Bringing disabled sister to NZ?

Old Jun 27th 2021, 9:56 pm
  #1  
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Default Bringing disabled sister to NZ?

Navigating NZ immigration site I end up going in circles until it tells me to speak to an immigration consultant. Happy to do that but I thought I'd ask here first.

I'm a New Zealand citizen, been here 16 years, my parents and sister are in the UK. My sister has learning difficulties and needs 24-hour care.

I've been thinking about what happens when mum and dad are gone, and was wondering if there's any option to bring my sister over. There's not really anyone close over there who could keep an eye on her wellbeing. There would be some challenges with her health. She's 50 this year, not in great physical shape - healthy generally but definitely over standard BMI requirements. And she would need to be in some sort of assisted care facility here. She would have some inheritance backing her up, which is currently planned to be in trust to help with her care.

Wondering if anyone has been in a similar situation and has any insights or advice.
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Old Jun 27th 2021, 10:36 pm
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Default Re: Bringing disabled sister to NZ?

Morning Rob. I am on my phone but will write more later.
Short answer is that this will be an everest size battle for several reasons. However I know that sometimes and rarely there is a sliver of aa chance.
Write more later.
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Old Jun 27th 2021, 10:37 pm
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Default Re: Bringing disabled sister to NZ?

Don't suppose you are part of a large active church community? Or similar
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Old Jun 27th 2021, 10:52 pm
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Default Re: Bringing disabled sister to NZ?

Originally Posted by BEVS View Post
Morning Rob. I am on my phone but will write more later.
Short answer is that this will be an everest size battle for several reasons. However I know that sometimes and rarely there is a sliver of aa chance.
Write more later.
Thanks, much appreciated. We're not religious no. Interesting question
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Old Jun 29th 2021, 12:34 am
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Default Re: Bringing disabled sister to NZ?

Originally Posted by RobClubley View Post
Navigating NZ immigration site I end up going in circles until it tells me to speak to an immigration consultant. Happy to do that but I thought I'd ask here first.

I'm a New Zealand citizen, been here 16 years, my parents and sister are in the UK. My sister has learning difficulties and needs 24-hour care.

I've been thinking about what happens when mum and dad are gone, and was wondering if there's any option to bring my sister over. There's not really anyone close over there who could keep an eye on her wellbeing. There would be some challenges with her health. She's 50 this year, not in great physical shape - healthy generally but definitely over standard BMI requirements. And she would need to be in some sort of assisted care facility here. She would have some inheritance backing her up, which is currently planned to be in trust to help with her care.

Wondering if anyone has been in a similar situation and has any insights or advice.
Hi Rob.

Hard News : I refreshed my memory of assorted visa policies and also the guide of the "Acceptable Standard of Health" requirements. I was looking for something allowable on compassionate grounds. Unfortunately I didn't come up with anything at all.

That she has an intellectual or physical disability which requires quite some care precludes her eligibility as she would not meet the required standard of health. Private funds are not taken into any account at all and neither would you be , despite being her only immediate family member even though you are her brother. To use NZIS own words " they have no bearing" .

Originally Posted by INZ operations manual

Severe developmental disorders or severe cognitive impairments where significant support is required, including but not exclusive to: physical disability : intellectual disability .

The following factors have no bearing on whether an applicant is unlikely to impose significant costs on health services:
  1. The ability of a person or organisation to pay for health services, pharmaceuticals, or residential care which may be required.
  2. The ability of an applicant to gain access to the private health system.
  3. The applicant’s possession of health insurance.
  4. The capacity of family, friends, or a charitable organisation to provide care for an applicant.
Overall and from what I have heard from others seeking a remain to stay for relatives, INZ would take the view that if 24 hr care was needed then that can equally be provided in the UK . That if the family member wished to be closer they could move to the UK. Yes! That was actually stated to someone.

I know of one person that was able to , after a huge long battle, gain residency and a remain to stay for her aged 90yr old mother who clearly had dementia & was really unable to look after herself. I knew this mother and she was often in a respite aged care facility. However this lady had been flown to NZ so was boots on ground. Her daughter was very active in a large church community & there was a huge amount of local township support. Part of the argument was that it would detrimental to her longevity to fly her back & that there was no-one to care for her in the UK. In the end her advance years would have been a factor. So permission to remain was granted on compassionate grounds. Of course a part of this would have been done through the now stalled parent resident visa. Further , this was before immigration became out of favour and so a tightening up and lock down of visa policies + the covid 19 thing.

Have a look through the immigration tribunal which ultimately decides on waiver cases It should be noted that the ultimate decision can be placed before the actual minister of immigration.

I will see if I can make contact the daughter I mention whose mother was given leave to remain and from that maybe know if she used a lawyer or what methods she applied. It was quite a while ago now.




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Old Jun 29th 2021, 1:29 am
  #6  
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Default Re: Bringing disabled sister to NZ?

Wow, I suspected it might be difficult but as you say it sounds just about impossible. Thanks for your reply.
I won't give up on the idea entirely yet but will have realistic expectations.
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Old Jun 29th 2021, 2:14 am
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Default Re: Bringing disabled sister to NZ?

Originally Posted by RobClubley View Post
Wow, I suspected it might be difficult but as you say it sounds just about impossible. Thanks for your reply.
I won't give up on the idea entirely yet but will have realistic expectations.
No. Do not give up entirely. From memory the daughter with the Mum who had dementia got the local MP behind her also. Damien O'Connor. This was back around 2016/2017 or so.

It is a very difficult one & atm I cannot see a pathway. There is no longer even family weighting. Much would perhaps rest on past cases that had a successful tribunal outcome. If there were a couple of cases approved for someone offshore but with impairments which exceeded the acceptable standard of health immigration policy , then that would show a presidence.

There is currently an ongoing appeal for a young Russian wheelchair bound student whose residency application has been declined.
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