Here we go again.......

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Old Oct 4th 2009, 3:53 am
  #16  
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Default Re: Here we go again.......

Originally Posted by Matewx

for you guys... Why did you guys not wait a couple more months to let the dust settle??


Cos our medicals would have run out, and no-one predicted what problems we would have... by "no-one" I mean our lawyers as we discussed everything very carefully before starting the processes.

My employer doesn't seem too worried for us though, which is reassuring. ANd they have seen it all before.
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Old Oct 4th 2009, 6:21 am
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Default Re: Here we go again.......

Originally Posted by Jan n Neil
Cos our medicals would have run out, and no-one predicted what problems we would have... by "no-one" I mean our lawyers as we discussed everything very carefully before starting the processes.

My employer doesn't seem too worried for us though, which is reassuring. ANd they have seen it all before.
I thought the norm was to wait 2 years before applying for PR if work visas were granted instead of PR. That way you have hopefully 2 years of good health in NZ for them to go on when you apply for PR?
For a corporate posting we were referred to London MA and it took 5 weeks; but we were only after 3 year work visas with no intention of staying longer than 4 years in any event. We were not 'selling up' in UK.
It seems irresponsible to let you 'sell up' in UK if there is a chance PR will ultimately be refused even if work visas are allowed, since you were not just being posted temporarily like we were.
I also don't see how the medicals would 'run out' if things were already in the system. It seems weird to run two different kinds of applications at the same time and from your experience it doesn't seem very advisable, so at least others can learn from it.
Good luck.
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Old Oct 4th 2009, 6:33 am
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Default Re: Here we go again.......

Originally Posted by luvwelly
I thought the norm was to wait 2 years before applying for PR if work visas were granted instead of PR. That way you have hopefully 2 years of good health in NZ for them to go on when you apply for PR?
For a corporate posting we were referred to London MA and it took 5 weeks; but we were only after 3 year work visas with no intention of staying longer than 4 years in any event. We were not 'selling up' in UK.
It seems irresponsible to let you 'sell up' in UK if there is a chance PR will ultimately be refused even if work visas are allowed, since you were not just being posted temporarily like we were.
I also don't see how the medicals would 'run out' if things were already in the system. It seems weird to run two different kinds of applications at the same time and from your experience it doesn't seem very advisable, so at least others can learn from it.
Good luck.
If you actually waited 2 years you would probably have to leave NZ, as it may be unadvisable to leave it so close to deportation date? I have a permanent job with a 2 yr visa, therefore we have been advised to apply for PR as soon as possible (by the lawyers and employers). In fact, when my employers bring people in, they always do it like this. The only reason for not going straight for PR was that we were advised that work visa was quicker - it should have been but was not in our case.

The medicals are submitted again for PR and needed to be 3 months in date. The team working on work visas is not the same as the PR team, in London, hence you re-submit. I have a mild medical condition that would not go away in 2 years, but was deemed acceptable. It obviously is, as my own papers have not been re-referred. Neil's consultant said he was not ill and did not have a problem, so it seemed logical to just go ahead.

We ran two processes at a time (and others do this too) to get a work visa quickly and then get PR. It didn't work for us, but people with absolutely no problems at all could get work visas in 15 days this year: much quicker than PR.

Ultimately we will be OK, we're just a bit fed up: more blimmin hoops! I have a high profile job and I suppose my contribution to NZ plc is already significant: but yes, there is a teensy weensy risk that we could be chucked out. Not likely. But not zero.....

Not stopping us house hunting though
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Old Oct 4th 2009, 1:07 pm
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Default Re: Here we go again.......

Hopefully everything will be alright The fact that your employer has seen it all before and doesn't seem concerned feels a bit reassuring. Keep us posted and hopefully you'll get some reassuring news very soon!
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Old Oct 4th 2009, 11:07 pm
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Default Re: Here we go again.......

Originally Posted by Jan n Neil
Our lawyers were very clear that MA's only state whether the applicant has an acceptable state of health. .
That was what I meant actually when I wrote 'it will be down to the MA'. The CO will make the decision on the PR application but will look to the MA report re Acceptable Standard of Health per NZIS policy.


Originally Posted by luvwelly
I thought the norm was to wait 2 years before applying for PR if work visas were granted instead of PR
That would be the norm for those granted Work to Residence under the SMC, instead of a straight Permanent Residence visa.

With Jan& Neill , they went for temporary work visas to get them in and are now submitting for PR for the first time.

