What is a Medical Waiver?

For most residence visa applications, a medical waiver may be considered where the applicant: 

• has been assessed as not having an acceptable standard of health;
• meets all the other requirements for approval under the relevant residence instructions; and
• is not affected by an exclusion or restriction in the medical-waiver instructions.

For some specified applicants, the instructions go further and provide that a medical waiver will be granted if the applicable requirements are met and none of the specified exclusions applies. These include certain recognised refugees and protected persons and certain partners and dependent children of New Zealand citizens or residents.

Temporary medical waivers are considerably more restricted. Applicants will not be considered for a medical waiver unless they fall within one of the categories specified in the instructions. These categories include:

• certain applicants under 21 applying for a student or visitor visa as a dependent of a work, student or military visa holder;
• certain partners and dependent children of New Zealand citizens or residents, where the purpose of their stay is to be with that person and they would meet the applicable residence criteria;
• people applying for work visas as seconded business personnel;
• people who have submitted a refugee or protection-status claim in New Zealand; and
• people who have been recognised as having refugee or protection status in New Zealand.

• requires dialysis or has been assessed by an Immigration New Zealand medical assessor as likely to require dialysis within five years;
• has severe haemophilia;
• has a physical, intellectual, cognitive or sensory incapacity requiring full-time care, including care in the community;
• currently has tuberculosis, including pulmonary or non-pulmonary tuberculosis, and has not completed the required treatment; or
• has a history of, diagnostic findings of, or treatment for multidrug-resistant or extensively drug-resistant tuberculosis and has not obtained the required clearance from a New Zealand respiratory or infectious-diseases specialist.

There are limited exceptions for certain special residence categories. Therefore, the applicant’s particular residence category must also be checked.

A residence medical waiver is also unavailable in certain Family Category cases where the person:

• was eligible to be included as a partner or dependent child in an earlier residence application; and
• was not declared, was not included or was withdrawn from that application.

Treatment may sometimes allow an applicant to meet the acceptable-standard-of-health requirements without requiring a waiver. A residence application involving current tuberculosis must be deferred for up to six months from the commencement of anti-tuberculosis treatment and may be approved only if the treatment and other requirements are satisfied.

Immigration New Zealand may also defer a residence decision for up to three months where its medical assessor advises that the condition is treatable within that period and successful treatment may allow the applicant to meet the health requirements.

Only applicants in certain specified categories can be considered for a temporary medical waiver. This means there is no general medical-waiver discretion for other visitor, student or work visa applicants.

Applicants for a Parent Boost Visitor Visa cannot be considered for a medical waiver.

A limited provision applies to applicants under 21 who are applying for a student or visitor visa as a dependent of a work, student or military visa holder. Under this provision, a waiver can be considered only where the applicant does not meet the additional health requirements concerning a severe developmental disorder or severe cognitive impairment requiring significant support.

That provision does not allow Immigration New Zealand to waive a failure to meet separate requirements such as presenting a danger to public health or being likely to impose significant health-service costs or demands.

A temporary medical waiver is also unavailable to certain partners and dependent children of New Zealand citizens or residents who:

• were eligible for inclusion in their partner’s or parent’s earlier residence application; and
• were not included or were withdrawn from that application.

A medical waiver granted for a temporary visa does not establish that the person has an acceptable standard of health for residence or that a residence medical waiver will later be granted.

The factors an immigration officer may consider include:

• the objectives of New Zealand’s health instructions;
• the objectives of the visa category or instructions under which the application was made;
• the degree to which the applicant may impose significant costs or demands on New Zealand’s health or education services;
• whether the applicant has immediate family lawfully and permanently resident in New Zealand, including the circumstances and duration of that residence;
• whether the applicant’s potential contribution to New Zealand will be significant;
• the applicant’s intended length of stay, including whether it is temporary or permanent; and
• advice from an Immigration New Zealand medical assessor on relevant medical matters, such as the applicant’s prognosis.

For a person applying for a student or visitor visa as a dependent of a work, student or military visa holder, the officer may also consider whether the applicant’s parent has the potential to make a significant contribution to New Zealand.

The listed factors are not exhaustive. Immigration New Zealand must consider the applicant’s circumstances and record both its decision and the full reasons for that decision.

• Providing up-to-date medical reports
• Showing evidence of ongoing treatment and management
• Providing evidence of potential contribution to New Zealand

Visa Matters can:

• Explain Immigration New Zealand’s Medical Assessor (MA) report
• Recommend additional evidence to address health concerns
• Prepare a detailed, policy-aligned medical waiver request
• Highlight your contributions to New Zealand

Because different instructions apply to residence and temporary visa applications, advice should be based on the applicant’s particular visa category, medical circumstances, family circumstances and immigration history.

Medical waivers are one of the complex immigration cases Visa Matters advises on.