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The applicant is a 37 year old British citizen who had lived in the USA for the past 12 years. A registered nurse he had grown up in New Zealand from age 3 and only left as he found it difficult to secure work during the econmic restructuring of the early 1990s. Unfortunately he did not renew his Returning Resident's Visa and had not like the rest of his family become a citizen of New Zealand. Now married with a 15 month old son he had a job lined up in New Zealand and filed an Expression of Interest as a Skilled Migrant.
In due course the EOI was selected from the pool as he had a prima facie claim to sufficent points. He was after the initial verificationand credibility checks invited to apply for residence. He filed the application expecting there would be no issues as the case looked "straight forward" (how I have come to detest that word) and as he had been invited to apply what could go wrong?
Just as he thought his case was about to be approved the Immigration Department dropped an absolute bombshell. Just weeks before he was due to take up the position in New Zealand he received a letter from his case officer advising that the Medical Assessor attached to the Department was recommending that his application be declined on the basis that his young son had a 'hole in the heart'. Won't bore you with the medical term.
The family was devastated. As a registered nurse and on the advice of the toddlers pediatrician he knew there was no serious medical issue in terms of ongoing "cost". Most babies born with this condition (and it is very common) simply grow out of it. The prognosis was exactly the same in this case.
They sought our assistance and we obtained medical evidence proving the fact that contrary to the Department's advice that this child would present an excessive cost (upwards of $25,000 over four years) for his 'accute' condition nothing could be further from the truth.
We won but it took five weeks of sleepless nights for this client.
The lessons?
1. The EOI form gives the impression that if you don't answer "no" to any of the questions on the form you are in the clear medically.
2. The EOI form states that if you are selected from the pool you "may" be asked to complete a medical. The reality is quite different - you will always need to complete a full medical.
3. Just because your Doctor or medical experts tell you that there is no real problem the Immigration Department may well not agree and force you to prove what you are claiming which can involve expensive specialist visits and reports not to mention serious lack of sleep as you worry about the outcome.
This case had a happy ending but is a sad indictment on a process that misleads its "customers" on so many differnet levels.
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