The timing, I suspect, will be to keep the original medicals and notes within the time-frame for the PR application , otherwise they would have to start all over again with the medicals , notes etc.


For others out there:-

Originally Posted by NZIS
A4.70 Determination of whether a medical waiver should be granted (residence and temporary entry)
  1. Any decision to grant a medical waiver must be made by an officer with schedule 1 delegations (see A15.4).
  2. When determining whether a medical waiver should be granted, visa and immigration officers must consider the circumstances of the applicant to decide whether they are compelling enough to justify allowing entry to, and/or a stay in New Zealand.
  3. Factors that officers may take into account in making their decision include, but are not limited to, the following:
    1. the objectives of Health requirements policy (see A4.1) and the objectives of the policy or category under which the application has been made;
    2. the degree to which the applicant would impose significant costs and/or demands on New Zealand's health or education services;
    3. whether the applicant has immediate family lawfully and permanently resident in New Zealand and the circumstances and duration of that residence (unless the limitations on the grant of medical waivers set out at A4.60(c) apply);
    4. whether the applicant's potential contribution to New Zealand will be significant;
    5. the length of intended stay (including whether a person proposes to enter New Zealand permanently or temporarily).
  4. An applicant who is the partner or dependent child of a New Zealand citizen or resident, may generally be granted a medical waiver unless there are specific reasons for not granting such a waiver or the limitations on the grant of medical waivers to such persons set out at A4.60 (c) apply.
  5. Officers should consider any advice provided by an Immigration New Zealand medical assessor on medical matters pertaining to the grant of a waiver, such as the prognosis of the applicant.
  6. Officers must record decisions to approve or decline a medical waiver, and the full reasons for such a decision.
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Old Oct 5th 2009, 8:48 am
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Default Re: Here we go again.......

Originally Posted by willand tina_h
Jan & Neil, can I just ask then,

if we are still waiting in a few weeks/months time to hear from the ma as have been waiting 5+ weeks now, can we still apply for a work visa althought eh medicals are with the ma? Im just a bit confused now as I know Neil's medical was with the ma, but how did it work for the work visa application? I was under the impression that whichever application we applied for we would still need to pass a medical, was I wrong in thinking that?

for you both, pain in the butts eh??

Tina. x
hi Tina

just a note on this
- our medicals for our PR are referred to MAs because of one or two readings being slightly outside of normal parameters
- but, as you know, Stewart went to NZ House to enquire about the temporary work permit (to get us over there and, more importantly, to get our container in duty-free) - they looked at our medicals and said that they would not cause a problem for the work permit and wouldn't need referring again

I think it costs about £100 for the temporary work permit and so, given that there really does seem to be big delays going on with the MAs (we too were told there are only 6 of them), it seems to me well worth anyone who's on a tight timescale getting at the moment!?

Stewart's back at NZ House today to hopefully 'seal the deal' and we've been told we should have the permit in one week's time....

hope this helps

all the best

Sarah
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Old Oct 5th 2009, 8:00 pm
  #22  
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Default Re: Here we go again.......

Originally Posted by sarahandstew
hi Tina

just a note on this
- our medicals for our PR are referred to MAs because of one or two readings being slightly outside of normal parameters
- but, as you know, Stewart went to NZ House to enquire about the temporary work permit (to get us over there and, more importantly, to get our container in duty-free) - they looked at our medicals and said that they would not cause a problem for the work permit and wouldn't need referring again

I think it costs about £100 for the temporary work permit and so, given that there really does seem to be big delays going on with the MAs (we too were told there are only 6 of them), it seems to me well worth anyone who's on a tight timescale getting at the moment!?

Stewart's back at NZ House today to hopefully 'seal the deal' and we've been told we should have the permit in one week's time....

hope this helps

all the best

Sarah

Hi Sarah, thanks for that, see my other thread, have had news from the MA today although not all good. So gutted

Tina. x
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Old Oct 5th 2009, 9:05 pm
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Default Re: Here we go again.......

Originally Posted by willand tina_h
Hi Sarah, thanks for that, see my other thread, have had news from the MA today although not all good. So gutted

Tina. x
hi again Tina

so could you not also get a one year visa as we are, on the assumption that you'll get your PR within that year???

xxx
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Old Oct 5th 2009, 10:19 pm
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Default Re: Here we go again.......

Originally Posted by sarahandstew
hi again Tina

so could you not also get a one year visa as we are, on the assumption that you'll get your PR within that year???

xxx
I may ring the c/o tomorrow and ask her, cheers sarah, will let you know.

Tina. x
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