Types of temporary visa

Old May 22nd 2009, 7:05 am
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Default Types of temporary visa

Just thought I would post on here what is happening to us in case it is of any help to anyone....

I have a job offer with an Accredited employer, who are very kindly paying for a NZ lawyer for us too, and it turns out that we probably need them They initally advised us to apply for Talent (WTR) visa and PR in parallel, to get ourselves out there quickly, gaining PR later on, with OH coming on the Partner basis.

Both our medicals have come back with the "abnormal" box ticked. Mine is for mild inflammatory disease but I am not on medication, and have not had time off work for years, his is for high BMI and raised LFTs. Although neither conditions are likely to ultimately cost NZ the magic 25000 dollars, this puts automatic delay into our Talent visa application. Hence the lawyers have decided that we will apply for the Essential Skills visa instead, which is also fine as my job is a Skill Level 1 in the ANZCO. Their argument is that the medicals may be less closely scrutinised for a purely temporary visa, such as the Essential Skills visa, than for a Talent visa, and the PR application can jog along in the background.

Finally, because we will need PR, one or both of us may need a medical waiver, but our lawyers in NZ specialise in this, and have assured us they will talk us through it and they will base it upon the "greater benefit to NZ" argument. Ultimately they do not see a problem, but have had a long chat with me about how difficult it can be psychologically, dealing with all the delays and hoops to be jumped through. One thing I have noticed about the staff in my new place is that unless they are ex Brits (or elsewhere) they do not appreciated the extent of the immigration process we go through.

We plan on living in NZ permanently, as the new job is an outstanding career move for me and one I really want. Neil reckons he can get work when he's there too, based upon talking to recruiting agencies.

I know that normally an agent ( lawyer in our case) can be seen as unneccessary, but when the situation is not straightforward, I am very glad we have one.

Finally, our EOI was selected on 20th May so at least I feel we are in the system


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Old May 22nd 2009, 11:44 am
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Default Re: Types of temporary visa

Their argument is that the medicals may be less closely scrutinised for a purely temporary visa, such as the Essential Skills visa, than for a Talent visa, and the PR application can jog along in the background.


Not wishing to sound damning in anyway... but perhaps I am. Nothing personal at all you understand. although if you do feel that way then so be it.
I would hope that the NZIS operations manual applies the same to one and all and within the given criteria for each visa applied for..
A registered NZAMI agent shouldn't be able to alter this in anyway. If they can,
then this smells of inside help.

A raised BMI above the limits should mean an automatic Medical referral at the very least, just as it means for anyone else who doesn't meet the health requirements.

I'm quite shocked.
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Old May 22nd 2009, 11:57 am
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I agree with you on all counts. We are definitely going to be referred to Medical Assessors we know that, and the lawyers have never said we are not going to be. They are certainly not altering anything and are a very well known firm. I only assume that they are going off many years experience?

I posted our story to try and be helpful. I/we will have to wait and see if there is indeed any difference between the types of temporary visa?

Edit: I did say "may"... perhaps it relates to an assessment of whether a check to see if a medical condition will cost NZD25000 over 3 years (temporary) as opposed to life (PR,WTR)?

Last edited by Jan n Neil; May 22nd 2009 at 12:04 pm.
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Old May 22nd 2009, 12:07 pm
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Default Re: Types of temporary visa

Sorry. Not meant to be upsetting in any way but this

Their argument is that the medicals may be less closely scrutinised for a purely temporary visa,
but our lawyers in NZ specialise in this, and have assured us they will talk us through it and they will base it upon the "greater benefit to NZ" argument.
is still quite surprising.

You are intending to apply for PR, therefore you should need to meet the same health criteria as everyone else , surely.

If you don't have to ,then it opens up a whole new ball park for many others and one which several folks will be interested to read. Especially those that have been made to fit the health criteria, so please do share.
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Old May 22nd 2009, 12:14 pm
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Default Re: Types of temporary visa

I think I understand that our PR and our temporary visas processes are two entirely separate processes and we expect to have the same difficult hoops to jump through as everyone especially given our slight problems. We are not expecting a picnic.

Will report back, could be interesting?
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Old May 22nd 2009, 2:34 pm
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More info I just remembered: there are no medical waivers allowed for temporary visas at all. So I guess this is all to do with the NZD25000 cost implication: if you are going to cost that much to the NZ health service in the period of your relatively short stay you will not be allowed in at all. End of story: which I kind of do understand, i.e. why should you be allowed to be a burden for 2-3 years and then leave?

You could also imagine a scenario where you were allowed in for the Essential Skills visa for 3 years, because you had a complaint that was not going to cost 25000 in 3 years. But on application for PR you were then declined as you could cost 25000 over a lifetime.......

I guess perhaps this is what the lawyers comment meant? It is, after all, all to do with the cost to NZ of one's "unsatisfactory" health....
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Old May 23rd 2009, 12:22 am
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From the NZIS operations manual

A4.10 Acceptable standard of health (applicants for residence)

1. Applicants for residence visas and permits must have an acceptable standard of health unless they have been granted a medical waiver. An application for residence must be declined if any person included in that application is assessed as not having an acceptable standard of health and a medical waiver is not granted (see A4.60).

2. Applicants for residence are considered to have an acceptable standard of health if they are:
1. unlikely to be a danger to public health; and
2. unlikely to impose significant costs or demands on New Zealand's health services or special education services; and
3. (unless the applicant is sponsored for residence by a person who holds refugee status in New Zealand) able to undertake the work on the basis of which they are applying for a visa or permit, or which is a requirement for the issue or grant of the visa or permit.

