognised as having refugee or protection status will be granted medical waivers, unless (a) above applies.
4. An applicant who is the partner or dependent child of a New Zealand citizen or residence class visa holder, who would otherwise meet the criteria for residence under Partnership (see F2.5(a)) or Dependent Child (see F5.1(a)) instructions, will be granted a medical waiver unless (a) or (b) above apply.

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

Effective 26/11/2012