PhD scholar in immigration limbo awaiting decision on daughter's health - Visa Matters

PhD scholar in immigration limbo awaiting decision on daughter’s health

December 15, 2025

They rehomed the dogs, sold the house, packed their excitement into suitcases and moved into a hotel. Then Immigration New Zealand said their 4-year-old daughter wasn’t healthy enough to come.

North Carolina mental health counsellor Emily Osborn scoured the world for the right mentor for her PhD on birth mothers who have placed children for adoption. She landed on Victoria University’s Eva Neely, whose “deep research” on maternal health felt the perfect fit.

She was accepted, got a doctoral scholarship and, on September 1, her student visa was approved.

But 3½ months later she, husband Paul and daughter Tallulah are still stuck in immigration limbo. After 2½ months driving each other crazy in a hotel room, they’ve moved into an apartment to wait.

But Osborn hasn’t given up.

Tallulah has been deemed “not of an acceptable standard of health”, despite her neurologist saying she is medically stable and unlikely to over-burden the health or education systems.

The snag is Tallulah’s health. The pre-schooler has developmental delays, and mild muscle weakness on one side. She undergoes speech and occupational therapy and has an EpiPen for peanut allergy, which she has never had to use. She previously experienced two seizures, but has had none since starting a preventive drug.

“Between that medication and all of the exercises and things we do at home, we felt like we had it,” Osborn said. “Like we’re proving that we’re not coming to this country for the medical system.

“We were coming for the education and to get immersed in a different culture and try to have impact in a different space.”

With a limited pre-winter selling window, the family sold their house and moved into a hotel.

But, on October 1, Immigration New Zealand deemed Tallulah “not ASH” – not of an Acceptable Standard of Health.

To get visas, Osborn and her family had to prove they were not likely to impose significant costs or demands on the country’s health services.

That’s despite the fact the family has private health insurance and – as temporary residents – don’t qualify to use New Zealand’s public health system.

The family followed up with a letter from Tallulah’s neurologist saying she was “medically stable” and her needs were “predictable, manageable, and do not impose undue healthcare or educational burden“.

“She is a very happy, engaging and interactive child,” the letter said.

However, on November 11, Immigration NZ confirmed its health assessment.

Immigration adviser Ankur Sabharwal, of Visa Matters, said even temporary visas could be declined if the applicant had a “relatively high probability” of needing hospital admission or expensive drugs.

In 2024, 1395 visa applications were rejected because the person was deemed “not-ASH”.

Health-related rejections were more common in applications for parent or grandparent visas, where applicants were often elderly, Sabharwal said.

Because there are no medical waivers for applicants deemed potentially too expensive or burdensome for the health system, Tallulah’s only remaining option was being granted an exception, he said.

While that was unusual, he had had successful cases, including a client on a work visa who developed cancer but was allowed to stay.

Immigration New Zealand central/southern operations director Dominic Forde said while the agency had deemed Tallulah “not-ASH”, it had not yet made a final decision on her visa.

Tallulah was “likely to result in significant costs or demand on New Zealand health services”, as she was likely to need speech therapy, occupational therapy and support from a multi-disciplinary paediatric team, Forde said.

The person’s ability to pay was not considered, because the overriding concern might not be cost, but the extra pressure they would place on already in-demand services, he said.

However, Osborn called private speech and occupational therapists to check availability, and was told they could get in within a week.

“I feel like there’s space.”

Now, she’s pinning her hopes on Tallulah being granted an exception.

“Going to New Zealand and being let in is a privilege, it’s not a right. So I want to respect that. But I’m holding on to a dream. I find it hard to let go.”

DISCLAIMER: This article does not constitute immigration advice. Individuals need to seek personal advice from a New Zealand licensed immigration adviser or lawyer to assess their unique situation. Ankur can be contacted at info@visamatters.co.nz.

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