3. The conditions listed in Appendix 10 are considered to impose significant costs and/or demands on New Zealand's health and/or special education services. Where a visa or immigration officer is satisfied (as a result of advice from an Immigration New Zealand medical assessor) that an applicant has one of the listed conditions, that applicant will be assessed as not having an acceptable standard of health.

4. If a visa or immigration officer is not initially satisfied that an applicant for residence has an acceptable standard of health, they must refer the matter for assessment to an Immigration New Zealand medical assessor (or the Ministry of Education as appropriate).

A4.10.1 Assessment of whether an applicant for residence is unlikely to impose significant costs on New Zealand's health services

1. The requirement that an applicant for residence must be unlikely to impose significant costs on New Zealand's health services is not met if, in the opinion of an Immigration New Zealand medical assessor, there is a relatively high probability that the applicant's medical condition or group of conditions will require health services costing in excess of $25,000.

Note: Assessment will be in terms of current costs with no inflation adjustment.

2. In the case of acute medical conditions, the medical assessor will provide an opinion on whether there is a relatively high probability that the condition or group of conditions will require health services costing in excess of NZ$25,000 within a period of four years from the date the assessment against health requirements policy is made.

3. In the case of chronic recurring medical conditions, the medical assessor will provide an opinion on whether, over the predicted course of the condition or group of conditions, there is a relatively high probability that the condition or group of conditions will require health services costing in excess of NZ$25,000.

A4.10.5 Assessment of whether an applicant for residence is unlikely to impose significant costs on New Zealand's special education services

The requirement that an applicant for residence must be unlikely to impose significant costs on New Zealand's special education services is not met if the Ministry of Education (MoE) has determined that there is a relatively high probability that the applicant's physical, intellectual, sensory or behavioural condition or group of conditions would entitle them to Ongoing and Reviewable Resourcing Schemes (ORRS) funding.

A4.10.10 Assessment of whether an applicant for residence is unlikely to impose significant demands on New Zealand's health services

The requirement that an applicant must be unlikely to impose significant demands on New Zealand's health services is not met if, in the opinion of an Immigration New Zealand medical assessor, there is a relatively high probability that the applicant's medical condition or group of conditions will require health services for which the current demand in New Zealand is not being met.
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Old May 23rd 2009, 12:24 am
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More re. the Health Requirements

A4.15 Acceptable standard of health (applicants for temporary entry)

1. Applicants for temporary entry to New Zealand must have an acceptable standard of health, unless they have been issued or granted a visitor's visa for the purpose of obtaining medical treatment (see V3.40) or have been granted a medical waiver (see A4.65).

2. Applicants for temporary entry to New Zealand are considered to have an acceptable standard of health if they are:
1. unlikely to be a danger to public health; and
2. unlikely to impose significant costs or demands on New Zealand's health services during their period of intended stay in New Zealand; and
3. (if they are under 21 years of age and are applying for a student visa or permit) unlikely to qualify for Ongoing and Reviewable Resourcing Schemes (ORRS) funding during their period of intended stay in New Zealand; and
4. able to undertake the work or study on the basis of which they are applying for a visa or permit, or which is a requirement for the issue or grant of the visa or permit.


A4.15.1 Assessment of whether an applicant for temporary entry is unlikely to impose significant costs or demands on New Zealand's health services

Assessment of whether an applicant for temporary entry is likely to impose significant costs or demands on New Zealand's health services will take into account whether there is a relatively high probability that the applicant will need publicly funded health services during their period of stay in New Zealand including, but not limited to:

* hospitalisation;
* residential care;
* high cost pharmaceuticals;
* high cost disability services.

Note: Residential care is long term care provided in a live-in facility such as an aged-person's facility or a facility for people with a physical, sensory, intellectual or psychiatric disability.

Note: Applicants who intend to give birth in New Zealand are not considered to have an acceptable standard of health as it is likely they will impose significant costs or demands on New Zealand's health services.

A4.15.5 Requirement to refer Medical and Chest X-Ray Certificates

1. If a visa or immigration officer is not initially satisfied that an applicant for temporary entry has an acceptable standard of health, they must refer the matter to an Immigration New Zealand medical assessor for assessment (or Ministry of Education where appropriate).
2. Notwithstanding the requirement to refer Medical and Chest X-Ray Certificates, as set out in (a) above, where a person falls within the provisions of A4.65.5, referral to an Immigration New Zealand medical assessor is not required.
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Old May 23rd 2009, 12:26 am
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More...

A4.65 Medical waivers (applicants for temporary entry)

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

1. they are applying for work visas or permits as seconded business personnel (see A4.65.1 below); or
2. they have submitted a claim for refugee status in New Zealand; or
3. they are the partner or dependent child of a New Zealand citizen or resident; and
1. the purpose of their stay in New Zealand is to be with that New Zealand citizen or resident; and
2. if they applied for residence in New Zealand they would meet the criteria for residence under the Partnership policy (see F2.5 (a)) or Dependent child policy (see F5.1 (a)); 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 application were made. This does not prevent a visa or 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 and/or work permits may be granted a medical waiver if an immigration or visa 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 a visa or immigration officer or Immigration New Zealand medical assessor.
2. At the time the work visa is issued or the work permit granted, the principal applicant must be advised in writing that the visa has been issued or the permit granted even though the applicant does not have an acceptable standard of health.

Note: This policy (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 a visa or immigration officer with schedule 1 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 resident; or
3. they, or their partner, are applying for a work to residence visa or permit that is equal or greater than 24 months duration or is equal or greater than 24 months duration in combination with any visas or permits previously held.
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